FRANK TENEMENT, (liberum tenementum), is land, or tenement, which a man holds in fee-simple, fee-tail, or for term of life. See Fee and Tail.
Freehold is of two kinds, in deed and in law.
The first is the real possession of land or tenement in fee, fee-tail, or for life: the other is the right a Freehold man has to such land or tenement before his entry or feizure.
A freehold, by the common law, cannot commence in futuro; but it must take effect presently, either in possession, reversion, or remainder. Whatever is part of the freehold goes to the heir; and things fixed thereto may not be taken in distress for rent, or in execution, &c. No man shall be disfeifed of his freehold by fiat. Magna Charta, cap. 29. but by judgment of his peers, or according to the laws of the land, nor shall any diltrain freeholders to answer for their freehold in any thing concerning the same, without the king's writ. Freehold estates, of certain value, are required by statutes to qualify jurors, electors of the knights of the shire in parliament, &c.
FREEHOLD is likewise extended to such offices as a man holds in fee, or for life.
FREEHOLD is also sometimes taken in opposition to villenage.
Lambard observes, that land, in the Saxons time, was distinguished into bockland, i.e. holden by book or writing; and folkland, held without writing. The former, he says, was held on far better condition, and by the better sort of tenants, as noblemen and gentlemen; being such as we now call freehold: the latter was mostly in possession of peasants; being the same with what we now call at the will of the lord.
In the ancient laws of Scotland, freeholders are called milites, "knights." In Reg. Judicial, it is expressed, that he who holds land upon an execution of a statute merchant, until he hath satisfied the debt, tenet us liberum tenementum sibi et assignatis suis; and the fame of a tenant per elegit: the meaning of which seems to be, not that such tenants are freeholders, but as freeholders for the time, till they have received profits to the value of their debt.