Home1823 Edition

FRANK-ALMOIGNE

Volume 9 · 276 words · 1823 Edition

(libera eleemosyna), or "free alms;" a tenure of a spiritual nature, whereby a religious corporation, aggregate or sole, holdeth lands of the donor to them and their successors for ever. The service which they were bound to render for these lands was not certainly defined: but only in general to pray for the souls of the donor and his heirs, dead or alive; and therefore they did no fealty (which is incident to all other services but this), because this divine service was of a higher and more exalted nature. This is the tenure by which almost all the ancient monasteries and religious houses held their lands; and by which the parochial clergy, and very many ecclesiastical and cleemosynary foundations, hold them at this day; the nature of the service being upon the Reformation altered, and made conformable to the purer doctrines of the church of England. It was an old Saxon tenure; and continued under the Norman revolution, through the great respect that was shown to religion and religious men in ancient times. This is also the reason that tenants in frank almoigne were discharged of all other services except the trimoda necessitas, of repairing the highways, building castles, and repelling invasions; just as the Druids, among the ancient Britons, had omnium rerum immunitatem. And even at present, this is a tenure of a very different nature from all others; being not in the least feudal, but merely spiritual. For, if the service be neglected, the law gives no remedy by distress, or otherwise, to the lord of whom the lands are holden; but merely a complaint to the ordinary or visitor to correct it.