Public-domain · open source
OpenJurist

Frankalmoin

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

FRANKALMOiGNE. A species of ancient tenure, in England, whereby a religious corporation, aggregate or sole, holds its lands of the donor, in consideration of the religious services It performs. The tenant holds in “free alms.” It came to mean a gift to a religious person or body. 3 Holdsw. Hist. E. L. 27. The services rendered being divine, the tenants are not bound to take an oath of fealty to a superior lord. A tenant in frankalmoigne is not only exempt from all temporal service, but the lord of whom he holds is also bound to acquit him of every service and fruit of tenure which the lord paramount may demand of the land held by this tenure. The services to be performed are either spiritual, as prayei*s to God, or temporal, as the distribution of alms to the poor. Of this latter class is the office of the queen’s almoner, which Is usually bestowed upon the Archbishop of York, with the title of Lord High Almoner. The spiritual services which were due before the Reformation are described by Littleton § 135; since that time they have been regulated by the liturgy or Book of Common Prayer of the Church of England; Co. 2d Jnst. 502; Co. Litt. 03, 494 a. Hargr. ed. note (b); 2 Bla. Com. 101. After Edward I. this tenure became of diminishing importance, due to the statutes of mortmain and quia emptores; the former prevented indiscriminate gifts of land to the religious; the latter forbade subinfeudation. 3 Holdsw. Hist. E. L. 29. In the United States religious corporations hold land by the same tenure as other corporations and persons; some states by statute limit the quantity which they may hold,