frankalmoign


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frankalmoign

(ˈfræŋkəlˌmɔɪn)
n
(Historical Terms) English legal history a form of tenure by which religious bodies held lands, esp on condition of praying for the soul of the donor
[C16: from Anglo-French fraunke almoigne, from fraunke frank + almoign church treasury, alms chest]
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In his discussion of the question of just how free an estate in frankalmoign really could be, Maitland observes that only land held directly of the king by a grant in free, pure, and perpetual alms could in practice remain entirely safe from all obligations of secular service; if any lord stands interposed between a donor of an estate in frankalmoign and the king, then that lord is owed his secular service on the land, no matter what his subordinate does with it.(7) Therefore those land holdings that were the most 'free', in the sense of free from secular service, were those held directly of the king.
The use of the prepositions for and of in the phrase ministre of fredam for almesse suggests all the more strongly that the phrase is meant to refer to the distribution of estates in frankalmoign, and not just to a generalized munificence.
And a legal exemption from service for the purpose of almsgiving is called frankalmoign.
Thus, that Custance's hand is called the 'ministre', or dispenser, of estates in frankalmoign is entirely appropriate, for the ritual of vassalage, in which the act of 'handing over' an estate is reified, constitutes in effect not only the symbolic but the legally binding act of conveyance.
In order to capture the more specific legal sense of the passage, it would be more precise to gloss it: '[Custance's] hand, in which the right to grant estates in the feudal tenure of frankalmoign lies'.
El modo de la recepcion era el frankalmoin (o frankalmoign).
Desde esta perspectiva el derecho canonico solo tenia que ver por tanto con materias espirituales, derecho matrimonial, ultimas voluntades y sucesiones, provision de los oficios de iglesias recibidas en frankalmoign, derechos de patronato, crimenes de los clerigos, otros crimenes como la difamacion, adulterio, usura, y las cuestiones de diezmos.
(36) <<Before the coming of the Conqueror and his feudal lawyers much land in England had been acquired to be held by the spiritual tenure of frankalmoign, a tenure subjecting the holders to what was termed the trinoda necessitas (for threefold obligation) of repairing highways, building castles, and repelling invasions, but otherwise to no service other than praying for the souls of the donor and his heirs, dead or alive [...].
The canon law from this perspective was, therefore, concerned exclusively with spiritual matters, marriage law, wills and succession, frankalmoign provision of church offices, advowsons, crimes of clerics, other crimes, such as defamation, adultery, usury, and tithes.
1100-1350"; and "Heads of Religious Houses as Administrators." The second part focuses on the nature of land tenure, services, and rights of inheritance prior to the thirteenth century and includes: "Gifts in Frankalmoign, Warranty of Land, and Feudal Society"; "Seeking the Language of Warranty of Land in Twelfth-Century England"; "Tenure in Frankalmoign and Knight Service in Twelfth-Century England: Interpretation of the Charters"; and "Choosing Witnesses in Twelfth-Century England."
While examining the development of specific clauses or formulae that qualify and insure benefices, Postles demonstrates how both the intentions and practice of gifting in free alms (frankalmoign) descended to a mixture of partial alms, partial payments, and concessions, especially in cases involving subinfeudation.
frankalmoign was exempt from the usual feudal incidents...."