Another kind of ancient tenure, still subsisting, is the tenure of
frankalmoign, or free alms, and this is the tenure by which the lands of
the church are for the most part held. This tenure is expressly excepted
from the statute, 12 Charles II., by which the other ancient tenures were
destroyed. It has no peculiar incidents, the tenants not being bound even
to do fealty to the lords, because, as Littleton says, the prayers and
other divine services of the tenants are better for the lords than any
doing of fealty. As the church is a body having perpetual existence, there
is, moreover, no chance of any escheat. By this tenure almost all the
monasteries and religious houses held their lands. It was an old Saxon
tenure; and continued under the Norman revolution, through the great
respect that was shewn to religion and religious men in ancient times.
This too, no doubt, is the reason that tenants in frankalmoign were
discharged from all other services except the repairing of highways,
building castles, and repelling invasions; just in fact as the Druids,
among the Ancient Britons, had similar privileges. The tenure being purely
spiritual, the lord had no remedy for neglect by distress or otherwise,
but merely a complaint to the ordinary to correct it.
One of the most interesting tenures is that of Borough English. There are
a great number of manors throughout the country in which this tenure
prevails; they are not however confined to one county or one district.
Borough English is the right of succession of the youngest son, instead of
the eldest, to real estate in case of intestacy, but the custom is not
always the same; it differs in different manors. In some it is confined
to the sons only, and if there should be no son the estate is shared
equally amongst all the daughters. In other manors, principally Sussex,
the youngest daughter inherits. Again, there are cases to be found where
if there be no children, the youngest brother inherits, and in others it
goes according to the rules of the common law. There are, moreover, places
in which the copyhold land only is Borough English, while the freehold is
held by the ordinary tenure, and in others the freehold and copyhold alike
follow the Borough English custom.
Public-domain text, read in full here on John Shaqi.
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