of the church of England. 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 antient times. Which is alſo the reaſon that tenants in frankalmoign were diſcharged of all other ſervices, except the trinoda neceſſitas, of repairing the highways, building caſtles, and repelling invaſions[1]: juſt as the Druids, among the antient Britons, had omnium rerum immunitatem[2]. And, even at preſent, this is a tenure of a nature very diſtinct from all others; being not in the leaſt feodal, 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[3]. Wherein it materially differed from what was called tenure by divine ſervice: in which the tenants were obliged to do ſome ſpecial divine ſervices in certain; as to ſing ſo many maſſes, to diſtribute ſuch a ſum in alms, and the like; which, being expreſſly defined and preſcribed, could with no kind of propriety be called free alms; eſpecially as for this, if unperformed, the lord might diſtrein, without any complaint to the viſitor[4]. All ſuch donations are indeed now out of uſe: for, ſince the ſtatute of quia emptores, 18 Edw. I. none but the king can give lands to be holden by this tenure[5]. So that I only mention them, becauſe frankalmoign is excepted by name in the ſtatute of Charles II, and therefore ſubſiſts in many inſtances at this day. Which is all that ſhall be remarked concerning it; herewith concluding our obſervations on the nature of tenures.
