Page:Cyclopaedia, Chambers - Volume 1.djvu/839

 FRA

(P)

FRA

Frank. Allen, or Allodium, is a Land, Tenement, or De- ineafn, that does not hold of any fuperior Lord. See Al- lodium, and Fb.ee Laud.

Frank Almoin, or Free Alms, is a Tenure of Lands or Tenements beftow'd on God ; that is, given to fuch People as devote themielves to the Service of GOD, in pure and perpetual Alms.

Whence, the Feoffors, or Givers cannot demand any ter- reftrial Service, fo long as the Lands remain in the Hands bf the Feoffees. Briton mentions another kind of this Land given in Alms, but not free Alms ; the Tenants be- ing tied in certain Services to the Feoffer. See Almoin. Frank Bank, fee Free Bench.

Frank Fee, or Feudum liberum, is that for which no Service is performed to any Lord. See Fee.

According to Frachin. I. -j.c. 39. Lands held in Frank Fee were exempted from all Services, except Homage.

Frank Fee, as defm'd by Broke, is that -which is in the Hand of the King, or Lord of any Manor; being antient Demefne of the Crown : In Contradiftinciion to that in the Tenants Hands, which is only Antient T)emef<ie. See De- mesne.

In the Reg. of Writs, Frank Fee is faid to be that which a Man holds at Common Law to him and his Heirs ; and not by fuch Service as is recjuir'd in antient Demefne, ac- cording to the Cuftom of the Manor.

'Tis added, that the Land in the Hands of King Edward the ConfefTor, at the making of Domefday Book is Antient Demefne ; and all the reft, FrankFee. Upon this footing, all the Lands in the Realm are either Antient Demefne, or Fra?ik Fee. — ■ —

Others define Frank Fee to be a Tenure in Fee Simple, of Lands pleadable at Common Law; and not in Antient Demefne.

Frank Ferm, or Fcrma libera, is Lands or Tenements, wherein the Nature of the Fee is chang'd, by Feoffment, from Knights Services, to certain yearly Services ; and whence neither Homage, Wardihip, Marriage, nor Relief may fee demanded : Nor any other Service, not contain'd in the Feoffment. See Fee Farm.

Frank Fold, is where the Lord hath the Benefit of fold- ing his Tenants Sheep, within his Manor; for the man- uring of his Land. See Faldace.

Frank Law, is the Benefit of the Free, and Common Law of the Land. See Law.

He that for any Offence, as Confpiracy, £f?<\ loofeth his Frank Law, incurs thefe Inconveniencies. i Q That he may not be impaneld upon any Jury or Affize ; or otherwife us'd as an Evidence, or Witnefs to the Truth. i Q That if he have any thing to do in the King's Court, he muft not ap- proach it in Perfon, but appoint his Attorney. 3^ That his Lands, Goods and Chattels be feiz'd into the King's Hands; and his Lands be eilreatcd, his Trees rooted up, and his Body committed to Cuftody. See Conspiracy.

Frank Marriage, or Liberum Maritagium, is a Tenure in Tail Special, whereby Lands or Tenements are held to a Perfon and his Wife, and the Heirs of their Bodies, on condition of doing Fealty to the Donor from the fourth Degree.

This Tenure arifes from thefe Words in the Gift : Sciant, &c. me T.B. de O. dediffe ac concejfiQe, ££? prgfenti char- ta mea confirmajfe A. B. filio meo, & Marine itxori e'yas,fi- lw vcr<s C. D. in liberum maritagium unum Meffu'agium, &c. See Tail.

Glanvil divides Marriage, Maritagium, into liberum^ and fervitio obligatum. See Marriage.

Fleta gives this reafon, why the Heirs do not Service, till the fourth Degree: Ne donatores vel ecrum htfredes per hemagii receptionem a rcverfione repellantur : And why in the fourth Defcent they fhall do Service to the' Donor, J^uia in quarto gradu vehementer pr<efumitur quod terra ejl pro defectu hgrcdum donatariorum reverfura.

Frank Marriage, os Liberum Maritagium, is more clearly exprefs'd by Bracton, to be that where the Donor intends that the Land thus beftow'd, fhall remain quiet, and free from all fecular Service that might be affected to the Fee - fo that he who gave it, fhall claim no manner of Service from it, untill the third Heir, and the fourth Defcent, or Degree; reckoning the Donee in the firft Degree, his Heir in the fecond, the Heir of him in the third, and his, again, in the fourth: But afterwards the fame Land to become fub- je£t to all the former Services ; as being then fuppos'd to re- vert to the Lord for want of Heirs.

The Lands otherwife given in Marriage, viz. Servitio obligate were with a Refervation of the Services due to the Lord, which the Donee and his Heirs were bound to per- form for ever : Only, Homage was not to commence till the fourth Degree ; when both Service and Homage were to be enjoin'd for ever.

Frank Pledge, fignifies a Pledge, or Surety for a free Man; call'd alio Friburgh. See Friburgh.

The antient Cuftom of England., for Preferyation of the

publick Peace, was, that every free born Man, at 14. Tears of Age (religious Perfons, Clerks, Knights, and their eldeft Sons excepted ) fhould find Surety for his Truth towards the King and his Subjects, or elfe he kept up inPrifon.

Accordingly, a Number of Neighbours became inter- changeably bound for each other, to fee ea^h Man of their Pledge forthcoming at all times; or to anfwer for the Of- fence committed by any one gone away : So that when ever one offended, it was prefently enquir'd in what Pledge he was* and then thofe of the Pledge either brought him forth with- in one and thirty Days to his Anfwer; or fatisfy'd for his Offence.

This Cuftom was call'd Frank "Fledge ; and the Circuit it extended to "Decenna, by reafon it ufually confifted of ten Hou/holds ; and every Perfon thus bound'tor himfelf and Neighbours, was call'd Qecennicr. See Decenna.

This Cuftom was fo obferv'd, that the Sheriffs at every County Court did from time to time take the Oaths of young Perions, as they arriv'd at the Age of 14. ; and fee they were fettled in one 2)ecenna, or 2)ozem or another. Whereupon this Branch of the Sheriffs Office and Authority was call'd Vifus Franci <Plegi, i. e. View of Frankpledge. SeeLEET, View of Frank 'Fledge, &c.

Omnis homo, five liber, five fervus, ant efi, vel debet ejfe in Franco Plegio, ant de alicujus manupajlu, nifi fit _ aliquis itinerant de loco in locum, qui non plus fe teneat ad ' mum quam ad alium, vel quid hdbet quod fufficiat pro Franco Plegio, ficut dignitatem, vel ordtnem, vel liberum tenementum, vel in civitate rem immobilem, &c. Bracton L. III. Tract, de Corona, c. 10.

Frank Chace, is Liberty of Free Chace in a Circuit ad- joining to a Foreft, by which all Men, though they have Land of their own within that Compafs, are forbidden to cut down Wood, without the View of the Forefter; though it be their own Demefn.

FRANKINCENSE, or Incense, an odoriferous aro- matic Gum, or Refin, antiently burnt in Temples, and ftill us'd in Pharmacy. See Gum, and Resin.

For all the great Ufe of this Gum, both in the antient Religion, and the modern Medicine ; the Tree that produces it, or even the Place where the Tree grows, is but little known.

The moft common Opinion has always been, that it was brought from Arabia Ftelix, and was found near the City of Saba ; whence its Epithet Sab/gum : And yet the Name Olibanum, which it fometimes bears, feems to intimate, that there are of thefe thuriferous, or Ineenfe bearing Trees in the Holy Land near Mount Libanon. And Travellers are pofitive, that there are others in the Eaft Indies.

Nor are we lefs at a lofs as to the Form or Kind of the Tree from which it flows. *PHny contents himfelf to fay, that it atflrft refembles the Pear Tree; then the MafticTreej then the Laurel ; but that in reality it is the Turpentine Tree.

Frankincenfe, is either Male, or Female. The. Male Ineenfe, call'd alfo Olibanum, is in fair, white Bits, or Tears, a little yellowifh, of a bitter difagreeable Tafte; and when chew'd, promotes the Flux of Saliva.

It is call'd Male, in refpect of its Tears, which are larger than the common, or Female. See Olibanum.

That brought from the Indies, is not near fo good as that from Arabia, or Mount Libanon. It is ufually call'd In- eenfe of Mocha, or Female Ineenfe ; tho' it be not brought from that City. 'Tis ufually in a Mafs, but fometimes in Drops or Tears; fomewhat reddifh, and bitter to the Tafte. Some fell it for the true Bdellium. See Bdellium. The Manna of Frankincenfe is only little, round, clear, tranfparent Grains of the Ineenfe it felf.

Soot of Ineenfe is the fine Flower, rub'd or ground off the Gum in Carriage, and burnt iike Rofin, to make Lamp- black. — ■ — ■

Bark of Ineenfe, is the Bark of the Tree that produces it. It has much the fame Qualities, and the fame Smell as

the Ineenfe it fclf.

Jewifh Ineenfe is only red Storax. See Storax. Male Ineenfe, or Olibanum, is an Ingredient in divers Galenical, and Chymical Preparations. It is alio us'd to af- fuage the Tooth-each : But it is apt to fpoil the found Teeth. The Female is inferior to it in all refpeCls.

FRANKS, Francs, Frankis, orFRANc^uis, a Name the Turks, Arabs, Greeks, &c. give to all the People of the Weftern Parts of Europe.

The Appellation is commonly fuppofed to have had its rife in Afia, at the time of the Croifades ; when the French made the moft confiderable Figure among the Croifees : From which time the Turks, Sarrazens, Greeks, AbyJJt- neai?s,lkc. us'd it as a common Term for all the Chriftians of Europe; and call'd Europe it felf, Frankijlan.

The Arabs and Mahometans, fays Monf. d' Herbelot, ap- ply the Term Franks not only to the French (to whom the Name originally belong'd) but to the Latins and Europe- ans in general.