Blacks Law Dict. 1st ed

FRATERNIA

516

FRANK BANK

divine service, in that the latter required the performance of certain divine services, whereas the former, as its name imports, is free. This tenure is expressly excepted in the 12 Car. II. c. 24, § 7, and therefore still subsists in some few instances. 2 Broom & H. Comm. 203. FRANK BANK. In old English law. Free bench. Litt. § 166; Co. Litt. 1106. See FREE-BENCH. FRANK- CHASE. A liberty of free chase enjoyed by any one, whereby all other persons having ground within that compass are forbidden to cut down wood, etc., even in their own demesnes, to the prejudice of the owner of the liberty. Cowell. See CHASE. FRANK-FEE. Freehold lands exempt ed from all services, but not from homage; lands held otherwise than in ancient de mesne. That which a man holds to himself and his heirs, and not by such service as is re quired in ancient demesne, according to the custom of the manor. Cowell. FRANK FERM. In English law. A species of estate held in socage, said by Brit ton to be "lands and tenements whereof the natuie of the fee is changed by feoffment out of chivalry for certain yearly services, and in respect whereof neither homage, ward, marriage, nor relief can be demanded." Britt. c. 66; 2 Bl. Comm. 80. FRANK-FOLD. In old English law. Free-fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his de mesnes, to manure his land. Keilw. 198. FRANK-LAW. An obsolete expression signifying the rights and privileges of a cit izen, or the liberties and civic rights of a freeman. FRANK-MARRIAGE. A species of en tailed estates, in English law, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a daughter or cousin of the donor, to hold in frank-mar riage, the donees shall have the tenements to thuin and the heirs of their two bodies be gotten, i. e., in special tail. For the word "frank-marriage," ex vi termini, both cre ates and limits an inheritance, not only sup plying words of descent, but also terms of

procreation. The donees are liable to no service except fealty, and a reserved rent would be void, until the fourth degree of con sanguinity be passed between the issues of the donor and donee, when they were capable by the law of the church of intermarrying. Litt. § 19; 2 Bl. Comm. 115. FRANK-PLEDGE. In oldEnglish law. A pledge or surety for freemen; that is, the pledge, or corporate responsibility, of all the inhabitants of a tithing for the general good behavior of each free-born citizen above the age of fourteen, and for his being forthcom ing to answer any infraction of the law* Termes de la Ley; Cowell. FRANK-TENANT. Afreeholder. Litt. § 91. FRANK-TENEMENT. In English law. A free tenement, freeholding, or freehold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bract, fol. 207. Used to denote both. the tenure and the estate. FRANKING PRIVILEGE. The pnv ilege of sending certain matter through the public mails without payment of postage, in pursuance of a personal or official privilege. FRANKLEYN, (spelled, also, "Franc ling" and "Franklin.") A freeman; a free holder ; a gentleman. Blount; Cowell. FRASSETUM. In old English law. A wood or wood-ground where ash-trees grow.. Co. Litt. 46. FRATER. In the civil law. A brother. Frater consanguineus, a brother having the same father, but born of a different mother. Frater uterinus, a brother born of the same mother, but by a different father. Frater nutricius, a bastard brother. Frater fratri uterino non succedet in hsereditate paterna. A brother shall not succeed a uterine brother in the paternal in heritance. 2 Bl. Comm. 223; Fortes, de Laud. c. 5. A maxim of the common law of England, now superseded by the statute 3 & 4 Wm. IV. c 106, § 9. See Bioom, Max. 530. FRATERIA. In old records. A frater nity, brotherhood, or society of religious per sons, who were mutually bound to pray for the good health and life, etc., of their living brethren, and the souls of those that were dead. Cowell. FRATERNIA. A fraternity or brother hood.

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