Frankalmoin and The Assize of Utrum
Gifts of land in frankalmoin were intended to be made to God. Bracton describes these as "primo et principaliter" to God, and only "secundario" to the canons or monks or parsons. A gift, for example, to Ramsey Abbey would take the form of a gift “to God and St. Benet of Ramsey and the Abbot Walter and the monks of St. Benet”; or in short hand, “to God and the church of St. Benet of Ramsey” or briefly “to God and St. Benet”. Often the donor laid the charter of feoffment or some other symbol such as a knife or other symbol of possession upon the altar of the church. God was considered the primary landowner. Bracton founds several arguments upon this assertion. It suggested land given in frankalmoin was outside the sphere of mere human justice.
In later years, the feature of tenure of frankalmoin which attracted the notice of lawyers was the absence of any service that could be enforced by the secular courts. Grants from the Crown “in free, pure and perpetual alms” would be free from all secular service. However, if a mesne lord was involved, then services such as socage, fee and other services might be extracted from the land, either in part or in total. Cases became so complicated that a special assize, the Assize of Utrum was established in the middle of the 12th century. Jurisdiction would normally lie in the Ecclesiastic Courts. The Assize of Ultram, especially as defined in the Constitutions of Clarendon, 1164, gave the Crown a chance to clarify difficult questions of ownership and duty in a non-religious, secular court. Often, ownership was of less importance than in determining who had rights to grain, knight service, marriage penalties and the like. These duties were defined in the manner in which the land had been granted, and by whom in the feudal chain. Frequently land would be donated to a church organization and re-let to the grantor to avoid feudal services to the great lord.
Read more about this topic: Statutes Of Mortmain