Legal Definitions - frank-law

Frank-law was a historical legal concept referring to the fundamental rights and privileges of a free citizen, particularly their standing in a court of law. Most importantly, it signified a person's legal capacity to participate in legal proceedings by giving an oath, such as serving as a juror or providing testimony as a witness. To possess frank-law meant one was considered trustworthy and honorable enough to have their word accepted under oath.

Losing one's frank-law, often due to serious crimes or dishonorable conduct, resulted in a severe loss of legal standing. This meant they would be deemed "unworthy of oath" and effectively barred from participating meaningfully in the justice system, unable to give testimony or serve on a jury.

• Example 1: A Freeman Testifying in a Property Dispute

  Imagine a dispute over land boundaries in a medieval village. A local freeman, known for his integrity and good standing in the community, is called upon to provide testimony under oath about what he has observed regarding the property lines.

  This illustrates frank-law because the freeman's ability to take an oath and have his testimony considered valid in court is a direct consequence of possessing frank-law. His status as a free citizen means he is legally capable of swearing an oath, and his word is deemed credible by the legal system. If he had previously committed a serious crime that resulted in the loss of his frank-law, his testimony would not be accepted.

• Example 2: A Merchant Serving on a Jury

  Consider a bustling medieval town where a prominent merchant is summoned to serve on a jury for a case involving a theft from a local market stall.

  The merchant's qualification to serve on the jury and take the solemn juror's oath is a clear manifestation of his frank-law. As a free citizen with an honorable reputation, he is considered "othesworth" – worthy of making an oath – and thus has the legal standing to participate in the administration of justice. A serf, or someone who had been publicly disgraced for a serious offense, would not possess this right.

• Example 3: Loss of Frank-law Due to Perjury

  Suppose a craftsman is repeatedly found to have committed perjury in court, intentionally lying under oath to gain personal advantage in various legal matters.

  Such egregious misconduct, particularly the abuse of the oath, would historically lead to the loss of his frank-law. Consequently, he would no longer be permitted to testify in any future legal proceedings, nor could he serve on a jury. His word would be deemed inherently untrustworthy, and he would suffer "perpetual infamy" in the eyes of the law, effectively losing his legal standing to participate in the justice system.