Legal Definitions - in liberam elemosinam

In liberam elemosinam is a historical Latin legal term that describes a specific type of land grant made for charitable or religious purposes. When land was granted 'in liberam elemosinam,' it meant the recipient, typically a religious institution or charity, held the land without owing traditional feudal services like military service or agricultural labor to the grantor. Instead, the expectation was that the recipient would provide spiritual services, such as prayers for the grantor's soul, or use the land to support charitable works. This form of tenure was also known as frankalmoin.

Here are some examples to illustrate this concept:

• Imagine a powerful medieval lord in the 12th century who wished to ensure the spiritual welfare of his family for generations. He might grant a substantial parcel of his estate to a newly established monastery. The monks would then use the income generated from this land to sustain their community and perform daily prayers and masses for the lord, his ancestors, and his descendants. This arrangement would be considered a grant in liberam elemosinam because the land was given for a religious and charitable purpose (the support of the monastery and the offering of prayers) rather than for military service or agricultural labor owed to the lord.

• Consider a wealthy merchant in 14th-century England who, driven by piety and a desire to help the less fortunate, decided to establish an almshouse for the poor and elderly of his town. To fund this charitable endeavor, he might donate a significant piece of land, stipulating that its rents and produce be used exclusively for the maintenance of the almshouse and its residents. This donation would be an example of land held in liberam elemosinam, as it was dedicated to a charitable cause (providing shelter and care for the poor) without imposing any feudal obligations on the charitable foundation towards the merchant or his heirs.

• During the early medieval period, a king might grant a large tract of fertile land to the chapter of a prominent cathedral. The cathedral chapter would then use the revenue from this land to support its canons (clergy), maintain the cathedral building, and ensure the continuous performance of religious services and ceremonies. This grant would be classified as in liberam elemosinam because the land was given to a religious body for its upkeep and spiritual functions, rather than for the provision of knights or other secular services typically associated with feudal land tenure.