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Fealty

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

That duty which every man who holds lands of another owes to him of whom he holds. Under the feudal system, every owner of lands held them of some superior lord, from whom or from whose ancestors the tenant had received them. By this connection the lord became bound to protect the tenant in the enjoyment of the land granted to him; and, on the other hand, the tenant was bound to be faithful to his lord and to defend him against all his enemies. This obligation was called fldelitas or fealty; 1 Bla, Com. 263; 2 id.

86; Co. Litt. 67 b.

This fealty was of two sorts: that which is general, and is due from every subject to his prince; the other special, and required of such only as in respect of their fee are tied by this oath to their landlords; 1 Bla. Com. 367; Cowell. The oath or obligation of fealty was one of the essential requisites of the feudal relation; /2 Sharsw. Bla. Com. 45, 86; Littleton §§ 117, 131; Wright, Ten. 35; Termes de la Ley; 1 Washb. R. P. 19; see 1 Poll. & Maltl. 277-287, and was as follows: ‘‘Hear this ye good people that I (such a one by name) faith will bear to our lord King Edward from this day forward of life and limb, of body and chattels and earthly honor, and the services which belong to him for the fees and tenements which I hold of him will lawfully perform to him as they become due to the best of my power, so help me God and the saints."

Stubbs, Const. Hist. § 462 n.

Fealty was due alike from freeholders and tenants for years as an incident to their estates to be paid to the reversioner; Co. Lit. 67 b.

Chal. R. P. 13.

Tenants at will did not have fealty; 2 Burton, R, P. 395, n.; 1 Washb. R. P. 371. It has now fallen into disuse, and is no longer exacted; 3 Kent 510; Wright, Ten. 85, 65; Cowell.