Fealty

[L. Fr. feau Ui; L. Lat. fidelitas,'] In feudal and English law. Fidelity; the feudal obligation by which the tenant or vassal was l^und to his lord, to \i^ faithful and true to him, and to perform the s^vices incident to his tenure.*" 1 Bl, Com, 367. 2 Id, 46.— The bond of fidelity, obedience and service, by which, generally, a subject is bound to his sovereign, particularly a vassal to his lord; {fidei, obsequii, et servitii ligamen, quo yeneraliter s Mtitus reyi, particulariter, vassa Uus domino astriw^tur,) Spelman, voce. Fideles, Fidelitas, General fealty is otherwise and more commonly called allegiance.

1 Bl, Com, 367.

The oath itself {ipsum fidelitatis jusfurandum,) by which the feudal obligation was assumed, and fidelity to the lord sworn by the tenant.

Spelman.

Bract, fol.

80.

Britt. c.

68. Lib. Feud. 2, tit. 4.

Litt. sect.

130.

The distinction between these two senses of the word is not generally observed; the oath being considered as the obligation itself.

2 Bl. Com. 86. 3 Stq)h, Com. 508. I Crahb*s Beal Prcp,eiO,%1lO.

60 Fealty was always considered as the es< sential feudal bond between lord and vassal, without which no feud could exist FidC" litas est de substantia feudi. Duarenus de Feud, cited in Cotoell.

Wright on Tenures, 36. 56. 138. 3 Kent's Com. 610.

Hence it was always, in England, an indispensable incident to every kind of tenure, except frankalmoigne. In modem times, however, it has fallen into disuse, and it is no longer the practice to exact its performance.

Hargr, Co. Litt. Note 20, lib. 2. 3 Kenfs Com, 511, 512.

Even in theory, it is now confined to copyhold tenures, and is usually respited by a small payment by the tenant.

1 Crabb's Beat Prop, 610, 611, § 770.