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Feodum

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. [from Sax. feoh, a stipend, or fee.] In old English law. A fee; the same 2& feudum. See Fee, Feudum. This is the word uniformly employed by Glanville and Bracton to denote an estate of inheritance, and an estate held of another by service, instead of feudum, which is invariably used bv the continental feudists.

Spelman.

Feodum est id quod quis tenet ex quacungue causa, sibiet hcsredibus suis; fee is that which one holds by any title, to him and his heirs. Bract, fol.

263 b.

Item dicitur feodum alio modo — quod quis tenet ab c Uio; that also is called fee in another sense, which one holds of another. Id. ibid. Feodum is also the form used in the Register, and Magna Charta.

Eeg. Orig. 2, 3, 226.

Mag. Chart, c.

2, et passim.

The same form is used by Littleton. Feodum idem est quod hcereditas; fee is the same as inheritance. Litt. sect.

1.

Spelman uses feodum and feudum indifferently. Feodum laicum; a lay fee. Olanv. lib.

13, c. 23.

Bract. fo\.

175.

Magna Charta, c.

18.

See Lay Fee. Feodum militis, or militare; a knight's fee.

2 Bl. Com. 62. 1 Steph. Com. 176.

See Knight's fee. Feodum improprium; an improper or derivative fee or feud.

2 Bl. Com. 68.

See Feudum improprium. Feodum proprium; a proper, pure and original fee or feud, regulated strictly by the old fundamental rules of feudal tenure and succession.

2 Bl. Com, 58.

See Feudum proprium. Feodum simplex; fee simple; a simple or pure fee. l Att. sect.

1.

See Fee simple. Feodum ta Uiatum; fee tail; a fee eutailed; a cut fee. Litt. sect.

13.

See Fee tail. Feodum has the merit of pursuing more closely than feudum, the form and sound of the primitive feoh, from which there is little doubt of its being framed, the A being changed into d for euphony {feodum, mstead of feokum.) Spelman. Waehter Gloss, in voc. The proper meaning of feodum is obviously fee, although, (in consequence, probably, of the established meaning of fee in modem law — an estate of inheritance,) some English writers, especially of late, have thought fit, by way of clearer distinction, to designate the ancient feudal grant as sifeod.

See Feod.