Fealty

That fidelity 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, bhe tenant was bound to be faithful to his lord, and to defend him against all his enemies. This obligation was called fdelitas, or fealty. 1 Bl. Comm. 263; 2 Bl. Comm. 86; Co. Litt. 67b; 2 Bouv. Inst, note 1566. 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 Bl. Comm. 367; Cowell. The oath or obligation of fealty was one of the essential requisites of the feudal relation. 2 Sharswood, Bl. Comm. 45, 86; Litt. §§ 117, 131; Wright, Ten. 35; Termes de la Ley; 1 Washb. Real Prop. 19. Fealty was due alike from freeholders and tenants for years as an incident to their estates, to be paid to the reversioner. Co. Litt. 67b. Tenants at will did not have fealty. 2 Flintoflf, Real Prop. 222; Burton, Real Prop. 395, note; 1 Washb. Real Prop. 371. It has now fallen into disuse, and is no longer exacted. 3 Kent, Comm. 510; Wright, Ten. 35, 55; Cowell.

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.

In feudal and English law. The obligation lease payable, anin lands; the land land, as of an impost; words of operation

In feudal law. Fidelity; allegiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedience and service. Fealty signifies fidelity, the phrase "feal and leal" meaning simply "faithful and loyal." Tenants by knights' service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords; and fealty was one of the conditions of their tenure, the breach of which operated a forfeiture of their estates. Brown. Although foreign jurists consider fealty and homage as convertible terms, because in some continental countries they are blended so as to form one engagement, yet they are not to be confounded in our country, for they do not imply the same thing, homage being the acknowledgment of tenure, and fealty, the vassal oath of fidelity, being the essential feudal bond, and the animating principle of a feud, without which it could not subsist. Wharton.

' The oath or obligation of a vassal, under the feudal system, to be faith- "f ul to his lord and defend him against all enemies. 8 The original of the oath of allegiance, g. u. See also Fedd.

[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.