Feudum

A feud, fief, or fee. A right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military duty, and other services. Spelman. It is not properly the land, but a right in the land. This form of the word is used by the feudal writers. The earlier English writers generally prefer the form feodum, but the meaning is the same.

A feud, fief, or fee. A right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military duty, and other services. Spelman, Gloss. It is not properly the land, but a right In the land. This form of the word is used by the meaning is the' same. There was an older word feum. Its use by the Normans is exceedingly obscure. “Feudal” was not in their vocabulary. Usually it denoted a stretch of land, rarely a tenure or mass of rights. "It came to be applied to every person who had heritable rights in land. Maitl. Domesday Book and Beyond 152. Feudum antiquum. A fee descended from the tenant’s ancestors. 2 Bla. Com. 212. One which has been possessed by the relations of the tenant for four generations. Spelman, Gloss. Feudum apertum. A fee which the lord might enter upon and resume either through failure of issue of the tenant or any crime or legal cause on his part. Spelman, Gloss. 2 Bla. Com. 245. Feudum francum. A free feud. One which was noble and free from talliage and other subsidies to which the plebeia feuda (vulgar feiids) were subject. Spelman, Gloss. Feudum haubertieum. A fee held on the military service of appearing fully armed at the ban and arridre ban.' Spelman, Gloss. Feudum improprium. A derivative fee. Feudum individuum. A tee which could descend to the eldest son alone. 2 Bla. Com. 216. Feudum laicum. A lay fee. Feudum ligium. A liege fee. One where the tenant owed fealty to his lord against all other persons. Spelman, Gloss.; 1 Bla. Com. 367. Feudum matemum. A tee descending from the mother’s side. 2 Bla. Com. 212. Feudum militare. A knight’s fee, held by knight service and esteemed the most honorable species of tenure. 2 Bla. Com. 62. Feuduni nobile. A fee for which the tenant did guard and owed fealty and homage. Spelman, Gloss. Feudum novum. One which began with the person of the feudatory, and did not come to him by descent. Feudum novum ut antiquum. A new fee held with the qualities and incidents of an ancient one. 2 Bla. Com. 212; Wms. B. P. 126. Feudum patemum. A fee which the paternal ancestors had held for four generations. Calvlnus, Lex.; Spelman, Gloss. One descendible to heirs on the paternal side only. 2 Bla. Com. 223. One which might be held by males only. Du Cange. Feudum proprium. A genuine original feud or fee, of a military nature, in the hands of a military person. 2 Sharsw. Bla. Com. 67. Feudum talliatum. A restricted fee. One limited to descend to certain classes of heirs. 2 Bla. Com. 112, n.; 1 Washb. R. P. 66; Spelman, Gloss. collaterals and the exclusion of ascendants. The theory of Blackstone, which Is characterized by both Christian and Pollock & Maitland as “Ingenious,” will be found fully stated In 2 Com. 211, while for a criticism of it and other theories on the subject, see 2 Poll. & Maitl. 286.

In Lat. A feud, fief or fee. A' right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military duty, and other services. Spelman.

— Feudum autiquum. An ancient feud or fief; a fief descended to the vassal from his ancestors. 2 Bl. Comm. 212, 221. A fief which ancestors had possessed for more than four generations. Spelman; Priest v. Cummings, 20 Wend. (N. Y.) 349.

— Feudum apertum. An open feud or fief; a fief resulting back to the lord, where the blood of the person last seised was utterly extinct and gone. 2 Bl. Comm. 245.

— Feudum francuih. A free feud. One which was noble and free from talliage and other subsidies to which the pleleia feuda (vulgar feuds) were subject. Spelman.

— Feudum hau-berticum. A fee held on the military service of appearing fully armed at the ban and arriere ban. Spelman,

— Feudum improprium. An improper or derivative feud or fief. 2 Bl. Comm. 58.

— Feudum individuum. An indivisible or impartible feud or fief; descendible to the eldest son alque. 2 Bl. Comm. 215.

— Feudum ligium. A liege feud or fief; a fief held immediately of the sovereign; one for which the vassal owed fealty to his lord against all persons. 1 Bl. Comm. 367; Spelman.

— Feudum maternum. A maternal fief; a fief descended to the feudatory from his mother. 2 Bl. Comm. 212-

— Feudum uobile. A fee for which the tenant did guard and owed fealty and homage. 'Spelman.

— Feudum novum. A new feud or fief; a fief which began in the person of the feudatory, and did not come to him by succession. Spelman ; 2 Bl. Comm. 212; Priest v. Cummings, 20 Wend. (N. Y.) 349.

— Feodum novum ut antiquum. A new fee held with the qualities and incidents of an ancient one. 2 Bl. Comm. 212.

— Feudum paternum. A fee which the paternal ancestors had held for four generations. Calvin. One descendible to heirs on the paternal side only. 2 Bl. Comm. 223. One which might be held by males only. Du Cange.

— Feudum proprium. A proper, genuine, and original feud or fief; being of a purely military Character, and held by military service. 2 Bl. Comm. 57, 58.

— Feudum talliatum. A restricted fee. One limited to descend to certain classes of heirs. 2 Bl. Comm. 112, note; 1 Washb. Real Prop. 66.

A feud, fief, orfee. A right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military

/. k fief, feud, fee; y.Fee. Feudum antiquum: an ancient fee, one which hath descended to a man from his ancestors, as distinguished from feudum novum, a fee acquired by the man himself. A feudum ut novum antiquum: a new fee granted like an old one, so that it might descend to any of the purchaser's heirs and not be restricted to his issue. At ah early period, all fees were granted in this way; otherwise a feudum novum, though a fee simple, would resemble a fee-tail. Feudum individuum: one which could only descend to_the eldest son. Feudum laicum: a lay fee, as opposed to one held by spiritual service. Feudum ligium: a liege fee, held directly of the Sovereign. Feudum maternum or paternum: one descended from the mother or father. Feudum militare: a military fee. Feudum militis: a knight's fee. Feudum proprium: a proper fief; an original, purely mihtary fee, as distinguished from feudum improprium, a later variety. Feodum simplex: fee simple. Feudum talliatum: fee-tail. Feudum sine investitura uu Uo mode constitui fee Pi. fa. Fieri facias.

Lat. [from Sax. feok, a stipend.] A fief, fee or feud, as it is sometimes translated. Feudum est jus inprmdio alienoin perpetuum utendi fruetidi; quod pro beneficio dofninus dat ea lege, ut qui accipit sibi fdem et militia mumis aliudve servitium exfubeat; a fief is a right of perpetual enjoyment in another's land, which the owner grants out of favor, upon condition that he who receives it shall render to him fealty, and military and other service. Spelman, yoc. Feodum, citing Cvjacius ad Lib. Feud, tit. 1. It is properly not the land itself, but a right in land; (jus in prcedio,) Id, Feudum antiquum; an ancient feud or fief; a fief descended to the vassal from his ancestors. 2 Bl, Com. 212, 221. A fief which ancestors had possessed for more than four generations. Spelmauy voc. Feodum, Feudum aperium; an open feud or fief; a fief resulting back to the lord, where the blood of the person last seised was utterly extinct and gone. 2 Bl. Com. 245. Feudum francum; a free or frank fief or fee. Spelman. Feudum improprium; an improper or derivative feud or fief. 2 Bl. Com. 68. Feudum iudividuum', an indivisible or impartible feud or fief; descendible to the eldest son alone. 2 Bl. Com, 215. Feudum ligium; a liege feud or fief; a fief held immediately of the sovereign; one for which the vassal owed fealty to his lord against all persons. 1 BL Com, 867. Spelman, Feudum matemum; a maternal fief; a fief descended to the feudatory from his mother. 2 Bl, Com. 212. Feudum novum; a new feud, or fief; a fief which began in the person of the feudatory, and did not come to him by succession. Spelmxin, 2 Bl. Com, 2\2. Feudum novum ut antiquum; a new fief held as an ancient one, or with all the qualities annexed to a fief descended from ancestors. 2 Bl, Com, 212. 1 Steph. Com, 384. Feudum patemum; a paternal feud, or fief; a fief descendible only to the heirs by the father*s side. 2 Bl. Com, 243. Feudum proprium; a proper, genuine and original feud or fief; being of a purely military character and held by military service. 2 Bl. Com, 57, 58. Feudum talliatum; a mutilated or truncated fief, or inheritance, from which the heirs general were out off. Craig Jus. Feud, lib. 1, tit. 10, s. 24, 26. 2 BL Com. 112, note (m). Hence the English fee tail, (q. v.) Feudum is the word generally used in the feudal law of the continent of Europe, to denote a feudal estate, as feodum is peculiar to the law gf England. It does not, however, seem to have been applied to these estates until they had become hereditary, (when it was substituted in place of benejicium,) and hence the meaning of an estate of inheritance which has always been attached to it, and the words feodum and fee in English law. See Fee, Feodum, Benejicium, According to Muratori, it does not occur in any charter previous to the eleventh century. 1 Murat, Antiq. Med. ^vi, 594. Dr. Robertson observes that a charter of King Robert of France, A. D. 1008, was the earliest deed in which he had met with it. 1 Rob, Charles V. Appendix, Note viii. Spelman, (voc. Feodum,) remarks that it does not occur in the ancient laws of Lombardy.