Page images
PDF
EPUB
[ocr errors]

of estate is derivable thereout, and mergeable is omitted, for the words "his or her heirs" will therein, for omne majus continet in se minus. operate as words of limitation on all the precedIt may be enjoyed not only in land, but also in ing words in the sentence.-4 T. R. 39. The advowsons, commons, estovers, and other here- Common Law adopted this strict and necessary ditaments as well as in personalty as an annuity rule to rebut the presumption of the grant being or dignity, and also in an upper chamber, though but a life-freehold, and also to avoid uncertainty the lower buildings and soil belong to another. -the mother of contention. And so far has this A fee-simple generally (5 Rep. 115) is pure, prescriptive rule been carried that the word without condition and unrestrained, except by heirs," in the plural number, was held by Lord the laws of escheat, and the canons of real-pro- Coke (Co. Litt. a) essential, and a conveyance perty descent. Noy, in his Treatise on Tenures, to A. and his heir" in the singular number p. 65, says: "This estate can never perish, so vested in A. a life-freehold only; because it was long as the substance, whereof the estate ariseth, contended the heir cannot take a fee-simple by hath a being. And, therefore, albeit that he descent, as he is but one, and, therefore, in such which is seised of such estate, happen to die case, cannot take anything. But the term "heir" without heir, yet the same estate is not extin- is a nomen collectivum, operating similarly as guished, but, by act in law, in some other de- heirs in the plural number. Perhaps a limitagree, transferred to the lord of whom the lands tion to A. and his heir would be ruled by the were holden by way of escheat; because the courts, in the present day, as conveying a feeland, wherein the tenant hath such estate, doth simple.-Dubber dem. Trollope v. Trollope, Amb. still continue. But, if a man seised in fee of a 453. See, however, Bayley v. Morris, 4 Ves. 794. rent-charge or rent-seck, dieth without heir, this The word "heir" in the singular number only is fee-simple, although it be of the first sort, doth a word of purchase, and not of limitation.-Gilperish; because the rent wherein he hath estate, bert on Uses, p. 24; 2 Prest. Est. 8. A limitation being transitory, is, by such dying without heir, to " A. and heirs," omitting "his," will pass but quite swallowed up and drowned in the land out an estate for life, on account of its uncertainty. of which it did issue." It is not, however, con--Plowd. 28. But in the following cases, a feefined to any particular line or species of heirs, but descends to the owner's heirs general, whether lineal or collateral, paternal or maternal, male or female, born or unborn.

Littleton, in his Tenures (s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:

simple will pass without the word "heirs:" (1.) By creation of nobility by writ, which of itself ennobles the blood to a man and his lineal heirs, unless the writ otherwise limit it; the creation of nobility by patent, however, gives no inheritance without proper words. (2.) In gifts that take effect by the reference; as if A. give land to B. and his heirs, and then B. grant to A. as fully as A. had before granted to him.

coparcener grants a rent to the other, for equality or owelty of partition, a fee-simple in the rent will pass without the word "heirs," for the rent is substituted for the fee.

A person who holds "in fee simple is he which hath lands or tenements to hold to him and his (Chambers on Estates, 31.) (3.) Where one heires for ever. And it is called, in Latin, feo- coparcener or joint-tenant release all right to dum simplex, for feodum is the same that inhe- another, for words of inheritance are not necesritance is, and simplex is as much as to say law-sary in a release of a right; and (4.) Where one ful or pure. And so feodum simplex signifies a lawful or pure inheritance. For, if a man would purchase lands or tenements in fee-simple, it behoveth him to have these words in his purchase, to have and to hold to him and to his heires: for these words (his heires) make the estate of inheritance. For, if a man purchase lands to have and to hold for him for ever; or by these words, to have and to hold to him and his assignes for ever in these two cases he hath but an estate for term of life, for that there lack these words (his heires), which words only make an estate of inheritance in all" transfers, inter vivos.

This estate may be created by agreement or act of parties, evidenced either by a deed or will.

In a deed the word "heirs" is so absolutely necessary either expressly or by direct and immediate reference to constitute a fee or inheritable estate, that not even a synonymous term nor any periphrasis or circumlocution, will have that effect, how clear soever the intent of the parties using such language may be. But such a sentence as this: "to the use of all and every, the child, and children, share and share alike, if more than one, as tenants in common and not as joint-tenants, and if but one child, then to such only child, his or her heirs and assigns for ever," will pass the fee-simple to all the children, notwithstanding the word "their"

In practice the phrase universally adopted in the designation-clause of deeds, in order to transfer a fee-simple absolute, is-" to A., his heirs and assigns, for ever."

The word "assigns" is not material, and may be omitted, for it gives no other privilege to the owner than that which the law itself confers upon him by virtue of his estate, as entitling him to alien or transfer it; and the phrase "for ever" not being limitary but simply declaratory of the time during which the property shall be enjoyed, may also be omitted in the conveyance.

It must be remarked that the word "successors" is the proper term to be used in transfers to corporations sole, it corresponding to the word "heirs." In every conveyance, then, of a feesimple or perpetual estate to a bishop, rector, or any other corporation sole, other than the queen, the word "successors" is as necessary as the word "heirs" in a grant to a private person. But in transfers to the queen or to corporations aggregate, as the head and fellows of a college, a dean and chapter, the mayor and commonalty of a city, &c., neither "successors” nor “heirs," nor any other word of perpetuity is requisite, because they never die as such, but enjoy a kind

of legal immortality; nor is it necessary in the case of a corporation sole, when the grant is made to it by its corporate or collective name, as a grant to the church of A.-1 Atk. 437. This stern and inflexible rule is now wisely confined to formal deeds, which are duly deliberated upon and weighed as to the precise and technical effect of the language inserted in them before they are executed by the parties thereto. In wills, however, which are frequently written and signed, without counsel and without proper deliberation, and often during an unanticipated malady, and amidst the consternation of a sick chamber, the law relaxes this iron principle, declaring (1 Vict. c. 26, s. 28), "that after 1st January, 1838, where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee-simple, or other the whole estate or interest which the testator had the power to dispose of by will in such real estate, unless a contrary intention should appear by the will."

c. 110; 2 & 3 Vict. c. 11; 2 & 3 Vict. c. 60 ; and 11 and 12 Vict. c. 87) after the unexempted personalty has been exhausted.

(f.) It escheats to the lord of the manor for want of heirs, except in the case of persons having the legal estate, as trustees or mortgagees, in pursuance of 13 & 14 Vict. c. 60, s. 46, which act also prevents the forfeiture of such estates, by reason of the attainder or conviction for any offence of a trustee or mortgagee.

(g.) It is forfeitable for treason of the beneficial owner to the Crown absolutely; for murder, to the Crown during a year and a day, and then to the lord of the manor absolutely; for other felonies to the Crown, during a year and a day, and then the lord takes the profits during the felon-owner's life, who still retains the legal estate, which upon his death devolves upon his heir-at-law, unless the offender have otherwise disposed of the estate in reversion expectant on his decease.-1 Cru. Dig. 63. The forfeiture relates back to the commission of the crime, so

transfers of, and charges upon the estate.[Kent's Com.; Williams on Real Property by Rawle.]

It will be advisable, however, notwithstanding as to shut out and make void all intermediate this wholesome statutable provision, to introduce into wills, more especially when they are prepared by a professional man, the technical words which are absolutely indispensable in the case of deeds, so as to express with certainty the testator's intention respecting the quantity of estate

which he desires shall be devised.

The attributes or incidents, rights and privileges of this estate are the following:

(a.) An uncontrollable power of alienation, whether by deed, gift or will; and, whether of the whole or part of the estate. This power may be partially limited thus: a condition that the tenant shall not alien to a given person or any of his heirs; or a devise in fee to A. and B. on condition that they shall not alien to any but sisters or their children (Litt. s. 361; 4 East, 173; 3 Ves. 324), or for a given time.

A new kind of inheritance cannot be created, for if one convey an estate to A. and his heirs male, or to A. and his heirs female, the word "male" or "female" is to be rejected, and A. will have the estate to him and his heirs generally.-Litt. s. 31. So a grant to A. and his heirs on the part of his mother, will descend to his heirs on the part of his father, and the phrase italicized rejected.

Inheritable offices of personal trust, dignity, or foundership cannot be alienated.

(b.) If the owner die intestate, it descends to his heirs general, male or female, lineal or collateral, according to the canons as settled by 3 & 4 Wm. IV. c. 106, except the estate be subjected to gavelkind, borough-English, or copyhold customs, when the particular custom vacates the general law, for consuetudo loci observanda est (6 Rep. 67).

(c.) It is subject to the curtesy of a husband, and the dower of a wife, as the case may be, provided the right of the former be consummated by the necessary stipulations having been perfected, or that of the latter have not been

barred.

(d.) The owner has an uncontrollable power

of waste over it.

(e.) It is liable to all the owner's debts (1 Wm. IV. c. 47; 3 & 4 Wm. IV. c. 104; 1 & 2 Vict.

FEE-TAIL. See TAIL.

in the administration of justice, as a recompense FEES, certain perquisites allowed to officers for their labor and trouble, ascertained either

by acts of Parliament, by rule or order of court, or by ancient usage. As to Common Law fees, see 2 Chit. Arch. Prac. by Pren. 1693; and in Equity, see Smi. Ch. Pr. 842. Fees in Chancery are paid by means of stamps.-15 & 16 Vict. c.

87, s. 8.

The fees of the steward of a manor are regulated entirely by custom, and a customal or list of fees to be taken, under every circumstance, is generally handed down from steward to steward. When the steward charges enormously, the copyholder may bring an action on the case, to recover the excess, and it has been suggested that an indictment would lie for extortion colore officii. The fees of the steward of a manor who is a solicitor, but acts in the character of a steward only, are not taxable under 6 & 7 Vict. c. 73, s. 37. In transactions where these fees are large or numerous, a special agreement is generally made between all parties.-Allen v. Aldridge, 5 Beav. 401.

FEIGNED ACTION. See FAINT ACTION. FEIGNED DISEASES, simulated maladies. Diseases are generally feigned from one of three causes-fear, shame, or the hope of gain. Thus the individual ordered on service will pretend being afflicted with various maladies, to escape the performance of military duty; the mendicant, to avoid labor and to impose on public or private beneficence; and the criminal, to prevent the infliction of punishment. The spirit of revenge, and the hope of receiving exorbitant damages, have also induced some to magnify slight ailments into alarming illnesses. On this subject, Foderé (vol. ii. p. 452) observes, at the time when the conscription was in full force in France, "that it is at present brought to such perfection, as to render it as difficult to detect a feigned disease as to cure a real one."

Zacchias has given five general rules for the detection of feigned diseases :

(1.) That inquiry should be made of the relatives and friends of the suspected individual as to his physical and moral habits, and as to the state of his affairs, and what may possibly be the motive for feigning disease-particularly whether he is not in immediate danger of some punishment, from which this sickness may excuse him. (2.) Compare the disease under examination with the causes capable of producing it; such as the age, temperament, and mode of life of the patient.

(3.) The aversion of persons feigning disease to take proper remedies. This, indeed, will occur in real sickness; but it rarely happens when severe pain is present.

(4.) Particular attention should be paid to the symptoms present, and whether they necessarily belong to the disease.

(5.) Follow the course of the complaint, and attend to the circumstances which successively occur.-Beck's Med. Jurisp. ch. i. For a table of feigned diseases, see Dung. pp. 379-383. [Mental Unsoundness" in Wharton & Stille's Med. Jurisp.]

FEIGNED ISSUE, a proceeding whereby an action is supposed to be brought by consent of the parties to determine some disputed right, without the formality of pleading, saving thereby both time and expense. It may be ordered either by a court of law or equity, or by a judge under the interpleader act, 1 & 2 Wm. IV. c. 58. The 8 & 9 Vict. c. 109, s. 19, after reciting that many important questions are now tried in the form of feigned issues, by stating that a wager was laid between two parties interested in respectively maintaining the affirmative and the negative of certain propositions; but that such questions may be as satisfactorily tried without such form, enacts, that in every case where any court of law or equity may desire to have any question of fact decided by a jury, it shall be lawful for such court to direct a writ of summons to be sued out by such person or persons as such court shall think ought to be plaintiff or plaintiffs against such person or persons as such court shall think ought to be defendant or defendants therein, in the form set forth in the second schedule to the act annexed, with such alterations or additions as such court may think proper; and thereupon all the proceedings shall go on and be brought to a close in the same manner as is now practised in proceedings upon a feigned issue.

FELLOW-HEIR, co-heir; partner of the same inheritance.

FELO DE SE (a felon of himself), a self-murderer; one who feloniously commits self-slaughter. The barbarous mode of burying such persons is abolished: the only legal consequences of the crime are now forfeiture and deprivation of Christian rites.-4 Geo. IV. c. 52, s. 1. FELON (fr. felon, Fr., felo, low Lat., fel, Sax.), one who has committed a capital crime. Felonia implicatur in qualibet proditione. 3 Inst. 15. (Felony is implied in every treason.) Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum. Litt. 391. (Felony, by force of the term, signifies some capital crime perpetrated with a malignant mind.)

Co.

FELONIOUS HOMICIDE, killing a human creature without justification or excuse. It is of two kinds: (1.) Killing one's self, or felo de se. (2.) Killing another. [Wharton's Criminal Law.]

FELONY (fr. félonie, Fr., felonia, Lat. ; some deduce it fr. pros, Gk.. a deceiver, fr. fallo, Lat., to deceive; Spelman derives it fr. the Teutonic or German fee, a fieu or fief, and lon, price or value). In its original signification it meant the penal consequences resulting from the commission of certain offences, i. e. the forfeiture of the offender's lands and goods at Common Law, but in modern times it imports the offence itself. See 1 Mill's Log. 40, note.

FEMALE-LABOR, the 5 & 6 Vict. c. 99 altogether prohibits the employment of women and girls in mines and collieries after 1st of March, 1843, under heavy penalties.

FEME, or FEMME, a woman.
FEME-COVERT, a married woman. See
COVERT-BARON.

FEME-SOLE, an unmarried woman.
FEMICIDE, the killing of a woman.

FENCE, a hedge, ditch, or other inclosure of land for the better manurance and improvement of the same.

FENCE-MONTH or DEFENCE-MONTH, a time during which deer in forests do fawn; and their hunting is unlawful. It begins fifteen days before Old Midsummer, and ends fifteen days after it.-Manw. pt. 2, c. 13.

FENERATION (fr. fœneratio, Lat.), usury; the gain of interest; the practice of increasing money by lending.

FENGELD, a tax or imposition, exacted for the repelling of enemies.

FEOD, or FEUD, the right which the vassal had in land, or some immovable thing of his lord, to use the same and take the profits thereof, rendering unto the lord such duties and services as belonged to the particular tenure; the actual property in the soil always remaining in the lord. a-Spelm. Feuds and Tenures.

This enactment is an enabling and not a compulsory one, and, therefore, feigned issues may still be stated in the form of wagers between the plaintiff and defendant, as they used to be before the act. 1 Chit. Arch. Prac. by Pren. 855.

FELAGUS, a companion, but particularly friend who was bound in the decennary for the good behavior of another.

FELD, field; in composition, wild.—Blount. FELE, or FEAL HOMAGERS (fr. fai, Sax., fides, Lat.), faithful subjects.

FELLOW (quasi, to follow, Minshew; fr. fe, Sax., faith, and lag, bound, Junius; fallow, Scot.), a companion; one with whom we consort; a member of a college or corporate body.

FEODAL, of or belonging to the feod or

feud.

FEODAL SYSTEM. See FEUDAL SYSTEM. FEODALITY, fealty. See FEALTY. FEODARY, or FEUDARY, an officer of the court of wards, appointed by the master of that court under 32 Hen. VIII. c. 26, whose business it was to be present with the escheator in every county at the finding of offices of lands,

and to give in evidence for the king, as well concerning the value as the tenure; and his office was also to survey the land of the ward, after the office found, and to rate it. He also assigned the king's widows their dower; and received all the rents, &c. Abolished by 12 Car. II. c. 24.

FEODATORY, or FEUDATARY, the tenant who held his estate by Feudal service.

Feodum est quod quis tenet ex quâcunque causâ, sive sit tenementum sive redditus. Co. Litt. 1. (A fee is that which any one holds from whatever cause, whether tenement or rent.) Feodum simplex quia feodum idem est quod hæreditas, et simplex idem est quod legitimum vel purum; et sic feodum simplex idem est quod hæreditas legitima vel hæreditas pura. Litt. s. 1. (A fee-simple, so called because fee is the same as inheritance, and simple is the same as legitimate or pure; and thus fee-simple is the same as a legitimate inheritance, or pure inheritance.

Feodum talliatum, i. e. hæreditas in quandam certitudinem limitata. Litt. s. 13. (Fee-tail; that is an inheritance limited in a definite descent.) FEODUM. See FEOD.

FEODUM, or FEUDUM ANTIQUUM, a feud which devolved upon a vassal from his intestate ancestor.

(5.) The freehold must not be put in abey ance or expectancy, but must take effect in præsenti.

(6.) The livery of seisin may be by the feoffor or his attorney going upon the land, and giving to the feoffee or his attorney a clod, branch, or turf, or of a house the knocker, ring, or latch of the door, in the name of seisin of all the lands and tenements contained in the deed or charter of feoffment. This is called livery in deed. The attorney (if any) must be appointed by deed, and if the feoffment be by deed-poll, the letter of attorney may be contained in it, and so, if it be by indenture, but the attorney should then, it has been said, be a party to it.

There is another kind of livery which is within view or in law, when the feoffor or feoffee not being upon the land, or in the house, the livery is given of yonder property, whereupon the feoffee must make entry on it. This livery can neither be made nor received by attorney.

(7.) When a particular estate for years and a freehold remainder are created at the same time, the livery in deed must be given to the lessee for years, the freehold then commences in præsenti, though to be enjoyed in futuro.

(8.) A memorandum that livery of seisin was given should be indorsed on the feoffment, although it will be presumed to have been given, when not indorsed, where the possession has been enjoyed for 20 years according to the tenor

FEODUM LAICUM, a lay-fee. FEODUM MILITIS, a knight's fee. FEODUM, or FEUDUM NOVUM, a feud of the feoffment, or it may be proved by parol acquired by a vassal himself.

FEOFFEE, one put into possession. FEOFFEE TO USES, the person in whom, before the Statute of Uses, the legal seisin or feudal tenancy of the land was vested, the substantial and beneficial ownership or use being in the cestui que use. The statute destroyed the estate of the feoffee to uses, and conveyed the possession to the cestui que use, who has now the legal estate, his use being executed by the statute.

FEOFFER, one who gives possession of any thing.

FEOFFMENT (fr. feoffare, to give a feud), a deed (29 Car. II. c. 3, s. 1, and 8 & 9 Vict. c. 106, s. 3) evidencing and explaining the transmuting of the possession of a freehold estate, the transmutation being effected by a ceremony technically called livery of seisin.

The incidents to this assurance are:(1.) The feoffor or person conveying must have actual seisin or possession of the freehold to be conveyed. But if a lessee for years be possessed, the feoffor may nevertheless enfeoff the feoffee with the freehold, if the tenant will give his consent to it, and such consent will not operate as a surrender or forfeiture of the lease.

(2.) The feoffee must be capable of taking by feoffment, and must not have the actual seisin already therefore, one joint tenant cannot convey his share of the freehold to his companion by feoffment, since he is seised per my et per

tout.

:

(3.) The appropriate operative verbs are, "give, grant, and enfeoff."

(4.) The estate must be either a freehold in possession or expectant upon a chattel interest.

evidence, and equity will supply the want of it, where the deed was made for a good or valuable consideration.

(9.) Estoppel operates upon a feoffment so far as to bind the feoffor's estate during his own life.

(10.) A feoffment was a tortuous conveyance, i. e. if a person attempted to convey by it a greater freehold than he had, he forfeited the estate of which he was seised; but now it is a rightful (droiturel) or innocent conveyance, transferring only the estate which the feoffor can lawfully convey, being void pro tanto the excess, and so operating no forfeiture.-8 & 9 Vict. c. 106, s. 4.

FEOFFMENT TO USES. A feoffment is a conveyance at the common law, so far as it conveys the land to the feoffee; if it is directed to operate to, or to the use of the feoffee, it has no other operation than at the common law: but if it is directed to operate to the use of any other person, then, though it be a common law conveyance, so far as it conveys the land to the feoffee, it derives its effect from the Statute of Uses, so far as the use is limited by it to the person or persons in whose favor it is declared. Thus, if A. be desirous to convey to B. in fee, he may do so by enfeoffing a third person, C. (of course, with livery of seisin), to hold to him and his heirs to the use of B. and his heirs; the effect of which will be to convey the legal estate in fee-simple to B. For, since the Statute of Uses, the legal estate passes to the feoffee by means of the livery, as it would have done before; but no sooner has this taken place, than the limitation to uses begins to operate, and C. thereby becomes seised to the use defined or limited; the consequence of which is, that by force of the

legislative enactment the legal estate is eo instanti taken out of him, and vests in B., for the like interest as was limited in the use, that is, in fee-simple. B. thus becomes the legal tenant as effectually as if the feoffment had been made to himself, and without the intervention of a trustee. This method is not much practised, in consequence of the livery of seisin.-2 Sand. Uses and Trusts, 13; Watk. Conv. 288. FEOFFOR. See FEOFFER.

FEOH, or FIOH, cattle; money. FEORME, a certain portion of the produce of the land due by the grantee to the lord according to the terms of the charter.

FERÆ NATURÆ, beasts and birds that are wild, in opposition to the tame; such as foxes, wild-geese, and the like, wherein no man may claim a property, unless under particular circumstances, as where they are confined or made tame, &c.

FERDELLA TERRE, a fardel-land; ten acres; or perhaps a yard-land.

FERDINGUS, apparently a freeman of the lowest class, being named after the cotseti.Anc. Inst. Eng.

FESTUM STULTORUM (the feast of fools). FEU, or FEW, a free and gratuitous right to lands, made to one for service to be performed by him, according to the proper nature thereof. Feu, in Scotland, means vassal-tenure, in contradistinction to wardholding, or military tenure.— Scotch Law.

FEU, or FEW ANNUAL, the rent due by the reddendo of the property of the ground, before the house was built within burgh.-Ibid. FEUD. See DEADLY FEUD. FEUDAL. See FEODAL.

FEUDAL SYSTEM, that scheme of tenure which the Conqueror perfected in this country, thereby displacing the Saxon laws of property, and which was the chief institution of the middle ages. See TENURE.

While the principles of realty are for the most part of feudal derivation, the rules concerning personalty are brought from the civil law, or the law of nature. Sir Robert Chambers, in his Treatise on Estates and Tenures, epitomizes the history of the Feudal System as follows:

The duration of the feudal law has by some writers been fancifully enough distinguished into four ages :

FERDWIT (fr. ferd, Sax., army, and wite, punishment), quit of manslaughter committed in the army; also a fine imposed on persons for (1.) In its infancy, the lands given to the solnot going forth in a military expedition.-diers, which were not yet called feuds, and perCoxel. haps had no general denomination, were held by the mere will and pleasure of their lord.

FERIÆ, holidays; generally speaking, days or seasons during which free-born Romans suspended their political transactions and their law suits, and during which slaves enjoyed a cessation from labor.-Cic. De Leg. ii. 8, 12. All feriæ were thus dies nefasti.

All feria were divided into two classes.feriæ publicæ and feria privata. The latter were only observed by single families or individuals, in commemoration of some particular event, which had been of importance to them or their ancestors.-Smith's Dict. Antiq.

FERLING, the fourth part of a penny; also the quarter of a ward in a borough.-Old Re

cords.

FERLINGATA, a fourth part of a yard

land.

FERM, or FEARM, a house and land let by lease.

FERMARY, an hospital. FERMIER, one who farms any public revenue in France.

FERMISONA, the winter season for killing

deer.

FERNIGO, a piece of waste ground where ferns grow.

FERRETS, animals which are not the jects of larceny.

FERRIAGE, the fare paid at a ferry.
FERSPEKEN, to speak suddenly.
FESANCE, an act.

(2.) The second age began when some regard was had to descent. It is supposed, that at first the son of a tenant was put into possession of his father's land, not, as having a better right, but as being naturally more known and more favored than a stranger. What was reasonable by degrees became customary, and when the son without any cause alleged was excluded, the lord was considered as exercising summum jus, as acting unkindly, though not illegally. In time the advantages of a more certain settlement were discovered, and grants were made to a tenant and his sons. These grants were however interpreted in their most literal rigor.

(3.) In the third age those possessions which, while they were granted only for life, or at most with very strict limitations, had been termed beneficia, began to be made indefinitely inheritable, and took the name of feuds. The succession to a feud was for some time strictly lineal.

The three periods of the feudal law which have been mentioned are called its infancy, childhood, and youth.

(4.) Then commenced its fourth age or matusub-rity; the order of descent was settled, collateral relations were admitted to inheritance, the reciprocal obligations of lord and tenant were fully understood, and some princes, the first of whom was the Emperor Conrad the Second, had published edicts in writing for regulating feudal successions.-Craig. Feud. lib. passim.

Festinatio justitiæ est noverca infortunii. Hob. 97. (Hasty justice is the stepmother of misfortune.)

FESTING-MEN. See FASTING-MEN. FESTING-PENNY (fr. festnian, Sax., to confirm), earnest given to servants when hired or retained in service.

FESTINUM REMEDIUM, prompt redress.
FESTUM (a feast).

About a century after the Conquest the feudal law received its completion by the book De Feudis, now appended to the body of the civil law, and compiled in the time of Frederic the First. This book comprises some decretal epistles of popes and some edicts of emperors, with the opinions and decisions of feudal law

« PreviousContinue »