FEUD U M. 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 feudal writers. The earlier English writ ers generally prefer the form feoclum; but the meaning is the same. There was an old er word feum.
Its use by the Normans is exceedingly ob scure. "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. Corn. 212. One which has been possessed by the rela tions 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. Cora. 245.
Feudum francum. A free feud. One which was noble and free from talliage and other subsidies to which the plebeia feuda (vulgar feuds) were subject. Spelman, Gloss.
Feudum Itauberticum. A fee held on the military service of appearing fully armed at the ban and arriere ban. Spelman, Gloss.
Feudum improprium. A derivative fee.
Feudum tindividuum. A fee which could descend to the eldest son alone. 2 Bla. Com. 215.
Feudum laiount. 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 maternum. A fee descending from the mother's side. 2 Bla. Com. 212.
Feudum militare. A knight's fee, held by knight service and esteemed the most honor able species of tenure. 2 Bla. Com. 62.
Feudum no bile. A fee for which the ten ant 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. Coin. 212; Wms. R. P. 126.
Feudum paternum. A fee which the pater nal ancestors had held for four generations. Calvinus, Lex.; Spelman, Gloss. One de scendible 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. 57.
Feud/um 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.
The distinction between feodum antiquum and teodlon novum has had an important bearing upon the law of descent with respect to the admission of collaterals and the exclusion of aecendante. 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. & Malt!. 285.