Question — Bontempi, Palladium Theologicum V · from Schola Thomistica

Question III: What a fief is, and of how many kinds

English · Latin · Both

1.

A FEUD, named from fides (faith), is the grant of an immovable thing with the translation of the useful dominion, the proprietorship retained, under the burden of exhibiting fidelity and personal service: by which reason it differs from Emphyteusis.

2.

He who grants the feud is the Lord of the feud: he who receives it, however, is the Feudatory. Or he is called a Vassal, as D. Bonaventure notes in the Diaeta, titulo 2. cap. 5.

3.

ONE feud is proper, another improper: one noble, another not ennobling; the noble one, one regal, another not. One is called Liege, in which fidelity is sworn against every man: another not Liege, ligium, in which the prior lord is excepted. One is frank, another not frank, from services. One Ecclesiastical: another secular.

4.

FOR a feud the same conditions are required as for an Emphyteusis, except that the Vassal, where the feud is pure, is not bound to a rent, but in place of the rent to service, which, omitting it when it is required, he loses the feud. Fidelity, moreover, is sworn to the Lord, as is had in Sylvester, verb. Feudum: not to harm the lord, nor to divulge his secrets.

5.

THE Vassal, however, is bound to seek the investiture of the feud within a year and a day, provided, however, that if he be a knight, he has a year and a month; or if he be under 14 years of age, or impeded by a just cause: See Tanner, disp. 4. quaest. 7. dub. 6. Balzus, v. Feudum and the others cited by these.