FEO 



FEO 



educated under his immediate inspec- 

 tion, were attached to him as if they 

 had been Vis own offspring, and receiv- 

 ed their lands wben of age, with a deter- 

 mination to defend his interest to the ut- 

 most of their ability, in return for his 

 careful and paternal wardship, which 

 they further demonstrated by a grateful 

 present, on taking possession. The for- 

 mer was called the incident of wardship, 

 and the latter the incident of relief. 



There was also an incident of mar- 

 riage, which was founded upon the same 

 principle as that of reliefs ; this operat- 

 ed to prevent alliances with the family or 

 vassals of inimical chiefs, and induced 

 the lord to find such persons for his 

 wards as would promote his own future 

 advantage. 



The incident of aid is explained by 

 the term; in this case all vassals were 

 compelled to assist their lord, whether 

 his misfortunes were caused by extrava- 

 gance, or losses by war. 



The incident of escheat has been al- 

 ready noticed, and took place upon the 

 default of the vassal in his customary ser- 

 vice. 



It will be observed, that this system 

 depended solely on high conceptions of 

 honour; while the chief made it apparent 

 that he gloried in the fidelity and happi- 

 ness of his vassals, they felt equal pride 

 in supporting his splendour, and in en- 

 deavouring to elevate his consequence 

 beyond that of his neighbour; but when 

 the lord ceased to value the lives and 

 property of his vassals, and made both 

 subservient to purposes of mere ambi- 

 tion and avarice, the feodal system began 

 to tremble to its base ; wardship, instead 

 of being as before mutually advantage- 

 ous, was then rendered the means of 

 filling the coffers of the lord, and the 

 ward was sometimes ransomed, to pre- 

 vent worse consequences: the result is 

 obvious ; the vassals received their inhe- 

 ritance almost exhausted, and viewed 

 the incidents as so many lawless exac- 

 tions, by which they might be stripped 

 of large sums in reliefs, married to whom 

 the lord pleased, purchase the freedom 

 of marrying, or- lose his land if he did 

 neither. The aid which had been given 

 as a tribute of gratitude on the marriage 

 of the eldest daughter of the chief; 

 when his heir received the distinction of 

 knighthood ; or when the lord was made 

 prisoner ; was demanded as a tax on the 

 most trivial pretences : nor were escheats 

 * Confined to real causes of forfeiture ; on 

 the contrary, every venial offence, en- 



tirely out of contemplation in the origi- 

 nal compact, was converted into a crime, 

 and pronounced just reasons for seizure. 

 In this wretched situation, disheartened 

 by oppression, and unable to resist, with- 

 out virtually resigning the whole of their 

 property by that single act, the vassals 

 shrunk from the firm attitude they had 

 assumed in battle, when fighting by the 

 side of a generous chief, into the inert- 

 ness of slaves, who, burning with secret 

 hatred, often committed military errors 

 purposely, equally involving their sove- 

 reign's and their own safety; from this 

 cause knight's service had its origin. See 

 KNIGHT'S sewice. 



FEOFFMENT, in law, may be defined 

 to be the gift of any corporeal purdita- 

 ment to another. He that so gives or 

 enfeoffs is called the feoffer; and the 

 person enfeoffed is denominated the 

 feoffee. But by the mere words of the 

 deed the feoflfment is by no means per- 

 fected. There remains a very material 

 ceremony to be performed, called livery 

 of seisin, without which the feoffee hath 

 but a mere estate at will. Livery in deed 

 is the actual tradition of the land, and is 

 made either by the delivery of a branch 

 of a tree, or a turf of the land, or some 

 other thing, in the name of all the lands 

 and tenements contained in the deed; 

 and it may be made by words only, 

 without the delivery of any thing ; 

 as if the feoffer, upon the land, or 

 at the door of the house, says to the 

 feoffee, "I am content that you should 

 enjoy this land according to the deed." 

 This is a good livery to pass the free- 

 hold. The livery within view, or the 

 livery in law, is when the feoffer is not 

 actually on the land, or in the house, but, 

 being in sight of it, says to the feoffee, 

 " I give you yonder house, or land ; go 

 and enter into the same, and take pos- 

 session of it accordingly :" This livery 

 in law cannot be given or received by an 

 attorney, as livery in deed may ; but on- 

 ly by the parties themselves. A feofF- 

 ment cannot be made of a thing of which 

 livery cannot be given, as of incorporeal 

 inheritances, such as rent, advowson, 

 common, &c.; though it be an advow- 

 son, &c. in gross. A man may either 

 give or receive livery in deed by letter 

 of attorney; for since a contract is no 

 more than the consent of a man's mind 

 to a thing, where that consent or concur- 

 rence appears, it were most unreasonable 

 to oblige each person to be present at 

 the execution of the contract, since it 

 may as well be performed by any other 



