Legal Definitions - nomine feudifirmae

Nomine feudifirmae is a historical term from Scots law, meaning "in the name of feu-farm" or "on account of lands held in feu." It refers to actions, payments, or obligations that arise specifically because land is held under a "feu" tenure. A feu was a unique Scottish landholding system where a person (the feuar) was granted land in perpetuity (forever) by a superior, in exchange for an annual payment called "feu-duty" and sometimes other specific conditions, rather than purchasing the land outright. Essentially, this phrase indicates something connected to or arising from this particular type of long-term land ownership.

Here are a few examples to illustrate this concept:

• Imagine a historical estate ledger from 18th-century Scotland. An entry might read: "Received ten shillings from Mr. Alistair MacGregor nomine feudifirmae for his croft."

  This illustrates that the ten shillings received from Mr. MacGregor were not a one-time payment for the land, but rather the annual feu-duty owed specifically because he held his croft under the feu-farm system.

• Consider an old Scottish legal document detailing the transfer of a parcel of land. It might state that the new owner is obligated "to maintain the boundary fence in good repair nomine feudifirmae."

  Here, the phrase clarifies that the duty to maintain the fence is a specific condition attached to the land due to its feu-farm tenure, rather than a general neighborhood agreement or a separate contractual obligation.

• In a historical court record, you might find a case where a superior initiated legal proceedings against a feuar. The claim could be described as being "for the recovery of unpaid feu-duties nomine feudifirmae for the past three years."

  This example shows that the legal action was specifically brought to enforce the financial obligations arising from the feu-farm arrangement under which the land was held, highlighting the direct link between the claim and the tenure system.