a. and sb. [ad. L. fīdūciāri-us, f. fīdūcia: see FIDUCIAL and -ARY. Cf. F. fiduciaire.
In Rom. Law fiducia denoted the transfer of a right to a person subject to the obligation to transfer it again at some future time or on some condition being fulfilled.]
A. adj.
1. a. Of a person: In trust of a person or thing; holding something in trust. Obs. exc. in Rom. Law.
1647. Bury Wills (Camden), 197. I doe acknowledge my selfe to be but a fiduciarie possessor of them vnder God.
1652. Needham, trans. Selden’s Mare Cl., 254. Guthrunus King of the Danes, was at that time setled in Northumberland as a Fiduciarie Client or Vassal to Alfred.
1788. Ld. Bulkeley, in Dk. Buckhm., Crt. & Cabinets Geo. III. (1853), I. 445. The Prince will find a greater difficulty in making a sweep of the present Ministry, in his quality of Fiduciary Regent, than in that of King.
1880. Muirhead, Ulpian, xi. § 5. He who has manumitted a free person, mancipated to him either by a parent or a coemptionator, becomes that person’s tutor after the manner of a patron, and is called a fiduciary tutor.
b. Of or pertaining to a trustee; pertaining to or of the nature of a trusteeship.
Fiduciary coemption (Rom. Law): the formal purchase of a married woman, the purchaser being bound by a ‘fiducia’ to remancipate her to some one of her choice.
1795. Wythe, Decis. Virginia, 17. The Receivers possession is fiduciary.
1846. McCulloch, Acc. Brit. Empire (1854), II. 159. The fiduciary system of the Roman Law, adopted by the clerical chancellors.
1863. H. Cox, Instit., II. viii. 495, note. It is not every fiduciary possession of property which constitutes a trust.
1875. Poste, Gaius, I. § 166. Fiduciary guardianship arises when a free person, mancipated by a parent or by the party to a coemption, is manumitted by the alienee.
1879. Castle, Law of Rating, 71. The persons in actual valuable occupation of property are rateable, though they occupy in a merely fiduciary character.
1880. Muirhead, Gaius, I. § 115 a. Fiduciary coemption was also had recourse to of old to enable a woman to make a will.
2. Of a thing: In trust of a person; held or given in trust.
a. 1641. Spelman, Admiral-Jurisd. (1723), 224. The High Admiral himself cannot grant it for longer than his own time, being but a Trust and fiduciary Power.
1660. G. Fleming, Stemma Sacrum, 41. Scotland was once acknowledged a fiduciary Kingdom to the Crown of England.
1768. Blackstone, Comm., III. 51. About the end of the reign of King Edward III, uses of land were introduced, and, though totally discountenanced by the courts of common law, were considered as fiduciary deposits and binding in conscience by the clergy.
1827. Hallam, Const. Hist. (1876), I. vi. 344. Such fiduciary estates were well known to the Roman jurists.
1884. W. S. Lilly, The Christian Revolution, in Contemporary Review, XLV. Feb., 264. Christianity … regarded authority as limited and fiduciary.
b. Of or pertaining to something held in trust.
1767. Blackstone, Comm., II. 333. The incidents, that formerly attended it [the land] in its fiduciary state.
† 3. Of the nature of, proceeding from, or implying trust or reliance. Obs.
1640. Gauden, Love of Truth (1641), 32. Fiduciary assurance, and the like.
1640. Howell, Dodona’s Gr., 19. Elaiana which can relye no where upon meere love and fiduciary obedience.
1648. Eikon Bas., 80. That fiduciary and fervent application of their spirits (wherein consists the very life and soul of Prayer).
1655. Gurnall, Chr. in Arm., vi. (1669), 88/2. The Christian, when he shews most zeal against sin, and hath greatest victory over it, even then must he renounce all fiduciary glorying in this.
a. 1680. Charnock, Attrib. God (1834) II. 245. It was this attribute edged the fiduciary importunity of the souls under the altar, for the revenging their blood unjustly shed upon the earth.
4. Of a paper currency: Depending for its value on the confidence of the public or on securities.
The Bank of England issue of £16,000,000 on securities is called a ‘fiduciary issue.’
1878. H. H. Gibbs, Corres. in B. Price’s Pol. Econ., 562. It is wholly impossible that a convertible Circulation of fiduciary (or security) notes should ever fall to that point [15 millions].
1880. Manch. Guard., 25 Oct. The system of a fiduciary paper money began in Russia during the Crimean war.
1891. Pall Mall G., 3 Dec., 7/1. The fiduciary issue would then stand at 251/2 millions.
1892. Daily News, 13 Sept., 2/3. The fiduciary currency of the United States.
5. Of or pertaining to a person that is trusted; confidential, rare.
1882. F. Anstey, Vice Versâ, xii. 216. Every right-minded boy ought to feel himself in such a fiduciary position towards his master.
B. sb.
1. One who holds anything in trust; a trustee.
1631. T. Powell, Tom of All Trades, 11. You know they are faithfull fiduciaries in the election.
1821. Scott, Kenilw., xii. I must have your assistance to persuade the good Sir Hugh to make me his commissioner fiduciary in this matter, for it is in his name I must speak, and not in my own.
† 2. One who identifies justifying faith with assurance of one’s own salvation. Obs.
1654. Hammond, Fundam., xiii. 120. The second obstructive, which I shall mention, is that of the Fiduciarie, that having resolved Faith to be the only instrument of his justification.
1684. T. Hockin, God’s Decrees, 359. Some bold Fiduciaries … confidently pretend that their names are certainly written in the Book of Life.
† 3. Something that secures confidence; credentials. Obs.
1593. Abp. Bancroft, Daung. Posit., III. xiii. 106. Let euerie of them deliuer the instructions from their Churches, in the same order that they sit, together with the Fiduciary or Letters of credence of the Churches.
Hence Fiduciarily adv. † (a) trustfully, confidingly (obs.); (b) under the conditions of a trust.
1653. W. Sclater, Fun. Sermon (1654), 31. He really and fiduciarily intended it.
1863. H. Cox, Instit., II. viii. 497. By implication of equity, which has annexed to the fiduciary possession of property a multitude of rules in favour of the persons fiduciarily interested.
