The first of these parties is styled in the law language, as well as in common speech, by the name here given to him. As to the law phrase, it is antiquated French, and though complex, it is still elliptical, and to the highest degree obscure. In a particular case a cestuy que trust is called by the Roman law, fidei-commissarius . In imitation of this, I have seen him somewhere or other called in English a fide-committee . This term, however, seems not very expressive.
Good faith seems to consist in the keeping of a promise.
But a trust may be created without any promise in the case. It is indeed common enough to exact a promise, in order the more effectually to oblige a man to do that which he is made to promise he will do. But this is merely an accidental circumstance. A trust may be created without any such thing. A command, express or virtual, together with punishment appointed for the breach of it.