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land or real estate; nor is his wife barred of her dower. If a man and his wife are possessed of a term, and the man commit suicide, the term is forfeited, and the wife shall not have it by survivorship. The Coroner must find the fact upon an inquest, on view of the body, in order to vest the goods in the king.

This law is, in our opinion, hard and unjust if a man is determined to commit suicide, human laws can have no hold upon him: and the cruelty of punishing the descendant for the act of the father is so generally acknowledged, that where the party has any thing to forfeit, it is either found lunacy, or the crown gives up the forfeiture upon petition. The further punishment of a felo de se is, to be buried in a highway, and a stake run through the body. This being never practised but upon the poor, is become merely an odious distinction. The law of the Romans seems more reasonable, which only forfeited the estate, where the party killed himself to avoid punishment for a crime.

FELONY, in the general acceptation of law, comprises every species of crime which occasions, at common law, the forfeiture of land or goods. The punishment of a person for felony, by our ancient books, is 1st, to lose his life; 2dly, to lose his blood, as to his ancestry, and so to have neither heir nor posterity; 3dly, to lose his goods; 4thly, to lose his Lands; and the King shall have year, day, and waste, to the intent that his wife and children be cast out of the house, his house pulled down, and all that he had for his comfort and delight destroyed. A felony by statute, incidentally implies, that the offender shall be subject to the like attainder and forfeiture, &c., as is incident to a felon at common law. This is now the punishment in case of a capital felony only; but for some offences, benefit of clergy is allowed, when the offence is punished only with transportation, imprisonment, &c. which are called felonies with benefit of clergy; but the goods and estate of the felon are forfeited as in cases of capital felony.

FELT, in commerce, a sort of stuff, deriving all its consistence merely from being fulled, or wrought with lees and size, without either spinning or weaving. Felt is made either of wool alone, or of

wool and hair.

FELTING, the method of working up hair or wool into a species of cloth, independently of either spinning or weay.

ing. A hatter separates the hairs from
each other by striking the wool with the
string of his bow, causing them to spring
up in the air, which fall on the table in
every direction, which is covered by the
workman with cloth, pressing it with his
hands, and moving the hairs backwards
and forwards in different directions. In
this manner the hairs are brought against
each other, and their points of contact
considerably multiplied, and the agitation
gives each hair a progressive motion to-
wards the root, in consequence of which
the hairs become twisted together. As
the mass becomes compact, the pressure
should be increased, in order to keep up
the progressive motion and twisting of
the hairs, which is then performed with
greater difficulty. The hair intended for
the manufacturing of hats is always cut
off with a sharp instrument, and not pull-
ed out by the roots, because the bulb of
the hair, which would come out with it,
in the latter case, would render the end
which was fixed in the skin very obtuse,
and nearly destroy its disposition to unite
with the adjacent hairs. The hairs should
not be straight like needles, for then there
would be no compactness in the stuff.
The fibres of wool having naturally a
crooked form, that substance is well
adapted to the operation of felting. The
hair of beavers, rabbits, hares, &c. being
straight, cannot be used in felting, till it
has been prepared for the purpose.

FEMME Covert, in law, a married woman; so called from being under the cover, protection and influence of her husband.

FEMME sole, in law, a single or unmarried woman.

FEMME sole trader, a married woman, who, by the custom of London, trades on her own account, independent of her husband; who, by the same custom, is answerable for her own debts, and may be made a bankrupt.

FEMININE, in grammar, one of the As there are but two genders of nouns. sexes, so in fact, there can be but two genders.

The feminine gender serves to intimate that the noun belongs to the female. In Latin, the feminine gender is most commonly distinguished by the article hæc, as it is in the Greek by the article. In the French, the article la commonly denotes this gender, but we have no such distinction by articles in the English language.

FEMINEUS, flos, a female flower. By

this name Linnæus denominates a flower which is furnished with the pistillum, or female organ of generation, but wants the stamina or male organ. Female flowers may be produced apart from the male, either on the same root, or on distinct plants. The birch and mulberry are examples of the first case; willow and poplar of the second. Male and female flowers separated on the same plant constitute the class Monoecia of Linnæus; separated on distinct roots, the class Dioecia.

FEN, a place overflowed with water, or abounding with bogs; the term is also applied to such boggy lands as are naturally disposed to produce coarse vegetables, from the retention of water. In many parts of the kingdom, since the introduction of a laudable spirit of improvement in agriculture, much valuable land has been redeemed both in England and Ireland from bogs and fens. There are, however, vast tracts of land of this kind still in different districts, in Lincolnshire, Lancashire, Cambridgeshire, and the West of England. In short, there are but few counties without them, which, by proper inclosing, draining, pairing and burning, and the growth of suitable crops, might be rendered highly valuable; but which at present afford little except reeds, sedge, or rushes and coarse grass. FENCE, in country affairs, a hedge, wall, ditch, bank, or other inclosure made around gardens, woods, corn-fields, &c. See AGRICULTURE.

FENCING, is the manner of attacking an adversary with the sword, and defending the person from his thrusts. It is necessary in acquiring this difficult art to use foils, or small thin swords, which being blunted at the points, and bending readily, prevents accidental wounds. The gladiators, who were compelled to sacrifice their lives for the amusement of the Romans, received instructions in the use of the sword, in order to lengthen the diversion of their cruel masters, who were fearful that sudden rage might otherwise prompt an abrupt termination of the combat. Kennet says, "Before the combatants fell to it in earnest, they tried their skill against one another with more harmless weapons, as the rudes, and the spears without heads, the blunted swords, the foils, and such like." To this Cicero admirably alludes, "If in the mortal combats of the gladiators, where the victory is decided by arms, before they actually engage, there are several flourishes given, more for a shew of art than a design of

hurting; how much more proper would this look in the contention of an orator."

Fencing was indispensable to almost all ranks of people, long after armies had ceased to use swords in the field of battle, through the absurd fashion of wearing side-arms; when men of turbulent dispositions might have immediate recourse to weapons, it became necessary for the peaceable citizen to learn the best mode of defence, that he might not perish for an offence which would end at present in altercation. During the long period this suppossed ornament of the person was worn, numerous masters brought the art of using it to great perfection: but the French appear to have excelled every other nation in fencing, which may be attributed in a great measure to the physical properties of their bodies. Their teachers and their imitators have, therefore, been loud in its praises, asserting that the art should be taught in every polite academy, that the figure may be formed into complete grace by the active movements of the limbs and body in every possible position.

The professors divide fencing into twe parts, which they distinguish from each other, by terming the first simple, and the second compound; the first they perform instantaneously and actively on the same line, either on the offensive or defensive. The principle on which they act, in this instance, is to push or make passes in any direction, to strike the least guarded part of the adversary, at the same time endeavouring to parry his thrusts.

Compound fencing consists of every description of feint appeals, entangling of foils, slashing, half thrusts, &c. contrived to distract the attention of the enemy, and thus suddenly and unexpectedly to reach that spot, which he skilfully defends in simple fencing; but the utmost care must be used to push at the proper moment when parrying.

FEND, in the sea language, imports the same as defend: thus fending the boat, is saving it from being dashed to pieces against the rocks, shore, ship's sides. And hence,

FENDERS are pieces of old hawsers, cable-ropes, or billets of wood, hung over the ship's sides, to keep other ships from rubbing against and injuring her.

FENNEL. See ANETHUM.

FEODAL, or feudal, system. This system originated from an assumed right obtained by conquest. When the Roman empire began to decline, and that government became too feeble to support

its most distant possessions, the Celtic
nations, taking advantage of the reduced
state of their various military posts,
marched in such numbers through the
southern parts of Europe, that opposition
was deemed vain, and these northern
hordes of Lombards, Franks, Huns,
Goths, and Vandals, conquered them
without difficulty. Acting upon their
previous policy, they immediately in-
troduced the military practice they had
adopted towards their enemies, which
was the general confiscation of land to
the use of the most powerful chiefs;
those, for obvious motives, distributed
portions to enterprising subordinates, and
even to the common soldier who had
earned laurels in their predatory wars.
The grants thus made were conditional,
and called feoda, feuds, fiefs, or fees,
which words imply the receipt of a re-
ward given for past, and to secure future
services; it might, indeed, be considered
an actual sale of the person for military
purposes, and the bargain became void,
by the land reverting to the first posses-
sor, if the party refused to march, or fled
from his chief in battle; but this, or simi-
lar dishonourable conduct, was further
guarded against by an oath of fealty.

Viewing this system only in the light of
a firm bond of union subsisting between
barbarians, it must be admitted, that a
better could not well be devised, as the
chief held officers of trust to his interest,
by combining it with their own, and the
vassals of the latter had an equally just
reason to rely on the fidelity of others,
who held land under their fee. The ne-
cessity of preserving their conquests,
rather than any generous principle to-
wards each other, evidently dictated the
feodal system, and it was rendered al-
most impossible by this means that insur-
rections of the conquered nations should
succeed, or that foreign armies could
have the least chance of success, when
opposed to a prince at the head of his
feudatories; hence the nations thus con-
stituted became powerful in the aggre-
gate, and every individual, oppressed by
his lord, had a common claim for redress,
from the lowest feudatory in gradation to
the chief, otherwise the whole fabric
must have fallen into ruin. Exclusive of
the feodal grants, there were others,
termed allodial, which, though not free
from military service, were given upon
more liberal principles than the former;
by those all free men had a right to dis-
pose of their territory. In order to se-
the prompt assistance of this de-

cure

VOL. V

scription of persons, they were invited by a sort of honourable liberty to defend the country in battle, which was denied to the slaves, who were compelled to follow what was then thought the inglorious arts of peace. These allodial proprietors composed a national militia, and had the privilege of possessing moveables and money, a circumstance which compelled them to take the field at the requisition of the sovereign, when the country was in danger; but they were exempt from interfering in the disputes of feudal lords; and this exemption operated at length in subverting all their advantages; being independent of either party, both the lords and their vassals viewed them with jealousy, and each presuming upon their inability to protect themselves, injured and insulted them, well knowing that, as they were scattered at remote distances throughout the country, and forbidden by law from committing hosThe folly and tilities, they had nothing to apprehend from their resentment. barbarity of this conduct can only be accounted for by the consummate ignorance and brutality of all classes of inen, who, inured to rapine, injustice, and bloodshed, paid homage to power alone, rejecting the sacred claims of property, and despising all other merit besides that of courage; the necessary consequence was, that the prince courted the most valiant and powerful of his chiefs, and neglected the allodial proprietors in proportion, because he could derive no advantage from them; they in return became completely disgusted with their situation, and wearied by the neglect of the monarch, the destruction of their property without hope of redress, and continual insults, they finally determined to solicit common protection, by resigning their lands to those lords who would deign to return them as feodal tenures: such was the effect of this cruel system of plunder, which made fiefs universal.

The advocates for a state of society so constituted urge, with some degree of justice, that a feudal lord, surrounded by his vassals, resembled the father of a numerous family, each reciprocally benefitting the other; and this was certainly the fact in some particular cases, when the lord happened to be of a benevolent disposition, and dispensed his favours liberally; such a man deserved, and, perhaps, received, gratitude equivalent, and hence originated feodal incidents. The expectants of fiefs, before they were hereditary, and the heirs afterwards,

S

educated under his immediate inspection, were attached to him as if they had been his own offspring, and received their lands when of age, with a determination to defend his interest to the utmost of their ability, in return for his careful and paternal wardship, which they further demonstrated by a grateful present, on taking possession. The former was called the incident of wardship, and the latter the incident of relief.

There was also an incident of marriage, which was founded upon the same principle as that of reliefs; this operated 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 extravagance, or losses by war.

The incident of escheat has been already noticed, and took place upon the default of the vassal in his customary service.

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 happiness of his vassals, they felt equal pride in supporting his splendour, and in endeavouring 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 ambition and avarice, the feodal system began to tremble to its base; wardship, instead of being as before mutually advantageous, was then rendered the means of filling the coffers of the lord, and the ward was sometimes ransomed, to prevent worse consequences: the result is obvious; the vassals received their inheritance almost exhausted, and viewed the incidents as so many lawless exactions, 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 original compact, was converted into a crime, and pronounced just reasons for seizure. In this wretched situation, disheartened by oppression, and unable to resist, without 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 inertness of slaves, who, burning with secret hatred, often committed military errors purposely, equally involving their sovereign's and their own safety; from this cause knight's service had its origin. See KNIGHT's service.

FEOFFMENT, in law, may be defined to be the gift of any corporeal purditament 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 feoffment is by no means perfected. 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 freehold. 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 possession 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 advowson, &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

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FERE naturæ.

Animals feræ naturæ, of a wild nature, are those in which a man hath not an absolute, but only a qualified and limited property, which sometimes subsists, and at other times doth not subsist; and this qualified property is obtained either by the art and industry of man, or the importence of the animals themselves, or by special privilege, as in case of game.

A qualified property may subsist in animals fere nature by the art and industry of man, either by his reclaiming and making them tame, or by so confining them, that they cannot escape and use their natural liberty; such as deer in a park, hares or conies in an enclosed warren, doves in a dove-house, pheasants or partridges in a mew, hawks that are fed and commanded by the owner, and fish in a private pond or in trunks. These are no longer the property of a man than while they continue in his keeping or actual possession; but if at any time they regain their natural liberty, his property instantly ceases; unless they have animum revertendi, which is only to be known by their usual custom of returning. Larceny cannot be committed of things fera nature while at their natural liberty; but if they are made fit for food, and reduced to tameness, and known by the taker to be so, it may be larceny to take them. 1 Haw. 94. See GAME.

FERGUSON (JAMES,) an eminent experimental philosopher, mechanic, and astronomer, was born in Bamffshire, in Scotland, 1710, of very poor parents. At the very earliest age his extraordinary genius began to unfold itself. He first learned to read, by overhearing his father teach his elder brother; and he had made this acquisition before any one suspected it. He soon discovered a peculiar taste for mechanics, which first arose on seeing his father use a lever. He pursued this

study a considerable length, while he was yet very young; and made a watch in wood-work, from having once seen one. As he had no instructor, nor any help from books, every thing he learned had all the merit of an original discovery; and such, with inexpressible joy, he believed it to be.

As soon as his age would permit, he went to service; in which he met with hardships, which rendered his constitution feeble through life. While he was servant to a farmer, (whose goodness he acknowledges, in the modest and humble account of himself which he prefixed to one of his publications) he contemplated and learned to know the stars, while he tended the sheep; and began the study of astronomy, by laying down, from his own observations only, a celestial globe. His kind master, observing these marks of his ingenuity, procured him the countenance and assistance of some neighbouring gentlemen. By their help and instructions he went on gaining farther knowledge, having by their means been taught arithmetic, with some algebra and practical geometry. He had got some notion of drawing, and being sent to Edinburgh, he there began to take portraits in miniature, at a small price; an employment by which he supported himself and family for several years, both in Scotland and England, while he was pursuing more serious studies. In London he first published some curious astronomical tables and calculations; and afterwards gave public lectures in experimental philosophy, both in London and most of the country towns in England, with the highest marks of general approbation. He was elected a Fellow of the Royal Society, and was excused the payment of the admission fee, and the usual annual contributions. He enjoyed from the King a pension of fifty pounds a year, besides other occasional presents, which he privately accepted and received from different quarters, till the time of his death; by which, and the fruits of his own labours, he left behind him a sum to the amount of about six thousand pounds, instead of which all his friends had always entertained an idea of his great poverty. He died in 1776, at 66 years of age, though he had the appearance of many more years.

Mr. Ferguson must be allowed to have been a very uncommon genius, especially in mechanical contrivances and executions; for he executed many machines himself in a very neat manner.

He had

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