The soote bringes,

Not the bow they bend, nor boast the skill To give the feathered arrow wings to kill. Pope.

Id.

Then ships of uncouth form shall stem the tide, And feathered people croud my wealthy side. Among our Scythian ancestors, the number of pens was so infinite, that Herodotus had no other way of expressing it than by saying, that in the regions far to the north, it was hardly possible for a man to travel, the very air was so replete with feathers. Swift. Time is the feathered thing, And whilst I praise

The sparklings of thy locks, and call them rays,
Takes wing.

See then the quiver broken and decayed,
In which are kept our arrows! Rusting there
La wild disorder, and unfit for use,

VOL. IX.

Mayne.

They shame their shooters with a random flight,
Their points obtuse, and feathers drunk with wine!
Well may the church wage unsuccessful war
With such artillery armed.

Cowper.

Darwin.

While each light moment, as it dances by
With feathery foot and pleasure-twinkling eye,
Feeds from its baby-hand, with many a kiss,
The callow nestlings of domestic bliss.
Free let the feathery race indulge the song,
Inhale the liberal beam, and melt in love:
Free let the fleet hind bound her hills along,

And in pure streams the watery nations rove. Beattie. FEATHERS. See ORNITHOLOGY. Feathers make a considerable article of commerce, particularly those of ostriches, herons, swans, peacocks, geese, hens, &c., for plumes, ornaments of the head, filling of beds, writing pens, &c. Geese are plucked sometimes in Great Britain five times in the year, and in cold seasons many of them die by this barbarous custom. See ANAS. The feathers that are brought from Somersetshire are esteemed the best, and those from Ireland the worst. Eider down is imported from Denmark; the ducks that supply it being inhabitants of Hudson's Bay, Greenland, Iceland, and Norway. See Down. Our own Western Islands breed numbers of these birds, which turn out a profitable branch of trade to the poor inhabitants. Hudson's Bay also furnishes very fine feathers of the goose kind. The down of the swan is brought from Dantzic, as well as great quantities of the feathers of the cock and hen. The London poulterers deal largely in the feathers of those birds, and of ducks and turkies: those of ducks, being weaker, are inferior to those of the goose; and turkies' feathers are the worst of any. The best method of curing feathers is to lay them in a room, in an exposure to the sun, and when dried to put them in bags, and beat them well with poles. See QUILLS.

FEATLY (Daniel), an English divine, born at Charlton, in Oxfordshire, in 1582. He was educated at Magdalen College, Oxford, and afterwards became fellow of Corpus Christi. He was for some years chaplain to the English embassy in France, and soon after his return became chaplain to archbishop Abbot, who gave him the rectory of Lambeth. Dr. Featly was the last provost of Chelsea College, which station he several polemical treatises, particularly against quitted on his marriage in 1625.

He wrote

menced, he was chosen one of the assembly at the church of Rome. When the civil wars comWestminster, but his correspondence with archbishop Usher at Oxford being intercepted, he was sent to prison. On the trial of archbishop Laud, Featly appeared as a witness against him. He was the author of Clavis Mystica, a Key opening divers difficult Texts of Scripture, 1636, folio; and among his controversial tracts is one with a title too witty to be forgotten, The Dipper Dipt, or the Anabaptist plunged over Head and Ears and shrunk in the washing, 4to. Upon his liberation he retired to Chelsea College, where he died in 1644.

FEATURE, n. s. & v. a.
FEATURED, part. adj.

Old Fr. faic

}ture and facture:

Ital. fattura; Lat. factura, the making of a

I

The febrific humour fell into my legs. Chesterfield. FEBRIS, Lat. Fever, was worshipped as a goddess by the ancient Romans. She had a temple on mount Palatine, and in two other places in Rome. The following inscription to this goddess is still extant: Febri. Divæ. Febri. Sanctæ. Febri. Magnæ. Camilla. amata, pro, filio. male. affecto.

FEBRUA, a feast of atonement held by the ancient Romans for twelve days together in February.

FEBRUARY, n. s. Į Latin, Februarius, of FEBRUATION. Greek, poßaw, to purify. The second month of the year. Februation was the keeeping of certain feasts of purification among the ancients.

FEBRUARY, in chronology, was the second month of Numa's year, and under the protection of the god Neptune. It was not in the kalendar of Romulus, being added to the year by Numa. It had its name from Februa, a name of Juno, who presided over the purifications of women; and in this month the Lupercalia were held in honor of Juno, and women were purified by the priests of Pan Lyceus at that festival. See LuPERCALIA. February, in a common year, consists only of twenty-eight days; but every bissextile year it has twenty-nine, by the addition of the intercalary day.

FECAMP, an ancient sea-port of France, in the department of the Lower Seine, and late province of Normandy, containing about 1000 houses, and a ci-devant Benedictine abbey long famed for its riches. The church is one of the largest in France. The chief trade of the inhabitants is in linens, serges, laces, hats, and leather. Many vessels are employed in the herring fishery. Fecamp lies nine miles south-west of Dieppe, and fifteen N. N. E. of Montvilliers.

FE'CES, n. s. Fr. feces; Lat. fæces. Dregs; sediments; subsidence; excrement.

Hence the surface of the ground with mud And slime besmeared, the feces of the flood Received the rays of heaven; and sucking in The seeds of heat, new creatures did begin.

Dryden.

The symptoms of such a constitution are a sour smell in their feces. Arbuthnot on Aliments.

FECES. See FAECES.

FECIALES, or FOECIALES, an order of priests the ancient Romans, appointed to proclaim war, or officers consisting of twenty persons among negociate peace, &c. Festus derives the word from clude a treaty; and accordingly, instead of feciferio, I strike; as, ferire fœdus signifies, to conales, he would have it written feriales. Others

derive it from foedus, which was anciently written fedus; or from fidus, faith. Others from facio, feci, I make, &c., because they made war and peace. Vossius derives it from fatu, of the verb fari, to speak; in which sense the feciales should be the same with oratores; which sentiment is also confirmed by Varro, who says they were called indifferently feciales and oratores. The feciales were a fort of heralds, who, when the Romans had any dispute with their neighbours, were sent first to demand the thing pretended to be usurped, or require the satisfaction for the injury'alleged to be done. If an answer was not returned by them, that was satisfactory to the people and the senate, they were despatched again to declare war, and the like in treating of peace; the feciales being the only persons appointed to negociate between the senate, &c., and the enemy. Plutarch, in the life of Numa, and Halicarnasseus (lib. ii.), observes, that they were first instituted by that prince. The latter adds, that they were chosen out of the best families in Rome; that their office, which was reputed a

sort of sacerdotium, or priesthood, only ended with their life; that their persons were sacred and inviolable, as those of other priests; that they were even charged to see that the republic did not declare war unjustly; that they were to receive the remonstrances of nations who complained of having been any way injured by the Romans; that if those complaints were found just, they were to seize the criminals, and deliver them up to those they had offended; that they were invested with the rights and privileges of ambassadors; that they concluded treaties of peace and alliance, and took care to see them executed; and, lastly, abolished them, if they were not equitable. Livy (lib. i. cap. 24) ascribes their institution to Ancus Martius, A. U. C. 114. Varro assures us, that in his time most of these functions of the feciales were set aside; though Plutarch says, that they had still some authority in his time. The feciales were crowned with vervain when they went to declare war. Their heads were covered with veils, over which the crown was placed. In this equipage they pro

ceeded to the frontiers of the new enemy's country, and threw a bloody dart or javelin into the ground within the same. In Livy and other ancient authors we have the formula used in such declarations.

FECKENHAM (John de), the last abbot of Westminster, was born at Feckenham, a village of Worcestershire, about the beginning of the sixteenth century. When the Reformation commenced he opposed it with great zeal, and was sent to the Tower, where he continued till queen Mary's accession, soon after which he was made abbot of Westminster. Queen Elizabeth, whose life he had saved by his remonstrances with Mary, when she designed the death of her sister, would have given him the archbishopric of Canterbury, if he would have conformed to the Reformation, but this he refused; and, while he sat in her first parliament, he protested strongly against the Reformation, which occasioned his being committed to the Tower in 1560. He continued in confinement till 1563, and was then put under the charge of the bishop of Winchester. Two days before the execution of lady Jane Grey, Feckenham held a conference with that unfortunate lady, who remained as much unmoved by his arguments as Cranmer, Ridley, and Latimer, against whom he disputed at Oxford. He died in the castle of Wisbeach in 1585. Feckenham was a learned and a liberal man, and

FECULENCE, or

Philips.

So joys the soul, when from inglorious aims And sordid sweets, from feculence and froth Of ties terrestrial set at large, she mounts To Reason's region.

Thither flow,

Young.

Cowper.

As to a common and most noisome sewer,
The dregs and feculence of every land.
In cities, foul example on most minds
Begets its likeness.
FECUND' adj.
FECUNDATION, n. s.
FECUNDITY.

Fr. fecond; Lat. fecundus. Fruitful; prolific. Fecundation, the act or art of making fruitful. Fecundity, fruitfulness; power of production.

The more sickly the years are, the less fecund or fruitful of children also they be. Graunt. She requested these plants as, a medicine of fecundation, or to make her fruitful. Browne.

Some of the ancients mention some seeds that re

tain their fecundity forty years, and I have found that melon-seeds, after thirty years, are best for raising of melons. Ray.

I appeal to the animal and vegetable productions of the earth, the vast numbers whereof notoriously testify the extreme luxuriance and fecundity of it.

The least

Woodward.

It has an ex

FED. See FEED. FEDALA, a sea-port town of Morocco, on the It is situated on a promontory, western coast. which has been mistaken for an island, and surrounded by a fine fertile country. cellent road for ships, so that no place can be more advantageously situated for the corn trade, which it carried on to a great extent till the present emperor prohibited the exportation of corn. Fedala is forty miles S. S. W. of Sallee. FED'ARY, n. s. FEDERAL, adj. FED'ERARY, n. s. FEDERATE, adj. FEDERATIVE.

Lat. fædus (cruel), as Ainsworth thinks, because Lo confederacies were anciently made without blood, i. e. sacrifice. An ally,

I 2

The Romans compelled them, contrary to all federal right and justice, both to part with Sardinia, their lawful territory and also to pay them, for the future a double tribute. Grew.

The power to which our constitution has exclusively delegated the federative capacity, may find it expedient to make war upon them. Burke.

FEE, n. s. & v. a. Į Sax. Feah; Goth. fe; FEEFARM. Swed. fae; Dan. fee; Teut. fieh; Su. Goth. fae; all perhaps from the Goth. fa, to acquire. Property in money, goods, or land; payment to official persons, or to the professors of law or medicine; portion; pittances: to fee is to pay, reward; hence bribe; keep in one's pay: for FEE, see the article.

I bere quod he all myne with me about : Wisedom he ment, not fortunes brotle fees. For nought he counted his that he might leese. Sir T. More. In pruning and trimming all manner of trees, Reserve to each cattle their property fees. Tusser. Though sweet love to conquer, glorious be, Yet is the pain thereof much greater than the fee. Spenser.

These be the ways by which, without reward, Livings in courts be gotten, though full hard; For nothing there is done without a fee. Hubbert. Now like a lawyer, when he land would let, Or sell fee-simples in his master's name.

What concern they?

Id. Tale.

Have turned my captive state to liberty, At our enlargement what are thy due fees? Id. Henry VI. Here's the lord of the soil come to seize me for a stray, for entering his fee-simple without leave. Id. There is not a thane of them but in his house I have a servant feed. Id. Macbeth. John surrendered his kingdoms to the pope, and took them back again, to hold in feefarm; which brought him into such hatred, as all his lifetime after he was possessed with fear.

He thought he should be blest

Davies.

To have his heir of such a suffering spirit;
So wise, so grave, of so perplext a tongue,
And loud withal, that could not wag, nor scarce
Lie still without a fee.
Ben Jonson.

While freezing Matho, that for one leane fee
Wont terme auld Terme the Terme of Hilarie,
May now, in sted of those his simple fees
Get the fee-simple of fayre manneryes.
Bp. Hall. Satires.
Watch the disease in time; for when within
The dropsy rages, and extends the skin,
In vain for hellebore the patient cries,
And fees the doctor; but too late is wise.

Dryden

A wealthy doctor who can help a poor man, and will not without a fee, has less sense of humanity than a poor ruffian, who kills a rich man to supply his necessities. Tatler.

He does not refuse doing a good office for a man, because he cannot pay the fee of it. Addison. No man fees the sun, no man purchases the light, nor errs if he walks by it. South.

Praise was originally a pension paid by the world; but the moderns, finding the trouble and charge too great in collecting it, have lately bought out the feesimple; since which time the right of presentation is wholly in ourselves. Swift.

When neebors anger at a plea,
An' just as wud as wud can be,
How easy can the barley-bree

Cement the quarrel !

It's aye the cheapest lawyer's fee,

To taste the barrel. Burns.

If he comes here to take a deposition,
By all means let the gentleman proceed;
You've made the apartment in a fit condition :-
pen and ink for you, sir, when you please—
Let every thing be noted with precision,
I would not you for nothing should be fee'd.

There's

Byron.

FEE, in law, signifies a complete feudal property. Hence, where the bare life-rent of any feudal subject is meant to be conveyed to A, and the absolute property to B, that meaning is expressed thus, to A in life-rent, and to B in fee.' See LAW.

FEE ABSOLUTE, or FEE SIMPLE. A tenant, says Blackstone, in fee simple, or, as he is frequently styled, tenant in fee, is he that hath lands, tenements, or hereditaments, to hold to him and his heirs for ever; generally, absolutely, and simply; without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law. The true meaning of the word fee (feodum), is the same with that of feud or fief (See FEUDAL SYSTEM), and, in its original sense, it is taken in contradistinction to allodium; which is property in its highest degree; and the owner thereof hath absolutum et directum dominium, and therefore is said to be seised thereof absolutely in dominio suo, in his own demesne. But this allodial property no subject in Britain has; it being a received and now undeniable principle in the law, that all lands are holden mediately or immediately of the king. A subject therefore hath only the usufruct, and not the absolute property of the soil. And hence, in the most solemn acts of law, the strongest and highest estate that any subject can have, is expressed by these words, he is seised thereof in his demesne, as of fee.' It is a man's demesne, dominium, or property, since it belongs to him and his heirs for ever: yet this property or demesne, is strictly not absolute or allodial, but qualified or feodal, it is in his demesne, as of fee; that is, it is not purely and simply his own, since it is held of a superior lord, in whom the ultimate property resides. This is the primary sense and acceptation of the word fee. But, as Sir Martin Wright very justly observes, the doctrine, that all lands are holden,' having been, for so many ages, a fixed and undeniable axiom, the English lawyers very rarely, of late years especially, use the word fee in this its primary original sense, in contradistinction to allodium or absolute property, with

which they have no concern; but generally use it to express the continuance or quantity of estate. A fee therefore, in general, signifies an estate of inheritance; being the highest and most extensive interest that a man can have in a feud: and when the term is used simply, without any other adjunct, or has the adjunct of simple annexed to it, it is used in contradistinction to a fee-conditional at the common law, or a fee-tail by the statute; importing an absolute inheritance, clear of any condition, limitation, or restrictions to particular heirs, but descendible to the heirs general, whether male or female, lineal or collateral. And in no other sense than this is the king said to be seised in fee, he being the feudatory of no man. Taking therefore fee in this its secondary sense, as a state of inheritance, it is applicable to, and may be had in, any kind of hereditaments either corporeal or incorporeal. But there is this distinction between the two species of hereditaments: that of a corporeal inberitance a man shall be said to be seised in his demesne, as of fee; of an incorporeal one he shall only be said to be seised as of fee, and not in his demesne. For as incorporeal hereditaments are, in their nature, collateral to and issue out of lands and houses, their owner hath no property, dominium, or demesne, in the thing itself, but hath only something derived out of it, resembling the servitudes or services of the civil law. The dominium, or property, is frequently in one man, while the appendage or service is in another. Thus Gaius may be seised as of fee, of a way going over the land of which Titius is seised in his demesne as of fee. The fee simple or inheritance of lands and tenements is generally vested and resides in some person or other; though divers inferior estates may be carved out of it. As if one grants a lease for twenty-one years, or for one or two lives, the fee simple remains vested in him and his heirs; and after the determination of those years or lives, the land reverts to the granter or his heirs, who shall hold it again in fee simple. Yet sometimes the fee may be in abeyance, that is (as the word signifies), in expectation, remembrance, and contemplation in law; there being no person in esse, in whom it can vest and abide, though the law considers it as always potentially existing, and ready to vest whenever a proper owner appears. Thus, in a grant to John for life, and afterwards to the heirs of Richard, the inheritance is plainly neither granted to John nor Richard, nor can it vest in the heirs of Richard, till his death, nam nemo est hæres viventis: it remains therefore in waiting, or abeyance, during the life of Richard. This is likewise the case of a parson of a church, who hath only an estate therein for the term of his life; and the inheritance remains in abeyance. And not only the fee, but the freehold also, may be in abeyance; as, when a parson dies, the freebold of his glebe is in abeyance until a successor be named, and then it vests in the successor. The word heirs is necessary in the grant or donation in order to make a fee of inheritance. See HEIR.

FEES, LIMITED, or such estates of inheritance as are clogged and confined with conditions or qualifications, may be divided into two sorts, viz.

1. Qualified, or base fees; and 2. Fees conditional, or fees tail.

FEES, QUALIFIED, or base fees, are such as have a qualification subjoined, and which must be determined whenever the qualification annexed to it is at an end. As, in the case of a grant to A. and his heirs, tenants in the manor of Dale; in this instance, whenever the heirs of A. cease to be tenants of that manor, the grant is entirely defeated. So when Henry VI. granted to John Talbot, lord of the manor of Kingston Lisle in Berks, that he and his heirs, lords of the said manor, should be peers of the realm, by the title of barons of Lisle; here John Talbot had a base or qualified fee in that dignity; and the instant he or his heirs quitted the seigniory of this manor, the dignity was at an end. This estate is a fee, because it may possibly endure for ever in a man and his heirs; yet as that duration depends upon the concurrence of collateral circumstances, which qualify and debase the purity of the donation, it is therefore a qualified or base fee.

FEES TAIL are so called in consequence of the statute de donis, or fees conditional, as they are called in common law. See TAIL.

An

FEES OF LAWYERS AND PHYSICIANS. attorney may bring an action for his fees against the client that retained him in his cause. But by a decision, which was given some years since in the court of king's bench, a physician cannot bring an action against a patient, who is so ungrateful as not to pay him his fees. If a person refuse to pay an officer of court his due fees, the court will grant an attachment against him, to be committed till the fees are paid.

All fees allowed by acts of parliament become established fees; and the several officers entitled to them may maintain action of debt for them. 2 Inst. 210. All such fees as have been allowed by the courts of justice to their officers, as a recompense for their labor and attendance, are established fees: and the parties cannot be deprived of them without an act of parliament. Co. Lit. 368. Where a fee is due by custom, such custom, like all others, must be reasonable; and therefore where a person libelled in the spiritual court for a burying fee due to him for every one who died in the parish, though buried in another; the court held this unreasonable, and a prohibition was granted. Hob. 175. The plaintiff brought an action on the case for fees due to him as usher of the black rod, and obtained a verdict. Stran. 747. Justices in sessions have no authority to fix the bailiff's fees for arrests in civil cases; nor would the court of king's bench allow more than the usual fee of one guinea, though a larger sum had in fact been paid for years under an order of such justices. 3 Term. Rep. K. B. 417.

As to poundage to sheriffs on executions, see stat. 43 Geo. III.c.46§5. Where the sheriff levied, under fi. fa. and received the money, and afterwards the judgment and execution being set aside for irregularity, and the money ordered to be returned, paid it back, with the assent of the plaintiff; it was held that the stat. 43 Geo. III. c. 46 did not take away the sheriff's remedy by action of debt against the plaintiff for his poundage. If an