Зображення сторінки

The soote season that bud, and bloom fourth What wonder, if, discharged into the world, bringes,

They shame their shooters with a random fight, With grene hath cladde the hyll, and eke the vale, Their points obtuse, and feathers drunk with wine! The nightingall with fethers new she singes ;

Well may the church wage unsuccessful war The turtle to her mate bath told the tale. Surty. With such artillery armed.

Cowper. I am not of that feather to shake off

While each light moment, as it dances by My friend, when he most needs me. Shakspeare. With feathery foot and pleasure-twinkling eye, Look, as I blow this feather from my face.

Feeds from its baby-band, with many a kiss,

Id. Henry IV. The callow nestlings of domestic bliss. Darwin. I saw young Harry with his beaver on,

Free let the feathery race indulge the song, His cuisses on his thighs, gallantly armed,

Inhale the liberal beam, and melt in love : Rise from the ground like feathered Mercury.

Id. Free let the feet hind bound her hills along, They stuck not to say, that the king cared not to And in pure streams the watery nations rove.

Beattie. plume his nobility and people, to feather himself.

Bacon's Henry VII.


See OrnithoLOGY. Feathers The husband cock looks out, and straight is sped, make a considerable article of commerce, partiAnd meets his wife, which brings her featherbed. cularly those of ostriches, herons, swans, peacocks,

Donne. This so high grown ivy was like that featherless geese, hens, &c., for plumes, ornaments of the bird, which went about to beg plumes of other birds head, filling of beds, writing pens, &c. Geese to cover his nakedoess. Howel's Vocal Forest.

are plucked sometimes in Great Britain five Or wbistle from the lodge, or village cock

times in the year, and in cold seasons many of Coant the night watches to his feathery dames. them die by this barbarous custom. See ANAS.

Milton. The feathers that are brought from Somersetshire The accretion or pluvious aggelation of hail about are esteemed the best, and those from Ireland the the motber and fundamental atoms thereof, seems to worst. Eider down is imported from Denmark; be some featherly particle of snow, although snow the ducks that supply it being inhabitants of itself be serangular.


Hudson's Bay, Greenland, Iceland, and Norway: The brave eagle does with sorrow see

See Down. Our own Western Islands breed The forest wasted, and that lofty tree

numbers of these birds, which turn out a profitWhich holds her nest, about to be o'erthrown,

able branch of trade to the poor inhabitants. Before the feathers of her young are grown; She will not leave them, nor she cannot stay,

Hudson's Bay also furnishes very fine feathers of But bears them boldly on her wings away,

the goose kind. The down of the swan is brought Waller.

from Dantzic, as well as great quantities of the So when the new-born phenix first is seen,

feathers of the cock and hen. The London Her feathered subjects all adore their queen. poulterers deal largely in the feathers of those

Dryden. birds, and of ducks and turkies: those of ducks, Dame Partlet was the sovereign of his heart; being weaker, are inferior to those of the goose; Ardent in love, outrageous in his play,

and turkies' feathers are the worst of any. The He feathered her a hundred times a-day.

best method of curing feathers is to lay them in a The cover must be made of featheredged boards, in room, in an exposure to the sun, and when dried the nature of several doors with hinges fixed thereon.


to put them in bags, and beat them well with Boards or planks that have one edge thinner than

poles. See Quills. acother, are called featheredge stuff. Moron.

FEATLY (Daniel), an English divine, born at Vultures, barpies, ravens, cormorants, and among Charlton, in Oxfordshire, in 1582. He was edumany other feathered creatures, several little winged cated at Magdalen College, Oxford, and afterboys perch opon the middle arches. Addison. wards became fellow of Corpus Christi. He was

Darkening the sky, they hover o'er and shroud for some years chaplain to the English embassy The wanton sailors with a feathered cloud. Prior. in France, and soon after his return became

When a man in the dark presses either corner of chaplain to archbishop Abbot, who gave him the his eye with his finger, and turns bis eye away from rectory of Lambeth. Dr. Featly was the last his finger, he will see a circle of colors like those in provost of Chelsea College, which station he the feathers of a peacock's tail.

Newton. A featherdriver had the residue of his lungs filled several polemical treatises, particularly against

He wrote

quitted on his marriage in 1625. with the fine dust or down of feathers. Derham.

the church of Rome. When the civil wars comAn eagle had the ill hap to be struck with an arrow, menced, he was chosen one of the assembly at feathered from her own wing.

L'Estrange. Net the bow they bend, nor boast the skill Westminster, but his correspondence with archTo give the feathered arrow wings to kill. Pope. bishop Usher at Oxford being intercepted, he

Then ships of uncouth form shall stem the tide, was sent to prison. On the trial of archbishop And feathered people croud my wealthy side. Id. Laud, Featly appeared as a witness against him.

Among our Scythian ancestors, the number of pens He was the author of Clavis Mystica, a Key Tas so infinite, that Herodotus had no other way of opening divers difficult Texts of Scripture, 1636, expressing it than by saying, that in the regions far to folio; and among his controversial tracts is one the north, it was hardly possible for a man to travel, with a title too witty to be forgotten, The Dipper the very ait was so replete with feathers. Swift. Dipt, or the Anabaptist plunged over Head and

Time is the feathered thing, And whilst I praise

Ears and shrunk in the washing, 4to. Upon his The sparklings of thy locks, and call them rays,

liberation he retired to Chelsea College, where Takes ring.

he died in 1644.

Mayne. See then the quiver broken and decayed,

*FEATURE, n. s. & v. a.)

Old Fr. faicla which are kept our arrows! Rusting there

FEATURED, purt. adj. 3 ture and facture : La wild disorder, and unfit for use,

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



[ocr errors]

thing. The general cast, or make of the face: Fantastic rites and februations to chase away any lineament, or single part of the face; make, mormoes and spectres.

Spenser. generally, and of the body in particular: to fea- You have such a Fcbruary face, ture is to resemble, or to pourtray features. Dr. So full of frost, of storm, of cloudiness! Johnson seems to have read the extract from

Shakspeare. Shakspeare's Cymbeline,' featured,' erroneously; FEBRUARY, in chronology, was the second hut we insert the passage, as he quotes it, being month of Numa's year, and under the protection better sense, in our humble judgment, than the of the god Neptune. It was not in the kalendar more approved reading, “ feated’; and finding of Romulus, being added to the year by Numa. the verbal form of the word adopted by other It had its name from Februa, a name of Juno, poets.

who presided over the purifications of women; Though ye be the fairest of God's creatures,

and in this month the Lupercalia were held in Yet think that death shall spoil your goodly features.

honor of Juno, and women were purified by the

Spenser. priests of Pan Lyceus at that festival. See LuReport the feature of Octavia, her years.

PERCALIA. February, in a common year, con

Shakspeare. sists only of twenty-eight days; but every bisHe lived in court most praised, most loved, sextile

year it has twenty-nine, by the addition A sample to the young'st; to the more mature, of the intercalary day. A glass that featured them. Id. Cymberline.

FECAMP, an ancient sea-port of France, in the Though various features did the sisters grace,

department of the Lower Seine, and late province A sister's likeness was in every face.

Addison's Ov.

of Normandy, containing about 1000 houses, and No woman can be handsome by the force of features a ci-devant Benedictine abbey long famed for its alone, any more than she can be witty only by the help riches. The church is one of the largest in France. of specch.


The chief trade of the inhabitants is in linens, We discover in James all the features of a great but serges, laces, hats, and leather. Many vessels uncultivated spirit. Robertson's Hist. of Scotland. are employed in the herring fishery. Fecamp The great Creator to revere,

lies nine miles south-west of Dieppe, and fifteen Must sure become the creature;

N. N. E. of Montvilliers.
But still the preaching cant forbear,
And ev'n the rigid feature.


FE’CES, n. s. Fr. feces; Lat. fæces. Dregs; Pair after pair, and tittering as they pass, sediments; subsidence; excrement. View their fair features in the walls of glass;

Hence the surface of the ground with mud Leave with impatient step the circling bourn,

And slime besmeared, the feces of the flood And hear behind the closing rocks return.

Received the

of heaven;

rays Darwin.

and sucking in

The seeds of heat, new creatures did begin. FEBRIC'ITATE, v. n. Fr. febricitant (fe

FEBRIC'ULOSE, adj. verish), febrifuge ;

Old Fr. febrifique ; smell in their feces.
The symptoms of such a constitution are a sour

Arbuthnot on Aliments. FEB’RIFUGE, n. s. & adj. Lat. febricito. To

Feces. See FAECES. FEB'Rile, adj.

be in a fever. Fe

FECIALES, or Foeciales, an order of priests briculose is, troubled with fever. We copy these words from Dr. Johnson, but find no ex- the ancient Romans, appointed to proclaim war,

or officers consisting of twenty persons among amples of them Febrific is, tending to produce, febrile, constituting or consequent upon, fever. negociate peace, &c. Festus derives the word from Febrifuge, a medicine for the cure of fever; and, clude a treaty; and accordingly, instead of feci

ferio, I strike; as, ferire fædus signifies, to conas an adjective, having the power or tendency ales, he would have it written feriales. Others to cure that disease.

derive it from fædus, which was anciently written The spirits, embroiled with the malignity in the fedus; or from fidus, faith. Others from facio, blood, and turgid and tumified by the febrile fermen- feci, I make, &c., because they made war and tation, are by phlebotomy relieved. Harvey.

Vossius derives it from fatu, of the verb Bitters, like choler, are the best sanguifiers, and peace. also the best febrifuges.

Floyer on the Humours.

fari, to speak; in which sense the feciales should Febrifuge draughts had a most surprising good

be the same with oratores ; which sentiment is effect.


also confirmed by Varro, who says they were The febrific humour fell into my legs. Chesterfield. called indifferently feciales and oratores. The

FEBRIS, Lat. Fever, was worshipped as a feciales were a fort of heralds, who, when the goddess by the ancient Romans. She had a tem- Romans had any dispute with their neighbours, ple on mount Palatine, and in two other places were sent first to demand the thing pretended to in Rome. The following inscription to this god- be usurped, or require the satisfaction for the dess is still extant: Febri. Divæ. Febri. Sanctæ. injury' alleged to be done. If an answer was Febri. Magnæ. Camilla. amata. pro, filio. male. not returned by them, that was satisfactory to affecto.

the people and the senate, they were despatched FEBRUA, a feast of atonement held by the again to declare war, and the like in treating of ancient Romans for twelve days together in Fe- peace; the feciales being the only persons apbruary.

pointed to negociate between the senate, &c., and FEBRUARY, n. s. Latin, Februarius, of ihe enemy. Plutarch, in the life of Numa, and

FEBRUA'TION. Greek, poußaw, to purify. Ilalicarnasseus (lib. ii.), observes, that they were The second morth of the year. Februation was first instituted by that prince. The latter adds, the keeeping of certain feasts of purification that they were chosen out of the best families in among the ancients.

Rome; that their office, which was reputed a sort of sacerdotium, or priesthood, only ended ment: lees; quality of abounding with dregs or with their life; that their persons were sacred lees; muddiness. and inviolable, as those of other priests; that they As much as the reasonable soul doth in dignity of were even charged to see that the republic did nature, and purity of substance, excel this feculent not declare war unjustly; that they were to re- lump of organised clay, our body; as the blissful raceive the remonstrances of nations who com- vishments of spirit surpass the dull satisfactions of

Barrow. plained of having been any way injured by the sense,

They are to the body as the light of a candle to the Romans; that if those complaints were found just, they were to seize the criminals, and deliver gross and feculent snuff

, which as it is not pent up in

it, so neither doth it partake of its impurity. them up to those they had offended; that they

Glano. A pology. were invested with the rights and privileges of

Pour upon it some very strong lee, to facilitate the ambassadors ; that they concluded treaties of separation of its feculencies.

Boyle. peace and alliance, and took care to see them Whether the wilding's fibres are contrived executed ; and, lastly, abolished them, if they To draw the earth's purest spirit, and resist were not equitable. Livy (lib. i. cap. 24) ascribes Its feculence, which in more porous stocks their institution to Ancus Martius, A. U.C. 114. Of cyder plants finds passage free. Philips. Varro assures us, that in his time most of these So joys the soul, when from inglorious aims functions of the feciales were set aside; though

And sordid sweets, from feculence and froth

Of ties terrestrial set at large, she mounts Plutarch says, that they had still some authority

To Reason's region. in his time. The feciales were crowned with


Thither flow, Terrain when they went to declare war. Their

As to a common and most noisome sewer, heads were covered with veils, over which the

The dregs and feculence of every land. Crowd was placed. In this equipage they pro

In cities, foul example on most minds ceeded to the frontiers of the new enemy's coun

Begets its likeness.

Cowper. try, and threw a bloody dart or javelin into the

FECUND' adj. Fr. fecond ; Lat. feground within the same. In Livy and other


cundus. Fruitful; proancient authors we have the formula used in such


lific. Fecundation, the declarations. FECKENHAM (John de), the last abbot of fulness; power of production.

act or art of making fruitful. Fecundity, fruitWestminster, was born at Feckenham, a village of Worcestershire, about the beginning of the fruitful of children also they be.

The more sickly the years are, the less fecund or

Graunt. sixteenth century. When the Reformation com

She requested these plants as, a medicine of fecunmenced he opposed it with great zeal, and was dation, or to make her fruitful.

Browne. sent to the Tower, where he continued till queen Some of the ancients mention some seeds that reMary's accession, soon after which he was made tain their fecundity forty years, and I have found that abbot of Westminster. Queen Elizabeth, whose melon-seeds, after thirty years, are best for raising of life he had saved by his remonstrances with melons.

Ray. Mary, when she designed the death of her sister, I appeal to the animal and vegetable productions of would have given him the archbishopric of Can- the earth, the vast numbers whereof notoriously testiterbury, if he would have conformed to the Re- fy the extreme luxuriance and fecundity of it.

Woodward. formation, but this he refused; and, while he sat

The least in her first parliament, he protested strongly

Of these disseminated orbs, how great! against the Reformation, which occasioned his

Fecundity divine ! being committed to the Tower in 1560. He con

Exub'rant Source ! perhaps I wrong thee still. tinued in confinement till 1563, and was then

Young. put under the charge of the bishop of Winchester.

It has been supposed that the embryon vegetable Two days before the execution of lady Jane after fecundation, by its living activity or stimulus Grey, Feckenham held a conference with that exerted on the vessels of the parent plant, may prounfortunate lady, who remained as much un- duce the fruit or seed-lobes, as the animal fætus promoved by his arguments as Cranmer, Ridley, and duces its placenta, and as vegetable buds may be Latimer, against whom he disputed at Oxford. supposed to produce their umbilical vessels or roots

Darwin. He died in the castle of Wisbeach in 1585. down the bark of the tree. Feckenham was a learned and a liberal man,

and FED. See FEED. Fery charitable to the poor. He was the author FEDALA, a sea-port town of Morocco, on the of sereral controversial pieces : and is spoken of western coast. It is situated on a promontory, with great respect by Camden, Fuller, and Burnet. which has been mistaken for an island, and sur

FE-CHING-SE, a city of China, in the pro- rounded by a fine fertile country. It has an exvince of Pe-tche-li, near Pekin. It is not exten- cellent road for ships, so that no place can be sive, and the houses are low, but the excellent more advantageously situated for the corn trade, walls and pavilions give it a respectable appear- which it carried on to a great extent till the preance. In the vicinity there is a fine bridge, sent emperor prohibited the exportation of corn. built of hewn stone, 216 paces long. At each Fedala is forty miles S. S. W. of Sallee. end is a pavilion, with an inscription iq honor FED'ARY, n. S. Lat. fædus (cruel), as of the architect; and at a little distance a temple FED'ERAL, adj. Ainsworth thinks, because erected by the late emperor to a tutelary


ro confederacies were andivinity

FED'ERATE, adj. ciently made without blood, FECULENCE, or Fr. feculence; Latin, FeD'ERATIVE. i. e. sacrifice. An ally, Fuc'ULENCY, N. S.

fæculentia, facula, from confederate, or accomplice: this is the sense both FEL'ULENT, adj. Sfæx fæcis, dregs. Sedi- of fedary and federary. Federal is relating to a league or covenant. Federate, leagued; con- A wealthy doctor who can help a poor man, and tracted. Federative is, having power to make will not without a fee, has less sense of humanity leagues.

than a poor ruffian, who kills a rich man to supply his necessities.

Tatler, Damn'd paper!

He does not refuse doing a good office for a man, Black as the ink that's on thee, senseless bauble !

because he cannot pay the fee of it. Addison. Art thou a fedary for this act, and lookest

No man fees the sun, no man purchases the light, So virgin-like without ? Shakspeare. Cymbeline.

nor errs if he walks by it.

South. She's a traitor, and Camillo is

Praise was originally a pension paid by the world ; A federary with her.

Shakspeare. but the moderns, finding the trouble and charge too It is a federal right betwixt God and us, as eating great in collecting it, have lately bought out the feeand drinking, both among Jews and Heathens, was simple ; since which time the right of presentation is wont to be.

wholly in ourselves.

Swift. The Romans compelled them, contrary to all federal When neebors anger at a plea, right and justice, both to part with Sardinia, their

An' just as wud as wud can be, lawful territory and also to pay them, for the future

How easy cau the barley-bree a double tribute.


Cement the quarrel ! The power to which our constitution has exclusively It's aye the cheapest lawyer's fee, delegated the federative capacity, may find it expe

To taste the barrel. Burns. dient to make war upon them.


If he comes here to take a deposition, FEE, n. s. & v. a.) Sax. feah ; Goth. fe ; By all means let the gentleman proceed; FEEFARM. Swed. fæe ; Dan. fee; You've made the apartment in a fit condition :

There's Teut. fieh; Su. Goth. fae; all perhaps from the

pen and ink for you, sir, when you pleaseGoth.fa, to acquire. Property in money, goods, or Let every thing

Let every thing be noted with precision, land; payment to official persons, or to the pro

I would not you for nothing should be fee'd. fessors of law or medicine; portion ; pittances :

Вутоп. . to fee is to pay, reward; hence bribe; keep in

Fre, in law, signifies a complete feudal proone's pay: for Fee, see the article.

perty. Hence, where the bare life-rent of any

feudal subject is meant to be conveyed to A, and I bere quod he all myne with me about : Wisedom he ment, not fortunes brotle fees.

the absolute property to B, that meaning is exFor nought he counted his that he might leese.

pressed thus, “to A in life-rent, and to B in fee.' Sir T. More.

See Law. In pruning and trimming all manner of trecs, FEE ABSOLUTE, or FEE SIMPLE. A tenant, Reserve to each cattle their property fees. Tusser. says Blackstone, in fee simple, or, as he is fre

Though sweet love to conquer, glorious be, quently styled, tenant in fee, is he that hath Yet is the pain thereof much greater than the fee. lands, tenements, or hereditaments, to hold to

Spenser. him and his heirs for ever; generally, absolutely, These be the ways by which, without reward,

and simply; without mentioning what heirs, but Livings in courts be gotten, though full hard;

referring that to his own pleasure, or to the disFor nothing there is done without a fee. Hubbert.

position of the law. The true meaning of the Now like a lawyer, when he land would let, Or sell fee-simples in his master's name.

word fee (feodum), is the same with that of feud Id. Tale.

or fief (See FeudAL SYSTEM), and, in its original What concern they ?

sense, it is taken in contradistinction to allodium; The general cause ? or is it a fee-gift, which is property in its highest degree; and the Due to some single breast ? Shakspeare. owner thereof hath absolutum et directum domiNow that God and friends

nium, and therefore is said to be seised thereof Have turned my captive state to liberty, absolutely in dominio suo, in his own demesne. At our enlargement what are thy due fees? But this allodial property no subject in Britain

Id. Henry VI.

it being a received and now undeniable Here's the lord of the soil come to seize me for a

principle in the law, that all lands are holden stray, for entering his fee-simple without leave. Id,

mediately or immediately of the king. A subject There is not a thane of them but in his house

therefore hath only the usufruct, and not the absoI have a servant feed.

Id. Macbeth.

lute property of the soil. And hence, in the most John surrendered his kingdoms to the pope, and solemn acts of law, the strongest and highest took them back again, to hold in feefarm; which estate that any subject can have, is expressed by brought him into such hatred, as all his lifetime after these words, he is seised thereof in his demesne, he was possessed with fear.


as of fee. It is a man's demesne, dominium, or He thought he should be blest To have his heir of such a suffering spirit ;

property, since it belongs to him and his heirs So wise, so grave, of so perplext a tongue,

for ever: yet this property or demesne, is strictly And loud withal, that could not wag, nor scarce

not absolute or allodial, but qualified or feodal , Lie still without a fee.

Ben Jonson.

it is in his demesne, as of fee; that is, it is not While freezing Matho, that for one leane fee

purely and simply his own, since it is held of a Wont terme auld Terme the Terme of Hilarie,

superior lord, in whom the ultimate property reMay now, in sted of those his simple fees

sides. This is the primary sense and acceptation Get the foe-simple of fayre manneryes.

of the word fee. But, as Sir Martin Wright very

Bp. Hall. Satires. justly observes, the doctrine,' that all lands are Watch the disease in time; for when within

holden,' having been, for so many ages, a fixed The dropsy rages, and extends the skin,

and undeniable axiom, the English lawyers very In vain for hellebore the patient cries,

rarely, of late years especially, use the word fee And fees the doctor; but too late is wise. in this its primary original sense, in contradis.

Dryden tinction to allodium or absolute property, with


which they have no concern; but generally use 1. Qualified, or base fees; and 2. Fees conit to express the continuance or quantity of estate. ditional, or fees tail. A fee therefore, in general, signifies an estate of FEES, QUALIFIED, or base fees, are such inheritance; being the highest and most exten- as have a qualification subjoined, and which sive interest that a man can have in a feud: and must be determined whenever the qualification when the term is used simply, without any other annexed to it is at an end. As, in the case. of a adjunct, or has the adjunct of simple annexed to grant to A. and his heirs, tenants in the manor it, it is used in contradistinction to a fee-con- of Dale; in this instance, whenever the heirs of ditional at the common law, or a fee-tail by the A. cease to be tenants of that manor, the grant is statute; importing an absolute inheritance, clear entirely defeated. So when Henry VI. granted of any condition, limitation, or restrictions to to John Talbot, lord of the manor of Kingston particular heirs, but descendible to the heirs Lisle in Berks, that he and his heirs, lords of the general, whether male or female, lineal or colla- said manor, should be peers of the realm, by the teral. And in no other sense than this is the title of barons of Lisle; here John Talbot had a king said to be seised in fee, he being the feuda- base or qualified fee in that dignity; and the tory of no man. Taking therefore fee in this its instant he or his heirs quitted the seigniory of secondary sense, as a state of inheritance, it is this manor, the dignity was at an end. This applicable to, and may be had in, any kind of estate is a fee, because it may possibly endure hereditaments either corporeal or incorporeal. for ever in a man and his heirs ; yet as that duBut there is this distinction between the two ration depends upon the concurrence of collateral species of hereditaments : that of a corporeal in- circumstances, which qualify and debase the beritance a man shall be said to be seised in his purity of the donation, it is therefore a qualified demesne, as of fee; of an incorporeal one he or base fee. shall only be said to be seised as of fee, and not FEES Tail are so called in consequence of the in his demesne. For as incorporeal heredita- statute de donis, or fees conditional, as they are ments are, in their nature, collateral to and issue called in common law. See Tail. out of lands and houses, their owner hath no FEES OF LAWYERS AND PHYSICIANS.

An property, dominium, or demesne, in the thing attorney may bring an action for his fees against itself, but hath only something derived out of it, the client that retained him in his cause. But resembling the servitudes or services of the civil by a decision, which was given some years since law. The dominium, or property, is frequently in the court of king's bench, a physician cannot in one man, while the appendage or service is in bring an action against a patient, who is so unanother. Thus Gaius may be seised as of fee, of grateful as not to pay him his fees. If a person a way going over the land of which Titius is refuse to pay an officer of court his due fees, the seised in his demesne as of fee. The fee simple court will grant an attachment against him, to be or inheritance of lands and tenements is gene- committed till the fees are paid. rally vested and resides in some person or other; All fees allowed by acts of parliament become though divers inferior estates may be carved out established fees; and the several officers entitled of it. As if one grants a lease for twenty-one to them may maintain action of debt for them. years, or for one or two lives, the fee simple re- 2 Inst. 210. All such fees as have been allowed mains rested in him and his heirs; and after the by the courts of justice to their officers, as a determination of those years or lives, the land recompense for their labor and attendance, are reverts to the granter or his heirs, who shall hold established fees: and the parties cannot be deit again in fee simple. Yet sometimes the fee prived of them without an act of parliament. may be in abeyance, that is (as the word signi- Co. Lit. 368. Where a fee is due by custom, fies), in expectation, remembrance, and contem- such custom, like all others, must be reasonable; plation in law; there being no person in esse, and therefore where a person libelled in the in whom it can vest and abide, though the law spiritual court for a burying fee due to him for considers it as always potentially existing, and every one who died in the parish, though buried ready to vest whenever a proper owner appears. in another; the court held this unreasonable, Thus, in a grant to John for life, and afterwards and a prohibition was granted. Hob. 175. The to the heirs of Richard, the inheritance is plainly plaintiff brought an action on the case for fees Deither granted to John nor Richard, nor can it vest due to him as usher of the black rod, and obin the heirs of Richard, till his death, nam nemo tained a verdict. Stran. 747. Justices in ses.. est hæres viventis: it remains therefore in wait- sions have no authority to fix the bailiff's fees ing, or abeyance, during the life of Richard. This for arrests in civil cases; nor would the court is likewise the case of a parson of a church, who of king's bench allow more than the usual fee of hath only an estate therein for the term of his one guinea, though a larger sum had in fact been life ; and the inheritance remains in abeyance. paid for years under an order of such justices. And not only the fee, but the freehold also, may 3 Term. Rep. K. B. 417. be in abeyance; as, when a parson dies, the free- As to poundage to sheriffs on executions, see stat. bold of his glebe is in abeyance until a suc- 43Geo. III.c. 4695. Where the sheriff levied, unCessor be named, and then it vests in the suc- der fi. fa, and received the money, and afterwards Cessor. The word heirs is necessary in the grant the judgment and execution being set aside for irreor donation in order to make a fee of inheritance. gularity, and the money ordered to be returned, See Heir.

paid it back, with the assent of the plaintiff; it FEES, LIMITED, or such estates of inheritance was held that the stat. 43 Geo. III. c. 46 did uot *3 are clogged and confined with conditions or take away the sheriff's remedy by action of debt qualifications, may be divided into two sorts, viz. against the plaintiff for his poundage. If an

« НазадПродовжити »