Page:Cyclopaedia, Chambers - Supplement, Volume 2.djvu/846

 FEE

" pefpetuam hEereditatem," and then adds, u port iftius la- " bilis vitse exceflum, cuicunque fibi libuerit fuccefibri relin- " duat." This claufe of difpofmg of his land by laft will, and the omiflion of fealty throughout the whole, fhews this to have been no feud but rather allod, it being well known that after the conqueft, till the time of Henry VIII, lands were not generally devifeable by will ; and that in all char- ters fealty was expreffed : fo that this forfeiture of the land, muft rather be confidered as a fine, or like the confifcatio bo- novum among the Romans, who knew nothing of feuds, than as a feudal efcheat. Befides, it muft be obferved in general, that no great ftrefs can be laid on Saxon charters, moft of them being forged by monks, and impofed upon the ignorant Normans, when they enquired into the titles of convents to their lands. See Rapin, Hiit. d'Angl. p. 500. Craig's reafons for affirming that the feudal law came in with William I. are, j. That all the terms of art are French; nor does it appear that the Saxons had any words to exprefs the fame things. 2. That the penalties inflicted for crimes, among the Saxons, were not the amijfia feudi, but pecuniary, if the crimes were fmali ; and capital for thofe of a higher nature, 3. It appears from all hiftorians, that William afferted his dominion oyer all the lands in England, confifcated the lands of all thofe that followed Harold, and let others retain theirs fitb lege fidclltatis. Craig gives two examples of inveftiture, one of Athelftan, the other of the conqueror: Athelftan's words are, " Ego Athelftanus rex, do tibi Pauline Oddam & Roddam " tarn bona atque pulchra quam unquam mea erant, tefte Ma- " thilde eonjuge mea." The conqueror inverted Hugo Lupus, his lifter's fon, in the county of Chefter, M tenendum " tenebat Angliam ad coronam." And Craig adds, "licet " neutra tamen feudalem difpofitionem fapit, Cum nulla fit " in eis fervitiorum aut recognitionis prceftatio nulla, de do- " cedunt." Vide Craig, De Jur. Feud. lib. i. diegef. 7. Authors are not agreed as to the etymology of feudum or feo- dum ; their different opinions may be feen in Strykii Examen Juris Feudalis. He himfelf derives it from the Italian fede, with little reafon, fince feuds were by no means of an Italian but Gothic original, and therefore the Gothic languages fhould be enquired into for the etymology of the word. That of Grotius * feems probable enough ; he derives feod ftomfe and od, that is, Jlipendli pojfij/io ; fe, according to him, fignifying of old Jllpendium, and od, or W, pojfejjio. This holds even now in the German language, where the word kleinod Is ufed for a jewel, u quafiparvum bonum, vel psrva pojfejfio." Schil- ter, in his Praxis Juris Romani in Fono Germanico, Exerc. lib. iv. § 23. derives feod pretty much in the fame manner, viz. frorh the verb_/a oxfahen, which fignifies capere, In cujlo- diam traders, and od, fignifying bona, Jacultates, pojjejjionem, as Grotius fays. Stryckius adds, that feuds were fometimes Called leod, from od and the verb lehnen, or leiben, to lend ; and the Germans call a feud lehn guht, or (imply lehn, to this day. Leodum and leodes was alfo taken for the vaflal and for homage, as in an old record mentioned by Schilter, loc. cit. where it is faid, li fulelitatem praecelfo filio noftro vel nobis " & leode Sc Samio debeant promittere & conjurare." Where 'he thinks famlo to be an error for famto, the abbreviation of_/a- cramento. Somner, in his Treatife of Gavelkind, gives an- other etymon (approved of by ferjeant Wright, in his Trea- tife of Tenures) of feod, viz. from fe, jllpendium, and the termination hade, load, or head, fignifying a quality in ab- stract : but this feems too metaphyfical and forced, and does not feem near fo natural as the derivation from od, bonum, pffeffto, £sV. [ a Florum fparfio ad Jus Juftinian. p. 340. J Craig defines a feud thus b : " Feudum eft beneficium, feu be- " nevola & libera rei immobilis aut aquipollentis concefHo, rc minio directo, fub fidelitate & exhibitione fervitiorum ho- per and original meaning of a feud; time has fo much alter- ed it, that Hottoman thinks it mould be no longer called feu- dum, but feuda/lrum : the original intent and confederation of granting them was for afliftance in war; now, money is the chief confideration ; and variety of other than military fer- vices have been introduced. [ b De Jure Feudal, p. 4.2.] The vaflal or tenant could not alien his fee without the con- fent of his lord c. However it feems that this was not long rigoroufly obferved in England, fince Magna Charta, cap, xxxiiL provides, " quod nullus liber homo det de caetero am- " plius alicui de terra fua, quam ut de refiduo terrae (has poflet " fufficient. fieri domino feodi fervitium ei debitum quod per- ed; fince by Wert. 3. i8Ed. I. it was provided, that anyone might alien any part, or the whole, " ita ut feoffatus teneat de " capitali domino. In Scotland, where the feudal law is more Strictly obferved, alienating half without licence, incurs a forfeiture of the whole ; this they call recognition, and is the punifliment of the vafial's ingratitude. [ c Stryck. Examen Juris Feudalis, cap. xix. queft. 2.] Writers on the feudal law have diftinguifhed the fubJlmtiaUa, the naturalia, and the accidentalla of feuds.
 * ' fibi & hasredibus ita Iibere ad gladium, ut ipfe rex totam
 * hsec pofterior difpofitio magis affinis inveftituto videatur,
 * mino fuperiore mentio : propriufque ad allodii formam ac<
 * 6 cum utilis dominii tranllatione retenta proprietate, feu do-
 * ' neftorum." See his explanation, loc. cit. This is the pro-
 * tinet ad feodum illud." But neither was this well obferv-

F E R

Subjlantialia, called by Crai«; ejfeniialia, ate the eflcntiats, that is, qualities not implying each other, which if taken away the feud can rio longer fubfirt. Naturalia are the qualities fuperadded by law. Accidental™ are the qualities fuperadded by agreement of the lord and vaflal.

'The naturalia are different in different places, and always prefumed, unlefs it be otherwife agreed between the parties. The accidentalla muft be expreffed not prefumed. Vide J'P'ol- fit Horse Subf. Marburg, an. 1729. trimeitr. aeftiv. and Craig, p. 61.

Wolfius defines a feud thus, " Feudum eft, dominium utile M in re aliqua alteri a domino conceflum fub conditione fide- " litatis mutual.

" Subjlantialia funt determinationes eflentiales, quibus notio " feudi in genere abfolvitur.

" Naturalia funt differentiae fpecinca^ feudi auctoritate legis
 * communiter recepta'.

" Accidentalla Sunt differentiae Specifics fpecierum feudorum a " Specie juris auctoritate communiter recepta diverforum."

FELIS, in zoology, the name of a very comprehenfive genus, or rather order, of animals. Seethe article Cat, Supph This order takes in the lion, the tyger, leopard, cat of the mountain, lynx, ounce, and the domeftic cat. See the ar- ticles Lion, Tyger, &c. Suppl.

FEhh-wort, a name fometimes given to the gentiana, or gen- tian of authors. See the article Gfntiana, Suppl.

FELON-wwr, a name given to the folanum, or nightfhade of authors. See the article SolanuM, Suppl.

FENNEL, in botany, the Englifh name of a genus of plants called by authors fceniculum. See the article Foeniculum, Suppl.

Scorching Fennel, a name fometimes given to a genus of plants known among authors by that of thapfia. See the article Thapsia, Suppl.

Fen tint flower, in botany, a nanie fometimes given to the nigella of authors. See the article Nigella, Suppl,

FERMENT, (Suppl.) among phyftcians, is fometimes ufed in a fynonymous fenfe with putrefaction, or rather for a pu- trid habit of body, confidered as the caufe of malignant dis- orders.

But thefe authors are, neverthelefs, very careful not to con- found putrefaction with vegetable fermentation, accounting them only analogous proceffes ; for which reafon they ule the fame term for the putrefying and fermenting agent. It were to be wifhed, to avoid ambiguity, thative had two different words to denote the exciting caufe of thefe two inteftine commotions ; but this is the lefs to be expected, on account of the tenden- cy of all putrid animal fubftances to promote both animal pu- trefaction, and a vinous fermentation in vegetables. See the next article.

FERMENTATIONfS^/.; — In order to afcertain the fer- mentative quality of animal fubftances, Dr. Pringle, in the Ap- pendix to his Obferv. on the Dif. of the Army, has made Se- veral curious experiments : bread and water only ftood Seve- ral days, in a furnace, heated, as ufual, to 100 degrees ; but two drams of frefti meat being added to double the former quantity of bread, and water in proportion, the mixture began to ferment in a few hours, and continued to do fo about two days. For the moft part the fermentation was fo ftrong that if the corks had not frequently given way the phials muft have burft. The bread and flefh which at firft lay at the bot- tom, foon rofe to the top, and, conftantly, as the air elapf- ed, let fall fome particles that had been buoyed up by the fluid ; thus a fediment was formed, refembling lees, whilft the lighteft part, or flowers, remained on the furface; but the fermentation continuing, thefealfo fubfided, and the acid tafte and fmell of the liquors, after the action ceafed, was a farther proof of the preceding fermentation. This change was the more extraordinary, that when the motion began the mixture was tending to corruption, and, in effect, in a few houfs af- terwards, became offenfive ; but next day the putrid fmell abated, and went oft*, before the fermentation ceafed. The doctor made feveral other experiments, to the fame pur- pofe, and with nearly Similar effects ; from all which, he thinks it probable that moft animal fubftances tending to pu- trefaction, are endowed with a power of railing a fermenta- tion in the farinacea, and even of renewing that action infuch as have undergone it before.

The effect of fermentation therefore is to change putrid fub- ftances to a rtate of acidity, which they not only retain, but grow ftill more-and more acid. It is obferved, indeed, that the acid arifing hota fermentation has fomethingof an auftere and faltifh tafte, but without any offenfive fmell. Now, conlidering how much air is generated by fermentation, it may Seem ftrange that the fame materials, ufed as food, fhould make fo little difturbance in the body. And the difficulty would be the greater, did the faliva, as fome Suppofe, promote both fermenta- tion and putrefaction. See the article Saliva. From this theory of fermentation the doctor accounts for the fournefs or acidity of the ftomach, a diforder to Which many people are fubject ; fince not only a ftrong, -but an auftere acid may be produced from the food of thofe who live on flefh, bread, and water only, as often as the llomach i« relaxed,