Page:Cyclopaedia, Chambers - Volume 1.djvu/764

 FEE

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FEE

Lords, after the Deftructioh of the Roman Empire, hav- ing in feveral Parts ufurp'd the Property of their Benefices; laid likewife hold of the Jurifdiction; and made their Va(- i'als their Subjects, lo that each became a fort of petty So- vereign in his own Territory.

Mezcray obferves, that the Donation of Fees to the No- blerfe of France commenc'i under the Principality of Charles Martel.

Hugh Capet; when he came to the Crown, was himfelf fo little eftablifh'd, that he duril not oppofe thole Ufurpa- tions ; and was forc'd to fufTer, what he could not redrefs. See le pevre, de (Origins, lies Fiefs : and Hauteferre's Ori- gines Feudorum fro Moribus Gallite.

The Origin of Fees in England, Cambden attributes to Alexander Severus. That Prince having built a Wall in the North of England, to prevent the Incurfions of the 'Pitts ; he fome time after, began to neglect the Defence thereof, and gave, as Lampndius affures us, the Lands conquer'd from the Enemy, to his Captains and Soldiers, whom that Author calls Limitarios Duces, & Milites, i. e. Captains and Soldiers of the Frontiers; but it was on this Condition, that their Heirs ftiould continue in the Service; and that the Lands mould never defcend to private Perfons, i.e. to fuch as did not bear Arms. That Prince's Reafon -was, that People, who in ferving defended their own, would ferve with a deal more Zeal, than others.

Such was the Rife of Fees in our Nation, according to Cambdcn. Sritan. p.6°;i.

All our Lands in England (the Crown Land which is in the King's own Hand, in right of his Crown excepted) is in the Nature of Feude or Fee.

For tho' many have Land by Defcent from their Anceftors, and others have bought Lands ; yet cannot Land come to any, either by Defcent, or Purchafe, but with the Burden that was laid on him who had the Novel Fee, or who firft received it as a Benefice from his Lord to him, and fuch as ihould defcend from him, or to whom it fhould be otherwife convey'd and transfer'd ; fo that no Man has directum Do- minilim, i. e. the very Property orDemain in any Land, but the Prince, in right of his Crown. Camb. Britan.p. 93.

Tho' he who has Fee, has Jus perpetuum, and utile Dominium, yet he owes a Duty for it; fo that it is not ftricfly his own. Indeed, as much is imported by the Terms in which we exprefs our higheft Right in Lands, £5?c. the moll he can fay, is, I am feiz'd of this Land, in my De- main, as of Fee.

In the Stat. 37 lien. 8. cap. 16. Fee is alfo us'd for Lands inverted in the Crown ; but 'tis from Ignorance of the Im- port of the Word ; for Fee cannot be without Fealty fworn to a Superior : But the King owns Fealty to no Superior, but God alone.

The Words Fee, Feud, or Fief, are deriv'd by fome Au- thors from fxdus, as arifing from Treaty, or Alliance, made with the Lord : Others, as Cujas, Sic. fetch them from fides, on account of the Faith the Perfon is oblig'd to bear his Lord : Others derive them from the Saxon ¥eh, Hire, Wages, q. d. Status beneficiarius.

Bodin takes the Latin Fednm to be form'd by Abbrevia- tion of the initial Letters of Fi delis Ero Domino Vcro Mco, which is an antient Formula of Fealty and Homage. Ni- ccd derives it from the German Feld, which lignifies the fame Thing : Hottoman from Feed, a German Word, fig- nifying War : Pontanus from the Danilb Feide, Militia: Others from the Hungarian Foeld, Land : Others from foden, to feed : But the Opinion of Seidell, feems the beft authoriz'd, who brings it from the Saxon peon, Stipendium; the Fee being a kind of Prebend to live upon ■ and accord- ingly wc find, that in antient Times it was us'd for the Wages, and Appointment of Officers.

Fee is divided in our Laws, into Fee abfolute, call'd alfo Pee Simple ; and Fee Conditional, alfo call'd Fee 'tail.

Vtz-Simple, Feudum /implex, is that, whereof we are feiz'd to us and our Heirs, for ever.

Fee-71h/, Feudum taliatnm, is that, whereof we are feiz'd with Limitation to us and the Heirs of our 'Body. Fee-tail 'is of two kinds, General, and Special.

Fee-tail general is, where Land is given to a Man, and (he Heirs of his Body; fo that if a Man feiz'd of fuch Land by fuch Gift, marry one, or more Wives, and have no If- fue by them, and at length marry another, by whom he hath Iffue ; this Iffue fhall inherit the Land.

Fee-tail fpecial is, where a Man and his Wife are feiz'd of Lands to them, and the Heirs of their two Bodies; be- caufe in this Cafe, the Wife dying without Iffue, and he marrying another, by whom he hath Iffue; this Iffue can- not inherit the Land, it being efpecially given to fuch Heirs, &c.

This Fee-tail fpecial has its Origin from the Stat, of Weftm. i. cap. 1. Before that Statute, all Land given to a Man, and his Heirs, either General, or Special, was re- puted in the nature of a Fee ; and therefore fo firmly held to him, that, any Limitation notwithstanding, he might

alienate it at plcafure. For Redrefs of which Inconveni- ence, the Statute provides, that if a Man give Lands in Fee, limiting the Heirs to whom it fhall defcend, with a Reverfion to himfelf, and his Heirs for Default of fuch for- mer Heirs ; that the Form and Meaning of the Gift fhall be obferv'd.

Fee is alfo us'd for the Compafs or Circuit of a Manor, or Lordfhip. Thus Brailon, in eadem Villa, iS de cedent Feodo. — ■ —

Alfo for a perpetual Right Incorporeal ; as to have the keeping of Perfons in Fee : 'Rent granted in Fee .- an Office held in Fee, Sic.

Laftly, Fee flill fignifies a Reward, or ordinary Due, given a Perfon for the Execution of his Office, or the Per- formance of his Part, in his refpective Art or Science. Thus, the Lawyer, and Phyfician, are faid to have their Fees, i. e. Confiderations for the Pains taken with the Client, or Patient. A Barrifter, or Phyfician, are fuppos'd to re- ceive their Fees from time to time, as their Service is per- form'd : They cannot make a Bill.

Tut-Expcctant, Feudum expcHativum, fee Expectant.

Fee-P^j-w, or ViLTL-Ferm, Fcudi-firma, or Fecfimm, fignifies Lands holden to a Man and his Heirs for ever, un- der Rent.

Fee-Farm arifes, when the Lord upon Creation of the Te- nancy referves to himfelf, and his Heirs, either the Rent for which it was before let to Farm, or at leaft a fourth Part of the Rent; and that without Homage, Fealty, or other Services more than are efpecially compriz'd in the Feoffment.

Tho', by Fitz-herbert, it appears that the third Part of the Value may be appointed for the Rent, or the finding of a Chaplain, to fay Divine Service, %£c. And the Nature of it is this, that if the Rent be behind, and unpaid for the Space of two Tears; then the Feoffer or his Heirs have Action, to recover the Lands as their Demeans. See Farm.

Fees are alfo fettled Perquifites, or Allowances, paid to Publick Officers, by Perfons who have Bufinefswith them.

The Smallnefs of the Salaries of divers of the Queens Servants, is compenfated by the Perquifites, or Fees of Ho- nour.

The Fees paid to the feveral Officers by every Perlon, upon his being knighted, amount to 78/. 13 s. $d. And if it be done within the Verge of the Courts, there is three Pound more to the fix Pages of the Bed-Chamber, which brings it to 8 1 /. -

FEELING, or touching, one of the external Senies, whereby we get the Ideas of folid, hard, fift, rough, hot, cold, wet, dry, or other tangibly Qualities.j as alio of jJi- (lance, titillation, Itching, Tain, &c. See Sense, Solid v "Hard, i$c. ■ . ..

Feeling, is the groffeft, but at the fame time the molt, extenfive of our Senfes ; having more Objefts than all the reft taken together : And fome even reduce all the other Senfes, to this one of Feeling.

Ariftotle is exprefs, that all Senfation is only Feeling; and that the other Senfes, as Seeing, Hearing, tafi .. and Smelling, are only the more exquifito Species or Degrees thereof. 'De Anim. lib. a,, c. 3. and lib. 3. c. 12. See See- inc, Hearing, &c.

Naturalifts are divided as to the Organ, or Inftrument of Feeling.

Ariflotle takes this Senfe to refide in the Flefh, quatcnus Flefh; inafmuch asallFlclfi, is, in fome meafure capable of feeling. Hift. Anim. L. J. c. 4. Others will have it in all the Parts that have nervous Fibres ; which extends it to the Skin, Flefh, Mufcles, Membranes, and Parenchyma's: Others reftrain it to the Skin, or Cutis ; it being oblerv'd, that only thole Farts cover'd with a Cutis, have properly the Facul- ty of touching, or. perceiving tangible Qualities. But what part of the Cutis to affign immediately for this Office, is again difputed.

Some will have it the membranous Part ; others the Car- nous ; and others the medullary Part, derived from the Nerves.

Malpighi, and after him, all our Iateft, and beft Authors, hold the immediate Organ of the Senie of Feeling, to be the pyramidal Papilla: under the Skin.

Thefe Papilla: are little, foft, pulpous, medullary, ner- vous Prominences, lodg'd every where immediately under the Cuticula. They are form'd of the fubcutaneous Nerves, which in order hereto, firft lay afide their outer Mem- brane, and are left exceedingly foft, and ienfible ; are con- tinually moiften'd by a thin,'fubtle Humor ; and only co- ■ vered over, and defended by the Cuticle, or fcarfSkin. They are largeit, and moft conipicuous in thole Parts, chiefly defign'd for the Office of Feeling, viz. the tongue, tips of the dingers, and toes; and are contractile, and again ex- panfive at pleafure, See Papill/e ; fee alfo Tongue. Finger, &c.

peeling