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summons, were given over to the Freischoffen. The plaintiff ought to have set out proper wood for the first Freischoffe who met him was bound to hang purpose of repairs, which he had neglected to do. him on a tree, or, if he made any resistance, to put the plea was held to be bad, because it did not aver him otherwise to death. A knife was left by the any request to the plaintiff so to do, or a custom of corpse, to show that it was not a murder, but a pun- the country in that respect.-Whitfield v Weedon, ishment inflicted by one of the Freischoffen. Com- 2 Chit. 685. By 7 and 8 Gun. IV. c. 29, ss. 23, 40, 44, pare Wigand, Das Fehmgericht Westfalen's (Hamm. the destruction of fences is declared to be punish1825), and Usener, Die Freiund heimlichen Gerichte able sumviarily with a fine of not more than £5; Westfalen's (Frankfort, 1832).
or in the case of a deer-park fence, with £50. The FENCES, in Agriculture, serve the twofold statute is limited to England. purpose of enclosing animals on pasture-grounds,
United States. A lawful fence in most of the states and of protecting land from straying animals. They of the Union is defined as any structure of wood or are formed of a great variety of materials, and of stone of the nature of a fence, close, strong, and suffie very different structure. In countries where wood cient to prevent the passage of horses, cattle, sheep, or stones are scarce, more especially where they and, in general, also swine. Division or partition have been long settled, hedges, formed of various fences are required to be erected and kept in repair at kinds of plants, are common.
These, when well the joint expense of the owners of property to be pro kept and managed, give a clothed and picturesque tecied. In Maine, Massachusetts, New York, also in appearance to the landscape. The hawthorn is the Ohio and the north-western states, Fence-viewers are favourite hedge-plant in this country. See HEDGES. chosen, to whom questions in dispute relative to the
When stones are used as fences, they are built as rights and duties of owners of fences are referred. walls. The form and mode of building varies with The height of fences considered lawful varies in the the nature and quality of the stones, and the degree different sections of the Union, but in general in New of taste and nicety required. Aberdeenshire forms England and the north-western states, post-and-rail its walls or dykes surrounding its fields with the fences must be at least 44 feet high, and worm fences, granite boulders that are strewed over the surface not ridered, at least 5 feet. In New Jersey, a feuce of the country. The graywacke'affords slaty stones, must be 4 feet 2 inches if of posts and rails, boards, which give the walls their peculiar form in other brick, or stones, but 44 feet if of any other material, parts, and so with the various kinds of sandstone. In Pennsylvania, Maryland, South Carolina, Alabana,
In new countries, where wood is abundant, the Florida, Mississippi, Missouri, Tennessee, Kentucky, fences are all of this material. The snake-fence, and Texas, a fence must be 5 feet high, and in Calinamed from its zigzag form, is made by merely lay: fornia, if of rails, 54 feet. In Georgia, all fences ing the ends of trees above each other, and requires must be six feet high. In Maine, Massachusetts, no other means of fixing. As wood becomes more Vermont, New Jersey, and Pennsylvania, owners of valuable, it is made into stobs and rails. The land are not bound to fence against cattle on the highstobs are driven into the ground from two to three ways, while in Connecticut, New York, South Caru yards apart, and from four to five rails are nailed lina, Georgia, Alabama, Florida, and Tennessee, they across, according to the purpose it is meant to are required to protect their property by a lawful serve. The stob and rafter fence is made by driving fence, or fail to obtain damages for injury by trespass, the stobs from three to four inches apart, and In New Hampshire and Ohio, railway companies are binding the whole by a rafter or rail nailed across obliged to maintain a lawful fence along their line of the top. This is one of the strongest of wooden road. In Ohio and Wisconsin planters are permitted fences, but requires more material than the other. to protect their young hedges by fences six feet be.
Iron or wire fencing has come much into use of yond the precise line of road, upon which also a hedge late. Vast stretches of waste land in this country, may be planted. In these latter states, any person as well as pastures in Australia, have been enclosed who shall open an enclosure, or leave the fence-bars or by means of wire-fencing. Strong wires are stretched gate open, shall be fined, on conviction, not more than on posts firmly secured in the ground, from 100 $100, or be imprisoned not exceeding thirty days, if to 200 yards or more apart. Intermediate or lighter prosecuted within one year. For a digest of the laws posts are put in at from two to three yards' dis- l of the states respecting fences, see Hedges and Even tance. After the wires are fully stretched, they greens, by Dr. J. A. Warder, New York, 1858. are fixed to the smaller posts; when of wood, by
FENCIBLE, a word, of doubtful origin, mean. means of staples, or threaded through, when of iron. ing defensive. Regiments raised for local defence,
Law regarding Fences.- In England, it is held to or at and only for a special crisis, used to be be the duty of the occupier of lands to repair and denominated 'Fencible.” In the last French war, uphold fences, and not of the landlord ; and without the local, as distinguished from the general militian any special agreement, the landlord may maintain an action against the tenant for not doing so. Though
was called fencible, and many of the volunteer
corps styled themselves the Royal -shire a tenant from year to year is not bound to put the fences and other buildings on his farm into repair, character still bearing the title is the Royal
Fencible Infantry. The only regiment of this he must not do anything that amounts to waste, or Malta Fencible Artillery,' although the Ceylon to a breach of the rules of good husbandry. He Rifle Regiment has also essentially the character carnot cut and sell hedgerows, or if he does so, he
of fencible. must make up the hedges and fences according to the course of good husbandry. If there be a FENCING may be described, for a general quickset fence of white thorn, and the tenant shut definition, as the art of defending one's own body it up, or suffer it to be destroyed, this is destruction; or assailing, another person's in fair fight by the but cutting up quicksets is not waste, if it preserves aid of a side-weapon-.e, by a sword, rapier, or the spring. --Woodfall On Landlord an. Tenant, bayonet. Technically, fencing is usually limited pp. 456, 457, and cases cited. Where, in answer to to the second of these ; and works on the art a declaration against a tenant for not using premises touch only on attack and defence with the foil in in a husbandlike manner in repairing fences, on his pastime, and the rapier in actual personal combat implied obligation to do so, the tenant pleaded that The present opportunity will
, however, be taken the fence became out of repair by natural decay, to introduce the elements of single combat with and that there was no proper wood which he had a foil, sword, and bayonet. The objection formerly right to cut for repairing the fences, and that the existed that instruction in fencing encowaged
propensity to duelling ; but as that absurdext of the guard. If the parade were called the 'parry,' it absurd customs has entirely ceased-at least in would convey its meaning more readily to English Britain—to demand its annual victims, no such ears. Another, and perhaps more appropriate name objection now holds. Fencing may therefore be for thrust, is the 'lunge' or ' longe,' as the thrust bafely learned and taught as an elegant and manly is almost always accompanied by a lunge forward accomplishment, developing gracefulness and acti- of the right foot, to give at once greater force and vity, wbile it imparts suppleness to the limbs, longer command to the blow. strength to the muscles, and quickness to the eye. The following are directions for the principal This regards fencing with the foils (the rapier has guards and thrusts, which may also be seen depicted disappeared with the duels which employed it); roughly in the sketches below. but instruction in fencing with the sword ard Carte, Guard.—Turn wrist with nails upwards ; bayonet, while conferring the same advantages, has hand on a line with lower part of breast; aria in addition the recommendation of helping to fit the somewhat bent, and elbow inclined a little to the student for taking an active part in any general outside ; point of foil elevated at an angle of about national defence that political circumstances might 15°, and directed at upper part of adversary's render necessary. The Foil (q. v.) is a circular or breast. polygonal bar of pliable and very highly tempered Thrust. - Being at the guard in carte, straighten steel, mounted as any other sword, and blunted at the arm, raise the wrist above the head, drop the the point by a ' button,' to prevent danger in its use. foil's point to a line with the adversary's breast, throw From its nature, the foil can only be employed in first the wrist, and then the whole body, forward thrusting, and, being edgeless, it can be handled by a lunge with the right foot of two feet from the without liability to cutting wounds. The length of guard, the left foot remaining firm. The left hand the blade should be proportioned to the height of should be dropped during the lunge to a level with the person using it-31 inches being the medium the thigh, and to a position distant about a foot length for men, and 38 inches from hilt to point from the body; it will then afford a good counterthe maximum allowable. As a protection against poise to the sword-arm. During the whole action, accidental thrusts, the face is generally guarded the body must be perfectly upright. When per: by a wire-mask. The two portions of the blade formed briskly, it appears that the point and foot are known as the “forte' and the 'feeble;' the are advanced simultaneously, but in fact the point first extending from the hilt to the centre, and the has, or should have, priority, in order that the other from the centre to the point.
instantly following lunge may drive it home. Most In drawing, advance the right foot slightly to the of these observations concerning thrust in carto front, take the scabbard with the left hand, raise apply equally to all other thrusts. the right elbow as high as the shoulder, seize the hilt with right hand, nails turned inward, and having drawn the foil, pass it with vivacity over the head in a semicircle, and bring, it down to the guard (of which presently) with its point towards the adversary, not higher than his face, nor lower than his lowest rib. Simultaneously with the weapon being brought into position, the left hand with fingers extended should be raised to a level with the head, as a counterpoise in the various motions to ensue. In establishing the position of guard, the right foot must be advanced 24 inches before the left, the heels in a straight line, and each knee slightly bent, to impart elasticity to the movements, but not too much, lest the firmness of the position be diminished. In fencing, there are three openings or entrances
Fig. 1.-Carte. -the inside, comprising the whole breast from shoulder to shoulder ; outside, attackable by all the Carte over the arm is a variety of this thrust. thrusts made above the wrist on the outside of the The sword is driven outside the adversary's blade, sword ; and the low parts, embracing from the arm- from the carte position, but in the tierce line. pits to the hips. For reaching and
guarding these Low Carte.- Engage adversary's blade in carte, entrances, there are five positions of the wrist, then drop point under his wrist, in a line to his prime, seconde, tierce, carte (quarte), and quinte. elbow, and thrust at his tlank, the body being con. The most important, and those to commence with, siderably bent. are carte and tierce, from which are derived the Flanconnade or Octave.- Engage adversary's blade subordinate positions carte over the arm, low in carte, and bind it with yours, then carry your carte, and flanconnade or octave.
point behind his wrist and under his elbow : withTo engage is to cross swords with your adversary, out quitting his blade, plunge your point to his pressing against his with sufficient force to prevent flank. any manquvre taking you unawares. To disengage Tierce, Guard—As in carte, the nails and wrist is to slip the point of your sword briskly under his being somewhat more downward, and the arm blade, and to raise it again on the other side, presg- stretched a little outward, to cover the outside. ing in a direction opposite to that of the previous Parade.—Move arm, from the guard, obliquely
downward to the right about six inches, and cppose The guard in each position is a passive obstruc- the inside of the adversary's blade. tion to the opposing thrust; the parade is an active Thrust.- From the guard, turn wrist with nails obstruction, in which the guard is first assumed, downward, the same height as 'n carte, the inside of and the blade then pressed outward or inward by the arm in a line with the right temple ; then thrust a turn of the wrist against the adversary's sword, and lunge as in carte. 80 that when thrust at your body it shall be Seconde, Parade.-Nails and wrist downward, hand diverted from its aim, and held off. The parade opposed outward, and blade, pointing low, should muy therefore be regarded as a mere extension of form an angle of about 45° with the ground.
Thrust – The same as tierce, but delivered under with shoulder, nails up: by quick motion of wrist the adversary's wrist and elbow, to a point between sweep point from riglīt to left in a circle covering
Fig. 5. -Quinte. his right armpit and right breast: the body to be your body from head to knee, until the adversary s more bent than in carte or tierce,
blade is found and opposition established.
The parades parry thrusts as follows:
Carte, with wrist low, parries low carte and seconde; with wrist raised, all the thrusts over the point on the inside of the sword and the flanconnade.
T'ierce parries high carte; with raised wrist, parries tierce.
Seconde parries all lower thrusts, both inside and outside.
Half-circle parries carte, high carte, tierce, and seconde.
Prime parries carte, low carte, and seconde.
In all parades or parries, care must be taken that in covering the side attacked, the parade is not so wide as to expose the other side to the enemy. A
steady countenance, shewing no disquietude at any Fig. 3.-Seconde
aitempt he may make, is, above all, necessary in
parades. Prime, Parade.—In using prime to parry the Every parade has its return, which should be thrust in seconde, pass your point over the adver- made with vivacity and decision. A thrust can be Bary's blade, lower it to the waist, keeping your returnei when the adversary thrusts, or when, wrist as high as your mouth, nails downward, elbow baffled in his attack, he is recovering to his guard bent, and body held back as far as possible. The In the first case, no lunge is necessary, the return left foot should also be drawn backward a few being made from the wrist : this return requires inches, to remove the body further from the hostile great skill and quickness, since the adversary should point.
receive the thrust before, by finishing his own, he Thruste-An extension movement from the parade. has touched your body.
Ordinary Returns.—After carte party, return in carte; after tierce, return in tierce; after parrying high carte, return seconde ; after parrying seconde, return in quinte; after parade in prime, return secoude or low carte.
Feints, of which there are many varieties, consist in threatening an attack on one side of the sword, and then executing it on the other. The best parade against a feint is that of the half. circle, which will be sure to find the adversary's point.
Advance and Retreat are motions of attack of withdrawal, performed by advancing the right, or withdrawing the left foot suddenly about 18 inches, and instantly following it with the other foot. As
the adversary advances, you must retreat, unless Fig. 4-Prime.
prepared to receive him at the sword-point.
Salute.—The salute is a courteous opening of tne Quinte, Parade.—Wrist in high carte, sword-point fencing, and consists in gracefully taking off the low, and oppose adversary from the forte of the hat, while, with the foils, your adversary and your. outside edge of your blade.
self measure your respective distances. Thrust.—Make a feint on the half-circle parade, Appels or beats with the right foot, beats on the with the wrist in carte; disengage your point over adversary's blade, and glissades or glidings of one the adversary's blade, and thrust directly at his sword along the other, are motions intended to flank.
confuse the enemy, and give openings for thrusts. Half-circle, Parade-One of the principal defen Voltes, demi-voltes, and disarming, were manæuvres sive parmlos: straighten arm, keep wrist in line formerly taught with care, but they are now quito
discarded in th} academies of England and France, in the several gnards by which the cuts are opposed. as useless and undesirable.
The sword handles illustrate the situation of the In Spain and Italy, considerable differences of right hand with reference to the centre of the body. practice from that in France and England prevail. The points or thrusts are shown by the blacs The left hand is used as an auxiliary in parrying, circles. That towards No. 1 should be directed and in Italy is aided by a dagger, or sometimes a with the wrist and edge of the sword upwards to cloak. The Spaniard, though trusting to his sworil the right; towards 2, with the edge upwards to the and left hand only, has his blade five feet long, with left; and in the 3d point, with the wrist rising to sharp edges; his guard is nearly straight, and one the centre, and the edge upwards to the right. of his favourite attacks is by a cut (not thrust) at The 'parry' is an acklitional defensive movement, the hiead.
and consists in bringing the wrist nearly to the In an article limited in length as this must right shoulder; whence, as centre, a circular sweep necessarily be, it is impossible to give more than of the sword is made from left to right. the merest outline of the various motions; but, of A considerable latitude is allowable in regard to course, in actual practice, there are endless varia- the cuts, as to the part of the adversary's Lody at tions of the different modes of attack and defence, which they are directed, provided the general which will be severally adopted according to the inclination of the blow be observed ; similarly, the skill and option of the fencer. There is no finer cut may at times be parried by a guard other than indoor exercise than fencing, as the muscles in that intended specially for it, according to the dis. every limb are developed and strengthened by it. cretion of the fencer. The great requirements for success are a steady eye In engaging, or joining swords, with the enemy, and hand, a quick purpose as quickly executed, and, press the blades but lightly together, so that the perhaps above all, perfect equanimity of temper. hand and wrist may be readily susceptible of any
THE SWORD EXERCISE differs from fencing with motion. In making the guards, care must always the foil; in that, the weapon employed has one be taken to receive, if possible, the feeble of the cutting edge as well as a point, and is therefore enemy's blade on the forte of your own, so as to intended to cut and thrust.The sword is the arm offer the greater opposition. It should also be borne of all officers in the army and navy, of many non- in mind that, in all cuts at the leg, when at proper commissioned officers, and constitutes the sole mode distance, the shifting of your own leg, and delivering of attack and defence for the officers of the British a cut at the same moment, becomes the inost effecvolunteers. A certain degree of proficiency in its tual and advantageous defence, particularly if you use is therefore always serviceable. In practice, the happen to be taller than your adversary, as you will usual substitute is a stout, straight stick, called a then probably be out of his reach, while he is within * single-stick,' having a basket-handle to protect the yours. knuckles.
In contending with bayonet or pike, the most The position of the combatant is the same as effectual guard is the 5th, which, if well timed, that assumed in fencing with the foil; the lunge is enables the swordsman to seize the musket or pike similar, as are also the advance' and . retreat,' and with his left hand, and then make the 6th cut at his other minor points. According to the instructions opponent's neck. In an encounter with the rapier, of drill-masters, there are seven cuts, with seven the best cuts are Nos. 3 and 4, as they attack the corresponding guards, and three thrusts. The enemy's arm, which must be advanced within reach theoretical directions of all these are shewn on the before he can touch your body, and also constitute accompanying diagram, which represents a targeta defence against his thrust. If the enemy-no placed opposite a pupil, so that he may see the matter how armed-be on horseback, the dismounted motions he is expected to perform displayed before swordsman (provided he have proper nerve and him. The centre of the target is supposed to be in agility) has decidedly the advantage. Endeavour to a line with the centre of his Creasta
place yourself on his left, where he has less power of defending himself or his horse, and cannot reach to
80 great a distance as op his right: an attack on the CUT
horse will probably render it ungovernable, and it becomes easy then to avoid the rider's blows, while
he himself may be attacked with impunity in almost
6** GS Sc:
BAYONET EXERCISE.-If the sword exercise be
of use to volunteer officers, there are at least thirty 2G:
times as many volunteers themselves to whom å IUT 6
proper command of the bayonet is indispensable. In close-quarter engagements, there is no weapon more formidable : from its length and weight, the thrust of the bayonet gives a terrible wound, and ita force is such that there is great difficulty in parrying the attack. Like other small-arms, it is most serviceable when handled on scientific principles; and
the art of using it to advantage is so simple as to be OUT
very easily acquired, while the exercise, from the 3 POINT
weight of the rifle, admirably aids in developing the Fig. 6.
muscles of all parts of the body.
Of course, the bayonet is always fixed at the end The cuts proceed from the circumference towards of the musket, when it becomes virtually a pike. The the centre along the thick lines. Nos. 1, 3, and 5 position of the feet in the bayonet exercise remains are inside cuts, and attack the left cheek, left side, always the same relatively, and absolutely until and inside of the right leg respectively; 2, 4, and 6 advance or retreat be effected. The right foot is are outside cuts, attacking the enemy's right cheek, thrown back 24 inches, and the weight of the body right side, and right leg on the outside. No. 7 is a thrown upon it. The heels are kept in a line with vertical cut, aimed at the head.
each other, both knees bent and well apart; the The dotted lines show the position of the sword | right knee directly over the foot, the left easy and
Alexible, pointing to the front. In this position of the may suggest. In contending, with a swordsman, body, all the defensive motions of the bayonet are the action of changing from right to left, when at made. In 'guard,' the bayonet is brought nearly to a horizontal direction, level with the waist, and pointing towards the breast of an advancing enemy: Similarly, to 'guard,' the positions 'low,''high,' and
second point' are assumed, the onet pointing as shown by the dotted lines in fig. 7. The butt of
the 'high' or 'low,' is sufficient defence against the ordinary cuts of the latter.
Among the treatises consulted for this article Fig. 7.
have been the works on fencing by Angelo and
Roland, as well as the shorter instructions issued The rifle is always kept well to the right side, the by the military authorities. daad behind the trigger-guard, and the whuie body FENELON, FRANCIS DE SALIGNAC DE LA MOTH, in attitude to offer great resistance. In 'low,' the was born, August 6, 1651, in the château Fenelon, barrel is turned downwards ; but in all the other province of Perigord, now included in the departdefensive motions it is held upwards. The positive ment of the Dordogne, of a family, which has given of the arms is in each case that which would natur- many celebrities both to the church and to the state ally be taken in placing the bayonet and musket in France. His education was conducted at home in the required direction.
up to his 12th year, when he was transferred to The offensive position of the body is acquired by Cahors, and afterwards to the Plessis College in the extension of the right leg, and bensiing forward Paris. At the close of a most blameless collegiate of the left without moving the feet. The buit oi career, he selected the church as his profession, the rifle is at the same time pressed firmy to the j and entered, in his 20th year, the newly founded shoulder. This position is called 'point,' and con. seminary of St Sulpice, then under the direction of stitutes an extension of the weapon in a directioa the celebrated Abbé Tronson, where he received parallel with either of those previously taken. As holy orders in 1675. Unlike but too many ecclethere were four "guards,' so there are four points, siastics of his own rank at that period, he gave his which are shewn in fig. & The barrel is in each whole heart to his sacred calling. For some time
after his ordination, he was employed in attendance at the hospitals, and in other parochial duties of the parish of St Sulpice; and in the year 1678, he was named director of an institution recently founded for the reception of female converts to the Roman Catholic faith, in Paris. During his tenure of this office, he wrote his first work, On the Education of Girls, which is still a standard authority; and the gentleness, moderation, and charity with which he discharged his duties towards the young converts, led to his appointment as head of a mission, which, on the revocation of the Edict of Nantes in 1685, was sent to preach among the Protestant population of Saintonge and Poitou. In 1688, he resumed his duties in the Maison des Nouvelles
Converties, at Paris; and in the following year, he hig. &
was named by Louis XIV. to the highly confidential
post of preceptor of his grandson, the young Duke of case upward, and the motions for each are similar, Burgundy. F.'s management of this most important except in pointing from 2d point,' when the rifle, and delicate trust shewed how well he understood seized by the right hand round the small of the the true nature and objects of education. All his butt, is thrust straight up above the head to the own instructions, and all the exercises enjoined upon full extent of the arm, the left hand falling along his pupil, were so contrived, as, while they imparted the thigh, and the legs being straightened so as to the actual knowledge which it is the ordinary busiform an isosceles triangle.
ness of a master to communicate, at the same time Shorten arms' is a useful motion, both as a served to prepare the mind and the heart of the puri defence and as a preparation for a strong attack. It for what was to be the real business of his life, by consists in carrying the butt back to the full extent impressing upon him a sense of the responsibility of the right arm, while the barrel (downwards) rests which awaited him, of the great principles of truth upon the thick part of the left arm. The body is and justice upon which these responsibilities are thrown upon the right leg, and the left straightened. founded, and of the hollowness and futility of all This powerful position is seen in the annexed cut. earthly glory, power, and happiness, which do not
In all the guards and points, and also “shorten rest upon this foundation. To this wise design of arins,' the bayonet may be turned directly to the the preceptor we are indebted for many works stil front, to the right, or to the left, as circumstances popular in educational use; for the Fables, for the