FENELON.

Dialogues of the Dead, for the History of the Ancient suggested by the diocesan censors, cheerfully agreePhilosophers, for the germ at least of the Tele- ing to the stipulation of the archbishop, that it should machus, and for the Life of Charlemagne, the be kept back from publication until the completion manuscript of which last work, unfortunately, of the rival treatise of Bossuet, On the States of was burned in the fire which destroyed the archi- Prayer. An unfortunate violation of this engageepiscopal palace of Cambray in the year 1697. As ment, committed without the knowledge, and in the an acknowledgment of these great merits, he was absence of F., was the last of a long train of causes presented by the king, in 1694, to the Abbey of St which led to the painful and disedifying rupture Valery, and in the following year, to the Arch- between these two great prelates. F.'s book was bishopric of Cambray, which he only accepted on received with much clamour, that of Bossuet was the express condition, that for nine months of each universally approved; and in the controversy which year he should be exempted from all duties as ensued, all the weight of the displeasure of the court, preceptor of the prince, and left at liberty to devote which F. had provoked by the covert strictures upon himself exclusively to the care of his diocese. It is the existing state of things, in which he was believed to this period of F.'s life that the history of the to have indulged in his works of fiction, was brought unhappy controversy about Quietism belongs. With- to bear against him. He was ordered to submit his out entering into the details of this singular revival book to the judgment of an ecclesiastical tribunal, of the ancient Mysticism (see MYSTICISM), it will be of which Bossuet was a member. F. refused to enough to say that two separate schools of Quietism accept Bossuet as judge, on the ground that he had are to be distinguished, the moral character, or at already prejudged the cause; and in the end he least the moral tendency, of which was execedingly appealed to the judgment of the holy see. Unfordifferent. See QUIETISM. In one of these, the tunately, even while the affair was pending at Rome, common mystic principle of the absorption of the the controversy was still maintained in France. soul in the love and contemplation of God, led to Bossuet published a succession of pamphlets. Several the conclusion, that the soul, in this state of absorp- of the bishops who had espoused the side of Bossuet, tion, became entirely passive; that it was thence-issued pastorals in the same sense. F. defended forth independent of the external world; that it himself vigorously against them all in several publisuffered no contamination from the material actions cations, explanatory as well of his principles as of the of the outer man, and that no acts of virtue, not personal imputations in which some of his adversaries even of prayer, were any longer required. See did not scruple to indulge. The last blow against MOLINOS. The other school, while it maintained the the ancient friendship of the great rivals was struck theory of passive contemplation and love, yet repu- by Bossuet in his celebrated Relation sur le Quiétisme. diated the dangerous and immoral consequences F. was wounded to the heart. The copy of Bossuet's which were deduced therefrom. It was exclusively pamphlet which first came into his hands is still the latter and less objectionable form of Quietism, preserved in the British Museum; and the margin is the professors of which for a time claimed, although literally filled with remarks, annotations, replies, not the patronage, yet at least the indulgent con- denials, and rejoinders, in the singularly delicate sideration of Fenelon. He formed, in the year 1687, and beautiful handwriting of the indignant arch. the acquaintance of the celebrated Madame Guyon, bishop. The copy now in the British Museum is who inay be regarded as the foundress of the French most probably one which, as we learn from his corschool of Quietism. See GUYON. The extraordinary respondence, he sent to his agent at Rome, and on piety and exemplary life of this remarkable woman, the margin of which he corrected, for the guidance and his own natural bias towards the tender and of his friend, the many false and exaggerated charges lofty spirituality which she professed, appear to have of his great antagonist. The substance of these blinded F. to the true nature and to the practical replies he gave to the public in a most masterly consequences of the system which she followed. defence, written, printed, and published within little Fully convinced of the unfairness of much of the more than a fortnight from the appearance of Bosoutery which was raised against her, and which made suet's Relation. From this point, the controversy her responsible for all the principles of the grosser assumed a more personal, and therefore a more Quietism of Molinos, his generous mind was perhaps acrimonious character; and it was maintained on attracted to her cause by the very injustice of her both sides till the long delayed decision of the pope opponents. He advised her to submit her works to brought it to a close, March 12, 1699, by a brief, the judgment of Bossuet, who was then in the zenith in the usual form, condemning the Maxima of the of his fame, and with whom F. was in the most Saints, and marking with especial censure 23 profriendly relations. In the condemnation of the book positions extracted from it. The conduct of F. of Madame Guyon by this prelate, F. acquiesced; but under this blow constitutes, in the eyes of his fellowas she made a formal submission to the church, churchmen, one of his highest titles to glory. He he refused to join in any condemnation of herself not only accepted, without hesitation, the decision of personally. Nevertheless, when a commission was Rome, but he took the very earliest occasion to appointed to examine the whole affair, F., although publish from his own pulpit the brief of his condemnot a member, took a part in the proceedings; and nation; he issued a pastoral address to his flock, to he even suggested certain changes in their report, apprise them of the judgment of Rome, and of his which he subscribed in common with the rest. To own cheerful acquiescence; and he presented to his the articles prescribed for her signature by this com- cathedral a magnificent piece of church-plate, a gold mission, Madame Guyon readily subscribed; but it ostensory, in which the Angel of Truth is represented was further considered necessary not only to publish trampling under foot many erroneous works, the a condemnation of her several works, but also to most prominent of which bears the title of Maxims prepare a special exposition of the true doctrine of of the Saints! Bossuet is said to have been greatly the church on these questions. When the work of touched by the conduct of his noble adversary, and Bossuet on this subject was completed, he submitted to have earnestly desired a reconciliation. But the it to F. for his approval. This F. not only refused adverse influence of the king, Louis XIV., and of to give, but even composed his own Maxims of the the court, stood in the way. The jealousy with Saints in the Interior Life, in explanation and defence which the political principles of F. were already of certain at least of Madame Guyon's doctrines. regarded was heightened about this time into open He submitted his book to the Archbishop of Paris, hostility by the appearance of his Telemachus, which and introduced into it some modifications which were was printed from a copy surreptitiously obtained by

FENESTELLA-FENUGREEK.

FENYES-FEOFFMENT.

thee obovate leaflets and scythe-shaped stipules. ness, they will bear a comparison with the best The flowers generally have the keel very small, so of kindred works in European literature. During that the wings and standard present the appearance the national government of Hungary (1848), F. of a tripetalous corolla. The COMMON F. (T. funum was made the chief of the statistical section. After Græcum) is a native of the south of Europe, and of a respite of several years, from failing health, F. some parts of Asia; it is much cultivated in India is again busily engaged in the periodical press, as a fodder-plant, and derives its name (Fenum and is editor of the Farmers' Journal (A Falusi Græcum, Greek hay) from its use as fodder in Greece. Gazda).

Its pods are many-seeded, and cylindrical; its seeds have a strong peculiar smell, and an oily bitter taste; the flour made from them is used for emollient poultices, but only in veterinary practice. The seeds of F. were formerly held in great esteem in medicine. Another species (T. incisum), growing spontaneously in many parts of India, is much used as fodder for cattle. The legumes of the ESCULENT TRIGONELLA (T. esculenta), also an Indian plant, are used as human food. One species only, the BIRD'S Foot F. (T. ornithopodioides), is a native of Britain, a small plant, growing in sandy pastures near the sea, and not very common.

FEODO'SIA, or THEODO'SIA. See KAFFA.

FEO'FFMENT (infeudare), the oldest, and for a long period the only, method for the conveyance of land known in England. Feoffment consisted in the formal conveyance of the land from the feoffer to the feoffee, the former stating distinctly the measure of the estate conferred, whether it was in fee, in tail, or for life. Where no mention of the duration of the estate was made, the gift was presumed to be for life. This conveyance of the land, in order to be complete, required to be accompanied by delivery of Sasine (q. v.). Livery of sasine was of two kindsviz., by deed, and in law. In the former case, the parties being actually upon the land, the feoffor, by delivery of a twig or a turf, testified his conveyance of the land. In livery in law, the parties being in sight of the land, the feoffor referring to the land gave possession to the feoffee. This mode of feoffment was ineffectual unless the feoffee entered into possession during the life of the feoffor. Livery in deed might be effected by attorney; but livery in law only by the parties themselves. In the earliest times, these ceremonies completed the conveyance. But by degrees the practice of embodying the transaction in a deed was introduced. When a deed was used, it became customary, but not essential, to endorse on the deed the fact that livery of sasine had been made. By the statute of Frauds (29 Car. II. c. 3), it was declared that no estate created by livery of sasine, unless accompanied by writing, signed by the party or his agent, should be of any effect, except as an estate at will; and by 8 and 9 Vict. c. 106, s. 3, a feoffment is void unless accompanied by deed. The law formerly gave so great an effect to a feoffment, that even when the party ostensibly making the conveyance was not lawfully seised in the estate, the feoffment was sustained. This was called a tortious conveyance; the party in whose favour it was made was said to have acquired an estate by wrong, the rightful owner was disseised, and was left to his right of Entry (q. v.). But by

the act last mentioned, this tortious effect of a feoffFENYES, ELEK (Alexius), a Hungarian geo- ment was removed. It must be observed that the grapher and statistical author, was born in 1807 at practice of feoffment above described, and which has Csokaj, in the county of Bihar. After the usual existed in England from time immemorial, differed career of studies in philosophy and law, F. became materially from the old form of investiture in use in barrister-at-law as early as 1829; but instead of strictly feudal times, and from that which still prefrequenting the law-courts, he began travelling all vails in Scotland. In England, the transaction was over the country, with the purpose of making simply a conveyance by the actual holder of the himself thoroughly acquainted with the state of land to a new tenant, testified by certain ceremonies, the Hungarian kingdom, of which there had never but requiring no confirmation by a third party to before been an authentic survey. The first fruits complete it. But by feudal usages, every holder of of F.'s enterprise appeared in 1840, under the title, land was the vassal of some superior lord, to whom Hungary and its Annexed Parts, Geographically he owed suit and service, and without whose consent and Statistically considered (6 vols., Pesth). The he could not even part with his land; hence no great prize of 200 ducats was awarded to the conveyance was complete without the reception of author by the Hungarian Academy. The Statistics the new tenant by the lord paramount as his vassal. of Hungary, in 3 vols., followed (1843); General In like manner, to this day, in Scotland, no transfer Allas for Hungary (1845); Description of Hungary of heritage is complete without the formal confirma(1847); Geographical Dictionary of Hungary (1851) tion of the superior; and although by recent legis-all of which were published at Pesth. The lation the old feudal usages, which for two centuries whole of F.'s works are written in the Magyar have existed as landmarks, telling us of a system tongue, but several of them have been translated now passed away, have been abolished, yet the fact into German, and repeatedly published. Besides of acceptance by the superior, and the performance that these works are the first true expounders of of the pecuniary services attendant on that acceptthe state of Hungary, it is also generally admitted ance, are still preserved. See INFEFTMENT, SASINE, that, as to their completeness, solidity, and exact- FEUDAL SYSTEM.

175

289

FER OLIGISTE FERDINAND.

Feoffment to Uses.-This was an application of the feudal form of feoffment in England in order to effect a conveyance in trust. The common law courts, adhering to feudal rules, refused to recognise any interest in the land but that of the person actually infeft; but where a feoffment was made to one man to the use of another, the equity courts gave effect to the transaction by compelling the party infeft to hold in trust for the third person, called the cestui que use, who was said to have an equitable estate, in contradistinction to the legal estate which remained in the feoffee to uses. By the statute of Uses, it was enacted that in all such conveyances the actual legal estate should pass to the cestui que use. See USES.

proprietor be in pursuit of them, and has kept them in sight. See BEE. Domestic animals, though they stray, do not cease to be the property of those to whom they have belonged; but as regards animals which have a tendency to return to a state of nature, the rule of the Roman law was, that property in them continued so long as they had the intention of returning (animum revertendi), or rather, one would imagine, the habit of doing so. This rule applied to peacocks and pigeons, but rat to fowls and geese; with reference to which it was provided, that though they should be frightened and take to flight, they were still yours, though you might have lost sight of them, and that whoever detained them with a view to his own profit, was guilty of theft. See DOVECOT, WARREN, FOREST,

FISH.

FER OLIGISTE is a mineralogical term applied to a variety of anhydrous red oxide of iron (Fe2O3), otherwise called Specular Iron Ore. The famous FERDINAND I., emperor of Germany, 1556 Swedish, Russian, and Elba iron are in greater part-1564, was born in Spain, 1503. He was the prepared from this iron ore. The natural position son of Philip I., and brother of Charles V., whom of fer oligiste is in the primary rocks. See IRON. he succeeded in the empire in 1556, having been FE'RE (Lat. ferus, wild), in the Linnæan system previously elected king of Rome. F. had married, of zoology, an order of Mammalia, nearly corresin 1521, Anna, daughter of Ladislaus VI., king of Bohemia and Hungary. When her brother Louis ponding to the Carnaria (q. v.) of Cuvier. fell in 1526 in battle with the Turks, leaving no FE'RE NATURÆ (Lat. of a wild nature). issue, the crown was claimed by F. in right of Those animals which flee the dominion of man, his wife. This involved him in a long and bloody whether beast, bird, or fish, and retain their natural freedom, are thus characterised in the Roman law. struggle with a rival, John of Zapolya, who laid According to that system, such animals became the claim to Hungary, and who, as well as his son Sigismund, was supported by Soliman, sultan of property of any one who might catch them, irrespec- the Turks. tively of the ownership of the soil on which they bought off the Turks by a yearly tribute, and finally F. at last gained the upper hand, were taken, on the principle that natural reason secured Hungary and Bohemia to the House of gives to the first occupant that which has no owner.' Austria. When he was elected emperor, the conInst. ii. tit. i. s. 12. But this regulation did not cessions he had made to the Protestants caused prevent the prohibition of trespass. Of course, any the pope, Paul IV., to refuse to acknowledge him. one who enters the ground of another for the pur- That pope dying, his successor, Pius IV., was more pose of hunting or fowling, may be prohibited by complaisant; but the electors resolved that for the proprietor, if he perceives his intention of enter- the future the consent of the pope should not be ing' (I.). This right on the part of the proprietor asked; and this was carried out. F. made several did not affect the property of the animal taken, attempts to reconcile the Protestants and Catholics, though it gave him an action against the trespasser. and urged, though fruitlessly, the reformation of If a wild animal escaped from its captor, his proprie-abuses on the Council of Trent. He died in 1564, torship instantly ceased, and the animal might again leaving the reputation of a prudent and enlightened be appropriated by its captor. This occurred even though the animal was not out of sight, if it could ruler, and was succeeded by his son, Maximilian IL not be pursued without great difficulty. Even a wounded animal was not the property of the sports--1637, was born at Gratz, 9th July 1578. He man till it was caught, though the point which is decided in this sense (Inst. ii. tit. i. s. 13) is said to have been one on which difference of opinion had prevailed. Except in so far as it is modified by the statutes, which will be explained under GAME-LAWS, these provisions form part of the common law both of England and Scotland. Animals which are said to be feræ naturæ, or of a wild and untamable disposition, any man may seize upon and keep for his own use or pleasure; but if they escape from his custody, though without his voluntary abandonment, it naturally follows that they return to the common stock, and any man else has an equal right to seize and enjoy them afterwards (Stephen's Blackstone, i. 161). The law of Scotland followed the law of Rome so closely in this, as in other respects, that the passage from the Institutes of Justinian above referred to was translated into one of the oldest collections of Scottish laws-that, viz., contained in the Cromortie MS., the date of which may be assigned to the latter part of the 14th and which certainly is not later than the reign of Robert III. (Irvine's Game-laws, p. 20, and statutes published by the Record Commission, Appendix v. p. 385); see also Stair, ii. 1, 5, and 33; and Ersk. ii. 1, 10. Under animals, feræ naturæ, the law of Rome included bees, unless included in a hive, or skep, as it is still called in Scotland, or unless the

c.,

FERDINAND II., emperor of Germany, 1619

was grandson of Ferdinand I., his father being Charles, Archduke of Styria, the younger brother of Maximilian. F.'s mother, Maria of Bavaria, early inspired him with hatred against the Protest ants. He was educated by the Jesuits at Ingol stadt, along with Maximilian of Bavaria; and at Loretto, he had taken a solemn oath, before the altar of the Mother of God, to reinstate Catholicism as the sole religion of his dominions, at any cost. As soon as he succeeded to the government of his own duchy of Styria, he set about puting down Protestantism by force. He attempted the same in Bohemia and Hungary, of which countries he had been elected king during the lifetime of Matthias Corvinus; but though at first unsuccessful, and even in danger of losing his dominions, he ultimately managed, with the aid of the Catholic league and of the Elector George I. of Saxony, to subdue them. Bohemia lost all its privileges. By hanging, confiscation of property, and the banishment of innumerable families, the wretched land was reduced to obedience; and the introduction of the Jesuits, and rigorous persecution of Protestants, re-estab lished Catholicism. Meanwhile, F. had been elected emperor of Germany (1619). The war, which properly ended with the subjugation of Bohemia, was at the same time transferred to the rest of Germany, and took the character of a religious