286 PEE 
She’s a traitor, and Camillo is 
A federary with her. Shakefpeare. 
FE'DERATE, adj. [, fiederatus , Lat.] Leagued ; joined 
in confederacy. 
FEDERA'TION,y'. A league.'—Is he obliged to keep 
any terms with thofe clubs and federations, who hold out 
to us as a pattern for imitation, the proceedings in France ? 
Burke. 
FEE[pe-oh, Saxon \fee, Danifh, cattle ; feudum, low 
Latin ; feu, Scottifh.] Property; peculiar: 
What concern they ? 
The general caufe ? or is it a fee-grief 
Due to lome tingle bread ? Shakefpcare. 
Reward; gratification; recompenfe: 
Thefe be the ways by which, without reward, 
Livings in courts be gotten, though full hard; 
For nothing there is done without a fee. Hubbert. 
Not helping, death’s my fee ; 
But if I help, what do you promife me? Shakefpeare. 
Portion; pittance; thare. Obfolete: 
In pruning and trimming all manner of trees, 
Referve to each cattle their property fees. Tujfer. 
To FEE, v. a. To reward ; to pay.—No man fees the 
fun, no man purchafes the light, nor errs if he walks by 
it. South. 
Watch the difeafe in time ; for when within 
The dropfy rages and extends the ikin, 
In vain for hellebore tbe patient cries, 
And fees the doftor ; but too late is wife. Dryden. 
To bribe; to hire; to purchafe.—I have long loved her, 
and ingrolfed opportunities to meet her; feed every flight 
occafion, that could but niggardly give me fight of her. 
Shakefpeare. —To keep in hire : 
There’s not a thane of them but in his houfe 
3 have a fervant feed. Shakefpeare. 
FEE, or FEE-SIMPLE, f in law, denotes tenant in fee- 
fimple, or he who has lands or tenements to hold to him 
and his heirs for ever. Litt. c. i. The word fee is fome- 
times ufed for the compafs or circuit of a lordfhip or 
manor, as, the lord of the fee, &c. as well as the particular 
eftate of the tenant: and alfo for a perpetual right incor¬ 
poreal ; as to have the keeping of prifons, &c. in fee. 
Brad. lib. 2. c. 5. And when a rent or annuity is granted 
to one and his heirs, it is a fee perfonal. Co. Lit. 1, 2. 
A man may have an eftate, in fee-fimple of all lands or 
Jenements, or other things real. Co. Lit. 1 b. Of lordfhips, 
advowfons, commons, eftovers, and all hereditaments. 
So he may have a fee-fimple in things mixed ; as in fran- 
chifes, liberties, &c. Co. Lit. 2 a. So if a man grants to 
another and his heirs all woods, underwoods, timber-trees, 
®r others, in fuch a part of a foreft, faving the foil ; the 
grantee has a fee to take in alienofolo. 8 Co. 137 b. So, in 
things perfonal; as in annuity. In a dignity granted to 
him and his heirs. In a fwan-mark. 7 Co. 17. In a part 
ier fhare of the New-river water. Ca. Pari. 207. So, in 
ithe patronage of an hofpital, or other tiling created de 
novo, in which there was not a precedent eftate, a man may 
have a fee to him and his heirs, qualified in a particular 
manner: as if a queen confort inftitutes an hofpital, and 
referves the patronage fibi (3 reginis Anglia fuccedcndbus. 
Ca. Ch. 214. But in eftates in eJJ'e before fuch defultory 
inheritance it cannot be: as the duchy of Cornwall li¬ 
mited to the prince 6? filiis regis Anglia primogenitis, Ihall 
not be good, except when limited by act of parliament. 
8 Co. 16. 
A man may take a fee Jby defeent, or by purchafe. In 
what manner by delcent, fee the article Descent. And 
with refpeft to purchafers, fome are incapable of pur- 
chafing. An alien cannot purchafe any lands in England. 
Vau°h. 227. 7 Co. 16. All perfons attainted of treafon or 
felony arc incapable of purchafing. Co, Lit, 8 a. See Dig, 
F E E 
Feud. lib. 2. tit. 23, If a man be attainted of felony, and? 
after purchafe land, and die, the king fhall have it by bis 
prerogative, and not tbe lord of the fee; becaufe his pern 
fon being forfeited to the king, he cannot purchafe but 
for the king. Co. Lit. zb. A monfter not having human 
fiiape cannot purchafe or inherit, but an hermaphrodite 
fhall inherit or purchafe Jecundum prcevalentiam fexus inca~ 
lefcends; one born deaf and dumb may inherit; fo may 
one born deaf, dumb, and blind, becaufe it is for their 
advantage ; but they cannot contract, becaufe they cannot 
underftand tbe figns of contracting ; an infant, an ideot,. 
and a perfon of non-fane memory, may inherit, becaufe 
tbe law, in compaflion to their natural infirmities,»pre- 
fumes them capable of property ; fo alfo an infant or a 
perfon of non-fane memory may purchafe, becaufe it is 
intended for his benefit, and the freehold is in him till he 
difagree thereto, becaufe an agreement is prefumed, it 
being for their benefit, and becaufe the freehold cannot 
be in the grantor, contrary to his own aft, nor can be in 
abeyance, for then a (tranger would not know againlt 
whom to demand his right; if at full age, or after reco- 
very of his memory they agree thereto, they cannot avoid 
it; but if they die during minority or lunacy, the heirs 
may avoid it; for they fhall not be fubjeft to the con¬ 
tracts of perfons who wanted capacity to contract; fo, if 
after his memory recovered, the lunatic or perfon noit 
compos die without agreement to the purchafe, their heirs 
may avoid it: Co. Lit. 2, 8. 2 Vent. 303. A feme-covert is 
capable of purchafing; for fuch an aft does not make the 
property of the hufband liable to any difadvantage, nor 
does it fuppofe a feparate will or power of contracting in 
the wife ; but here the will of the wife is fuppofed the 
mind of the hufband, (he not objecting,) fince no man 
is fuppofed not to aflent to that whieh is for his benefit 
but in this cafe the hufband may difagree, and it fhall 
avoid the purchafe. Co. Lit. 3 a. 
It is the word heirs makes the inheritance; and a man. 
cannot have a greater eftate. Lit. 1. To have fee-fimple 
implies, that it is without limitation to what heirs, but 
to heirs generally : though it may be limited by aft of 
parliament. If one give or grant land to J. S. and his 
heirs; and, if he die without heirs, that J. D. fhall have 
it to him and his heirs: by this J. S. hath a fee-fimple, 
and J. D. will have no eftate. Dyer, 4, 33. This means 
by parol, with livery and feifin, or by deed, &c. but not 
by will. Where land is given or granted by fine, deed, 
or will, in pofTeffion, reverfion, or remainder, to another 
and his heirs, it will be a fee-fimple. Plozod. 134. And if 
land be granted to a man and his heirs, habendum to him- 
for. life only, and livery of feifin is made; it is a fee-fim- 
ple eflate, becaufe a fee is exprefted in the grant. 2 Rep^ 
23. A leafe is granted to one for a term of years, and af¬ 
ter that the leffee fhall have the land to him and his heirs 
by the rent of iol. a-year; if the grantor make livery 
upon it, it is a fee-fimple; otherwife but for years. Co, 
Lit. 217. Where lands are granted to A. for life, with- 
remainder to B. for life, the remainder to the right heirs 
of A. here A. hath a fee-fimple. 20 Hen. VI. 35. A gift ft 
or grant to a man’s wife during life, after to him in tail, 
and after to his right heirs; he will have a fee-limple 
eflate. 2 Rep. 91. 
If lands are granted to a man and his fuccefTors, this 
creates no fee-fimple: blit if fuch a grant be made to a 
corporation, it is a fee-fimple ; and in cafe of a foie cor- 
poration, as a bifhop, parfon, &c. a fee-fimple is to them 
and their fuccefTors. Co. Lit. 8 b. An eflate granted to a 
perfon, to hold to him for ever, or to him and his affigns 
forever, is only an eftate for life; the word heirs being 
wanted to make it fee-fimple ; but in wills, which are 
more favoured than grants, the fee-fimple and inheritance 
may pafs without the word heirs. Co. Lit. 19, 9. And by 
deed of feoffment a fee-fimple may be created, which 
would be an eflate-tail by will ; as where lands are given 
to another, and his heirs inale, &c. without the word body. 
A gift to a man and his children, and their heirs, is a fee- 
fimple 
