FABRICIUS, JOHANN ALBERT (1668-1736), German classical scholar and

bibliographer, was born at Leipzig on the 11th of November 1668. His

father, Werner Fabricius, director of music in the church of St Paul at

Leipzig, was the author of several works, the most important being

_Deliciae Harmonicae_ (1656). The son received his early education from

his father, who on his death-bed recommended him to the care of the

theologian Valentin Alberti. He studied under J.G. Herrichen, and

afterwards at Quedlinburg under Samuel Schmid. It was in Schmid's

library, as he afterwards said, that he found the two books, F. Barth's

_Adversaria_ and D.G. Morhof's _Polyhistor Literarius_, which suggested

to him the idea of his _Bibliothecae_, the works on which his great

reputation was founded. Having returned to Leipzig in 1686, he published

anonymously (two years later) his first work, _Scriptorum recentiorum

decas_, an attack on ten writers of the day. His _Decas Decadum, sive

plagiariorum et pseudonymorum centuria_ (1689) is the only one ot his

works to which be signs the name Faber. He then applied himself to the

study of medicine, which, however, he relinquished for that of

theology; and having gone to Hamburg in 1693, he proposed to travel

abroad, when the unexpected tidings that the expense of his education

had absorbed his whole patrimony, and even left him in debt to his

trustee, forced him to abandon his project. He therefore remained at

Hamburg in the capacity of librarian to J.F. Mayer. In 1696 he

accompanied his patron to Sweden; and on his return to Hamburg, not long

afterwards, he became a candidate for the chair of logic and philosophy.

The suffrages being equally divided between Fabricius and Sebastian

Edzardus, one of his opponents, the appointment was decided by lot in

favour of Edzardus; but in 1699 Fabricius succeeded Vincent Placcius in

the chair of rhetoric and ethics, a post which he held till his death,

refusing invitations to Greifswald, Kiel, Giessen and Wittenberg. He

died at Hamburg on the 30th of April 1736.

Fabricius is credited with 128 books, but very many of them were only

books which he had edited. One of the most famed and laborious of

these is the _Bibliotheca Latina_ (1697, republished in an improved

and amended form by J.A. Ernesti, 1773). The divisions of the

compilation are--the writers to the age of Tiberius; thence to that of

the Antonines; and thirdly, to the decay of the language; a fourth

gives fragments from old authors, and chapters on early Christian

literature. A supplementary work was _Bibliotheca Latina mediae et

infimae Aetatis_ (1734-1736; supplementary volume by C. Schottgen,

1746; ed. Mansi, 1754). His _chef-d'oeuvre_, however, is the

_Bibliotheca Graeca_ (1705-1728, revised and continued by G.C. Harles,

1790-1812), a work which has justly been denominated _maximus antiquae

eruditionis thesaurus_. Its divisions are marked off by Homer, Plato,

Christ, Constantine, and the capture of Constantinople in 1453, while

a sixth section is devoted to canon law, jurisprudence and medicine.

Of his remaining works we may mention:--_Bibliotheca Antiquaria_, an

account of the writers whose works illustrated Hebrew, Greek, Roman

and Christian antiquities (1713); _Centifolium Lutheranum_, a Lutheran

bibliography (1728); _Bibliotheca Ecclesiastica_ (1718). His _Codex

Apocryphus_ (1703) is still considered indispensable as an authority

on apocryphal Christian literature.

The details of the life of Fabricius are to be found in _De Vita et

Scriptis J.A. Fabricii Commentarius_, by his son-in-law, H.S.

Reimarus, the well-known editor of Dio Cassius, published at Hamburg,

1737; see also C.F. Bahr in Ersch and Gruber's _Allgemeine

Encyclopadie_, and J.E. Sandys, _Hist. Class. Schol._ iii. (1908).

FABRICIUS, JOHANN CHRISTIAN (1745-1808), Danish entomologist and

economist, was born at Tondern in Schleswig on the 7th of January 1745.

After studying at Altona and Copenhagen, he was sent to Upsala, where he

attended the lectures of Linnaeus. He devoted his attention

professionally to political economy, and, after lecturing on that

subject in 1769, was appointed in 1775 professor of natural history,

economy and finance at Kiel, in which capacity he wrote various works,

chiefly referring to Denmark, and of no special interest. He also

published a few other works on general and natural history, botany and

travel (including _Reise nach Norwegen_, 1779), and, although his

professional stipend was small, he extended his personal researches into

every town in northern and central Europe where a natural history museum

was to be found. It is as an entomologist that his memory survives, and

for many years his great scientific reputation rested upon the system of

classification which he founded upon the structure of the mouth-organs

instead of the wings. He had a keen eye for specific differences, and

possessed the art of terse and accurate description. He died on the 3rd

of March 1808.

A complete list of his entomological publications (31) will be found

in Hagen's _Bibliotheca Entomologiae_; the following are the

chief:--_Systema Entomologiae_ (1775); _Genera Insectorum_ (1776);

_Philosophia Entomologica_ (1778); _Species insectorum_ (1781);

_Mantissa Insectorum_ (1787); _Entomologia Systematica_ (1792-1794),

with a supplement (1798); _Systema Eleutheratorum_ (1801),

_Rhyngotorum_ (1803), _Piezatorum_ (1804), and _Antliatorum_ (1805).

Full particulars of his life will be found, with a portrait, in the

_Transactions of the Entomological Society of London_ (1845), 4, pp.

i-xvi, where his autobiography is translated from the Danish.

FABRIZI, NICOLA (1804-1885), Italian patriot, was born at Modena on the

4th of April 1804. He took part in the Modena insurrection of 1831, and

attempted to succour Ancona, but was arrested at sea and taken to

Toulon, whence he proceeded to Marseilles. Afterwards he organized with

Mazzini the ill-fated Savoy expedition. Taking refuge in Spain, he

fought against the Carlists, and was decorated for valour on the

battlefield (18th July 1837). At the end of the Carlist War he

established a centre of conspiracy at Malta, endeavoured to dissuade

Mazzini from the Bandiera enterprise, but aided Crispi in organizing the

Sicilian revolution of 1848. With a company of volunteers he

distinguished himself in the defence of Venice, afterwards proceeding to

Rome, where he took part in the defence of San Pancrazio. Upon the fall

of Rome he returned to Malta, accumulating arms and stores; which he

conveyed to Sicily; after having, in 1859, worked with Crispi to prepare

the Sicilian revolution of 1860. While Garibaldi was sailing from Genoa

towards Marsala Fabrizi landed at Pizzolo, and, after severe fighting,

joined Garibaldi at Palermo. Under the Garibaldian Dictatorship he was

appointed governor of Messina and minister of war. Returning to Malta

after the Neapolitan plebiscite, which he had vainly endeavoured to

postpone, he was recalled to aid Cialdini in suppressing brigandage.

While on his way to Sicily in 1862, to induce Garibaldi to give up the

Aspromonte enterprise, he was arrested at Naples by Lamarmora. During

the war of 1866 he became Garibaldi's chief of staff, and in 1867 fought

at Mentana. In parliament he endeavoured to promote agreement between

the chiefs of the Left, and from 1878 onwards worked to secure the

return of Crispi to power, but died on the 31st of March 1885, two years

before the realization of his object. His whole life was characterized

by ardent patriotism and unimpeachable integrity. (H. W. S.)

FABROT, CHARLES ANNIBAL (1580-1659), French jurisconsult, was born at

Aix in Provence on the 15th of September 1580. At an early age he made

great progress in the ancient languages and in the civil and the canon

law; and in 1602 he received the degree of doctor of law, and was made

avocat to the parlement of Aix. In 1609 he obtained a professorship in

the university of his native town. He is best known by his translation

of the _Basilica_, which may be said to have formed the code of the

Eastern empire till its destruction. This work was published at Paris in

1647 in 7 vols. fol., and obtained for its author a considerable pension

from the chancellor, Pierre Seguier, to whom it was dedicated. Fabrot

likewise rendered great service to the science of jurisprudence by his

edition of Cujas, which comprised several treatises of that great jurist

previously unpublished. He also edited the works of several Byzantine

historians, and was besides the author of various antiquarian and legal

treatises. He died at Paris on the 16th of January 1659.

FABYAN, ROBERT (d. 1513), English chronicler, belonged to an Essex

family, members of which had been connected with trade in London. He was

a member of the Drapers company, alderman of Farringdon Without, and

served as sheriff in 1493-1494. In 1496 he was one of those appointed to

make representations to the king on the new impositions on English cloth

in Flanders. Next year he was one of the aldermen employed in keeping

watch at the time of the Cornish rebellion. He resigned his aldermanry

in 1502, on the pretext of poverty, apparently in order to avoid the

expense of mayoralty. He had, however, acquired considerable wealth with

his wife Elizabeth Pake, by whom he had a numerous family. He spent his

latter years on his estate of Halstedys at Theydon Garnon in Essex. He

died on the 28th of February 1513 (_Inquisitiones post mortem for

London_, p. 29, edited by G.S. Fry, 1896); his will, dated the 11th of

July 1511, was proved on the 12th of July 1513. Fabyan's Chronicle was

first published by Richard Pynson in 1516 as _The new chronicles of

England and of France_. In this edition it ends with the reign of

Richard III., and this probably represents the work as Fabyan left it,

though with the omission of an autobiographical note and some religious

verses, which form the _Envoi_ of his history. The note and verses are

first found in the second edition, printed by John Rastell in 1533 with

continuations down to 1509. A third edition appeared in 1542, and a

fourth in 1559 with additions to that year. The only modern edition is

that of Sir Henry Ellis, 1811.

In the note above mentioned Fabyan himself says: "and here I make an

ende of the vii. parte and hole werke, the vii. day of November in the

yere of our Lord Jesu Christes Incarnacion M. vc. and iiij." This seems

conclusive that in 1504 he did not contemplate any extension of his

chronicles beyond 1485. The continuations printed by Rastell are

certainly not Fabyan's work. But Stow in his _Collections_ (ap. _Survey

of London_, ii. 305-306, ed. C.L. Kingsford) states that Fabyan wrote "a

Chronicle of London, England and of France, beginning at the creation

and endynge in the third year of Henry VIII., which both I have in

written hand." In his _Survey of London_ (i. 191, 209, ii. 55, 116) Stow

several times quotes Fabyan as his authority for statements which are

not to be found in the printed continuations of Rastell. Some further

evidence may be found in other notes of Stow's (ap. _Survey of London_,

ii. 280, 283, 365-366), and in the citation by Hakluyt of an unprinted

work of Fabyan as the authority for his note of Cabot's voyages. That

Fabyan had continued his Chronicle to 1511 may be accepted as certain,

but no trace of the manuscript can now be found.

It is only the seventh part of Fabyan's Chronicle, from the Norman

Conquest onwards, that possesses any historical value. For his French

history he followed chiefly the _Compendium super Francorum gestis_ of

Robert Gaguin, printed at Paris in 1497. For English history his best

source was the old _Chronicles of London_, from which he borrowed also

the arrangement of his work in civic form. From 1440 to 1485 he follows,

as a rule with great fidelity, the original of the London Chronicle in

Cotton MS. Vitellius A. XVI. (printed in _Chronicles of London_, 1905,

pp. 153-264).

Fabyan's own merits are little more than those of an industrious

compiler, who strung together the accounts of his different authorities

without any critical capacity. He says expressly that his work was

"gaderyd without understandynge," and speaks of himself as "of cunnynge

full destitute." Nevertheless he deserves the praise which he has

received as an early worker, and for having made public information

which through Hall and Holinshed has become the common property of later

historians, and has only recently been otherwise accessible. Bale

alleges that the first edition was burnt by order of Cardinal Wolsey

because it reflected on the wealth of the clergy; this probably refers

to his version of the Lollards Bill of 1410, which Fabyan extracted from

one of the London Chronicles.

See further Ellis' _Introduction_; W. Busch, _England under the

Tudors_ (trans. A.M. Todd, 1895), i. 405-410; and C.L. Kingsford,

_Chronicles of London_, pp. xxvi-xxxii (1905). (C. L. K.)

FACADE, a French architectural term signifying the external face of a

building, but more generally applied to the principal front.

FACCIOLATI, JACOPO (1682-1769), Italian philologist, was born at

Torriglia, in the province of Padua, in 1682. He owed his admission to

the seminary of Padua to Cardinal Barberigo, who had formed a high

opinion of the boy's talents. As professor of logic, and regent of the

schools, Facciolati was the ornament of the Paduan university during a

period of forty-five years. He published improved editions of several

philological works, such as the _Thesaurus Ciceronianus_ of Nizolius,

and the polyglot vocabulary known under the name of Calepino. The latter

work, in which he was assisted by his pupil Egidio Forcellini, he

completed in four years--1715 to 1719. It was written in seven

languages, and suggested to the editor the idea of his _opus magnum_,

the _Tolius Latinitatis Lexicon_, which was ultimately published at

Cardinal Priole's expense, 4 vols. fol., Padua, 1771 (revised ed. by de

Vit, 1858-1887). In the compilation of this work the chief burden seems

to have been borne by Facciolati's pupil Forcellini, to whom, however,

the lexicographer allows a very scanty measure of justice. Perhaps the

best testimony to the learning and industry of the compiler is the

well-known observation that the whole body of Latinity, if it were to

perish, might be restored from this lexicon. Facciolati's mastery of

Latin style, as displayed in his epistles, has been very much admired

for its purity and grace. In or about 1739 Facciolati undertook the

continuation of Papadopoli's history of the university of Padua,

carrying it on to his own day. Facciolati was known over all Europe as

one of the most enlightened and zealous teachers of the time; and among

the many flattering invitations which he received, but always declined,

was one from the king of Portugal, to accept the directorship of a

college at Lisbon for the young nobility. He died in 1769. His history

of the university was published in 1757, under the name _Fasti Gymnasii

Patavini_. In 1808 a volume containing nine of his Epistles, never

before published, was issued at Padua.

See J.E. Sandys, _Hist. Class. Schol._ ii. (1908).

FACE (from Lat. _facies_, derived either from _facere_, to make, or from

a root _fa-_, meaning "appear"; cf. Gr. [Greek: phainein]), a word whose

various meanings of surface, front, expression of countenance, look or

appearance, are adaptations of the application of the word to the

external part of the front portion of the head, usually taken to extend

from the top of the forehead to the point of the chin, and from ear to

ear (see ANATOMY: _Superficial and Artistic_; and PHYSIOGNOMY).

FACTION (through the French, from Lat. factio, a company of persons

combined for action, _facere_, to do; from the other French derivative

_facon_ comes "fashion"), a term, used especially with an opprobrious

meaning, for a body of partisans who put their party aims and interests

above those of the state or public, and employ unscrupulous or

questionable means; it is thus a common term of reciprocal abuse between

parties. In the history of the Roman and Later Roman empires the

factions (_factiones_) of the circus and hippodrome, at Rome and

Constantinople, played a prominent part in politics. The _factiones_

were properly the four companies into which the charioteers were

divided, and distinguished by the colours they wore. Originally at Rome

there were only two, white (_albata_) and red (_russata_), when each

race was open to two chariots only; on the increase to four, the green

(_prasina_) and blue (_veneta_) were added. At Constantinople the last

two absorbed the red and white factions.

For a brilliant description of the factions at Constantinople under

Justinian, and the part they played in the celebrated Nika riot in

January 532, see Gibbon's _Decline and Fall_, ch. xl.; and J.B. Bury's

_Appendix_ 10 in vol. iv. of his edition (1898), for a discussion of

the relationship between the _factiones_ and the demes of

Constantinople.

FACTOR (from Lat. _facere_, to make or do), strictly "one who makes";

thus in ordinary parlance, anything which goes to the composition of

anything else is termed one of its "factors," and in mathematics the

term is used of those quantities which, when multiplied together,

produce a given product. In a special sense, however--and that to which

this article is devoted--"factor" is the name given to a mercantile

agent (of the class known as "general agents") employed to buy or sell

goods for a commission. When employed to sell, the possession of the

goods is entrusted to him by his principal, and when employed to buy it

is his duty to obtain possession of the goods and to consign them to his

principal. In this he differs from a broker (q.v.), who has not such

possession, and it is this distinguishing characteristic which gave rise

in England to the series of statutes known as the Factors Acts. By these

acts, consolidated and extended by the act of 1889, third parties buying

or taking pledges from factors are protected as if the factor were in

reality owner; but these enactments have in no way affected the

contractual relations between the factor and his employer, and it will

be convenient to define them before discussing the position of third

parties as affected by the act.

I. FACTOR AND PRINCIPAL

A factor is appointed or dismissed in the same way as any other agent.

He may be employed for a single transaction or to transact all his

principal's business of a certain class during a limited period or till

such time as his authority may be determined. A factor's duty is to sell

or buy as directed; to carry out with care, skill and good faith any

instructions he may receive; to receive or make payment; to keep

accounts, and to hand over to his principal the balance standing to his

principal's credit, without any deduction save for commission and

expenses. All express instructions he must carry out to the full,

provided they do not involve fraud or illegality. On any point not

covered by his express instructions he must follow the usual practice of

his particular business, if not inconsistent with his instructions or

his position as factor. Many usages of businesses in which factors are

employed have been proved in court, and may now be regarded as legally

established. For instance, he may, unless otherwise directed, sell in

his own name, give warranties as to goods sold by him, sell by sample

(in most businesses), give such credit as is usual in his business,

receive payment in cash or as customary; and give receipts in full

discharge, sell by indorsement of bills of lading; and insure the goods.

It is his duty to clear the goods at the customs, take charge of them

and keep them safely, give such notices to his principal and others as

may be required, and if necessary take legal proceedings for the

protection of the goods. On the other hand, he has not authority to

delegate his employment, or to barter; and as between himself and his

principal he has no right to pledge the goods, although as between the

principal and the pledgee, an unauthorized pledge made by the factor may

by virtue of the Factors Act 1889 be binding upon the principal. It is,

moreover, inconsistent with his employment as agent that he should buy

or sell on his own account from or to his principal. A factor has no

right to follow any usage which is inconsistent with the ordinary duties

and authority of a factor unless his principal has expressly or

impliedly given his consent.

On the due performance of his duties the factor is entitled to his

commission, which is usually a percentage on the value of the goods sold

or bought by him on account of his principal, regulated in amount by,

the usages of each business. Sometimes the factor makes himself

personally responsible for the solvency of the persons with whom he

deals, in order that his principal may avoid the risk entailed by the

usual trade credit. In such a case the factor is said to be employed on

_del credere_ terms, and is entitled to a higher rate of commission,

usually 2-1/2% extra. Such an arrangement is not a contract of guarantee

within the Statute of Frauds, and therefore need not be in writing.

Besides his remuneration, the factor is entitled to be reimbursed by his

principal for any expenses, and to be indemnified against any

liabilities which he may have properly incurred in the execution of his

principal's instructions. For the purpose of enforcing his rights a

factor has, without legal proceedings, two remedies. Firstly, by virtue

of his general _lien_ (q.v.) he may hold any of his principal's goods

which come to his hands as security for the payment to him of any

commission, out-of-pocket expenses, or even general balance of account

in his favour. Although he cannot sell the goods, he may refuse to give

them up until he is paid. Secondly, where he has consigned goods to his

principal but not been paid, he may "_stop in transit_" subject to the

same rules of law as an ordinary vendor; that is to say, he must

exercise his right before the transit ends; and his right may be

defeated by his principal transferring the document of title to the

goods to some third person, who takes it in good faith and for valuable

consideration (Factors Act 1889, section 10). If the factor does not

carry out his principal's instructions, or carries them out so

negligently or unskilfully that his principal gets no benefit thereby,

the factor loses his commission and his right to reimbursement and

indemnity. If by such failure or negligence the principal suffers any

loss, the latter may recover it as damages. So too if the factor fails

to render proper accounts his principal may by proper legal proceedings

obtain an account and payment of what is found due; and threatened

breaches of duty may be summarily stopped by an injunction. Criminal

acts by the factor in relation to his principal's goods are dealt with

by section 78 of the Larceny Act 1860.

II. PRINCIPAL AND THIRD PARTY

(a) _At Common Law._--The actual authority of a factor is defined by the

same limits as his duty, the nature of which has been just described;

i.e. firstly, by his principal's express instructions; secondly, by the

rules of law and usages of trade, in view of which those instructions

were expressed. But his power to bind his principal as regards third

parties is often wider than his actual authority; for it would not be

reasonable that third parties should be prejudiced by secret

instructions, given in derogation of the authority ordinarily conferred

by the custom of trade; and, as regards them, the factor is said to have

"_apparent_" or "_ostensible_" authority, or to be _held out_ as having

authority to do what is customary, even though he may in fact have been

expressly forbidden so to do by his principal. But this rule is subject

to the proviso that if the third party have notice of the factor's

actual instructions, the "apparent" authority will not be greater than

the actual. "The general principle of law," said Lord Blackburn in the

case of _Cole_ v. _North-Western Bank_, 1875, L.R. 10, C.P. 363, "is

that when the true owner has clothed any one with apparent authority to

act as his agent, he is bound to those who deal with the agent on the

assumption that he really is an agent with that authority, to the same

extent as if the apparent authority were real." Under such circumstances

the principal is for reasons of common fairness precluded, or, in legal

phraseology, _estopped_, from denying his agent's authority. On the same

principle of estoppel, but not by reason of any trade usages, a course

of dealing which has been followed between a factor and a third party

with the assent of the principal will give the factor apparent authority

to continue dealing on the same terms even after the principal's assent

has been withdrawn; provided that the third party has no notice of the

withdrawal.

Such apparent authority binds the principal both as to acts done in

excess of the actual authority and also when the actual authority has

entirely ceased. For instance, A. B. receives goods from C.D. with

instructions not to sell below 1s. per lb.; A. B. sells at 10-1/2d., the

market price; the buyer is entitled to the goods at 10-1/2d., because A.

B. had apparent authority, although he exceeded his actual authority. On

the same principle the buyer would get a good title by buying from A. B.

goods entrusted to him by C. D., even though at the time of the sale C.

D. had revoked A. B.'s authority and instructed him not to sell at all.

In either case the factor is held out as having authority to sell, and

the principal cannot afterwards turn round and say that his factor had

no such authority. As in the course of his business the factor must

necessarily make representations preliminary to the contracts into which

he enters, so the principal will be bound by any such representations as

may be within the factor's actual or apparent authority to the same

degree as by the factor's contracts.

(b) _Under the Factors Act 1889._--The main object of the Factors Acts,

in so far as they relate to transactions carried out by factors, has

been to add to the number of cases in which third parties honestly

buying or lending money on the security of goods may get a good title

from persons in whose possession the goods are with the consent, actual

or apparent, of the real owners, thus calling in aid the principle of

French law that "_possession vaut titre_" as against the doctrine of the

English common law that "_nemo dat quod non habet_." The chief change in

the law relating specially to factors has been to put pledges by factors

on the same footing as sales, so as to bind a principal to third parties

by his factor's pledge as by his factor's sale. The Factors Act 1889 in

part re-enacts and in part extends the provisions of the earlier acts of

1823, 1825, 1842 and 1877; and is, so far as it relates to sales by

factors, in large measure merely declaratory of the law as it previously

existed. Its most important provisions concerning factors are as

follows:--

Section I., s.s. 1. The expression mercantile agent shall mean a

mercantile agent having in the customary course of his business as

such agent authority either to sell goods, or to consign goods for the

purpose of sale, or to buy goods, or to raise money on the security of

goods;

2. A person shall be deemed to be in possession of goods or of the

documents or title to goods when the goods or documents are in his

actual custody or are held by any other person subject to his control

or for him on his behalf.

4. The expression "document of title" shall include any bill of

lading, dock warrant, warehouse keeper's certificate, and warrant or

order for the delivery of goods, and any other document used in the

ordinary course of business as proof of the possession or control of

goods, or authorizing or purporting to authorize, either by

indorsement or by delivery, the possessor of the document to transfer

or receive goods thereby represented.

Section II., s.s. 1. Where a mercantile agent is, with the consent of

the owner, in possession of goods or of the documents or title to

goods, any sale, pledge or other disposition of the goods made by him

when acting in the ordinary course of business of a mercantile agent

shall, subject to the provisions of this act, be as valid as if he

were expressly authorized by the owner of the goods to make the same;

provided that the person taking under the disposition acts in good

faith, and has not at the time of the disposition notice that the

person making the disposition has not authority to make the same.

2. Where a mercantile agent has, with the consent of the owner, been

in possession of goods or of the documents of title to goods, any

sale, pledge or other disposition which would have been valid if the

consent had continued shall be valid notwithstanding the determination

of the consent; provided that the person taking under the disposition

has not at the time thereof notice that the consent has been

determined.

3. Where a mercantile agent has obtained possession of any documents

of title to goods by reason of his being or having been, with the

consent of the owner, in possession of the goods represented thereby,

or of any other documents of title to the goods, his possession of the

first-mentioned documents shall, for the purposes of the act, be

deemed to be with the consent of the owner.

III. ENFORCEMENT OF CONTRACTS

1. Where a factor makes a contract in the name of his principal and

himself signs as agent only, he drops out as soon as the contract is

made, and the principal and third party alone can sue or be sued upon

it. As factors usually contract in their own name this is not a common

case. It is characteristic of brokers rather than of factors.

2. Where a factor makes a contract for the principal without disclosing

his principal's name, the third party may, on discovering the principal,

elect whether he will treat the factor or his principal as the party to

the contract; provided that if the factor contract expressly as factor,

so as to exclude the idea that he is personally responsible, he will not

be liable. The principal may sue upon the contract, so also may the

factor, unless the principal first intervene.

3. Where a factor makes a contract in his own name without disclosing

the existence of his principal, the third party may, on discovering the

existence of the principal, elect whether he will sue the factor or the

principal. Either principal or factor may sue the third party upon the

contract. But if the factor has been permitted by the principal to hold

himself out as the principal, and the person dealing with the factor has

believed that the factor was the principal and has acted on that belief

before ascertaining his mistake, then in an action by the principal the

third party may set up any defences he would have had against the factor

if the factor had brought the action on his own account as principal.

4. Where a factor has a lien upon the goods and their proceeds for

advances made to the principal it will be no defence to an action by him

for the third party to plead that he has paid the principal, unless the

factor by his conduct led the third party to believe that he agreed to a

settlement being made with his principal.

5. The factor who acts for a foreign principal will always be personally

liable unless it is clear that the third party has agreed to look only

to the principal.

6. If a factor contract by deed under seal he alone can sue or be sued

upon the contract; but mercantile practice makes contracts by deed

uncommon.

AUTHORITIES.--Story, _Commentaries on the Law of Agency_ (Boston,

1882); Boyd and Pearson, _The Factors Acts 1823 to 1877_ (London,

1884); Blackwell, _The Law relating to Factors_ (London, 1897).

(L. F. S.)

FACTORY ACTS, the name given generally to a long series of acts

constituting one of the most important chapters in the history of

English labour legislation (see LABOUR LEGISLATION); the term "factory"

itself being short for manufactory, a building or collection of

buildings in which men or women are employed in industry.

FACULA (diminutive of _fax_, Lat. for "torch"), in astronomy, a minute

shining spot on the sun's disk, markedly brighter than the photosphere

in general, usually appearing in groups. Faculae are most frequent in

the neighbourhood of spots. (See SUN.)

FACULTY (through the French, from the Lat. _facultas_, ability to do

anything, from _facilis_, easy, _facere_, to do; another form of the

word in Lat. _facilitas_, facility, ease, keeps the original meaning),

power or capacity of mind or body for particular kinds of activity,

feeling, &c. In the early history of psychology the term was applied to

various mental processes considered as causes or conditions of the

mind--a treatment of "class concepts of mental phenomena as if they were

real forces producing these phenomena" (G.F. Stout, _Analytic

Psychology_, vol. i. p. 17). In medieval Latin _facultas_ was used to

translate [Greek: dunamis] in the Aristotelian application of the word

to a branch of learning or knowledge, and thus it is particularly

applied to the various departments of knowledge as taught in a

university and to the body of teachers of the particular art or science

taught. The principal "faculties" in the medieval universities were

theology, canon and civil law, medicine and arts (see UNIVERSITIES). A

further extension of this use is to the body of members of any

particular profession.

In law, "faculty" is a dispensation or licence to do that which is not

permitted by the common law. The word in this sense is used only in

ecclesiastical law. A faculty may be granted to be ordained deacon under

twenty-three years of age; to hold two livings at once (usually called a

licence or dispensation, but granted under the seal of the office of

faculties; see BENEFICE); to be married at any place or time (usually

called a special licence; see MARRIAGE; LICENCE); to act as a notary

public (q.v.). Any alteration in a church, such as an addition or

diminution in the fabric or the utensils or ornaments of the church,

cannot strictly be made without the legal sanction of the ordinary,

which can only be expressed by the issue of a faculty. So a faculty

would be required for a vault, for the removal of a body, for the

purpose of erecting monuments, for alterations in a parsonage house, for

brick graves, for the apportionment of a seat, &c. Cathedrals, however,

are exempt from the necessity for a faculty before making alterations in

the fabric, utensils or ornaments.

The court of faculties is the court of the archbishop for granting

faculties. It is a court in which there is no litigation or holding of

pleas. Its chief officer is called the master of faculties, and he is

one and the same with the judge of the court of arches. Attached to the

court of faculties are a registrar and deputy registrars, a chief clerk

and record-keeper, and a seal keeper. In Scotland the society of

advocates of the court of session, and local bodies of legal

practitioners, are described as faculties.

FAED, THOMAS (1826-1900), British painter, born in Kirkcudbrightshire,

was the brother of John Faed, R.S.A., and received his art education in

the school of design, Edinburgh. He was elected an associate of the

Royal Scottish Academy in 1849, came to London three years later, was

elected an associate of the Royal Academy in 1861, and academician in

1864, and retired in 1893. He had much success as a painter of domestic

genre, and had considerable executive capacity. Three of his pictures,

"The Silken Gown," "Faults on Both Sides," and "The Highland Mother,"

are in the National Gallery of British Art.

See William D. McKay, _The Scottish School of Painting_ (1906).

FAENZA (anc. _Faventia_), a city and episcopal see of Emilia, Italy, in

the province of Ravenna, from which it is 31 m. S.W. by rail, 110 ft.

above sea-level. It is 31 m. S.E. of Bologna by rail, on the line from

Bologna to Rimini, and it is the junction of a line to Florence through

the Apennines. Pop. (1901) 21,809 (town), 39,757 (commune). The town is

surrounded by walls which date from 1456. The cathedral of S. Costanzo

stands in the spacious Piazza Vittorio Emanuele in the centre of the

town. It was begun in 1474 by Giuliano da Maiano; the facade is,

however, incomplete. In the interior is the beautiful early Renaissance

tomb of S. Savinus with reliefs showing scenes from his life, of fine

and fresh execution, by Benedetto da Maiano; and later tombs by P.

Bariloto, a local sculptor. Opposite the cathedral is a fountain with

bronze ornamentation of 1583-1621. The clock tower alongside the

cathedral belongs to the 17th century. Beyond it is the Palazzo

Comunale, formerly the residence of the Manfredi, but entirely

reconstructed. The other churches of the town have been mostly restored,

but S. Michele (and the Palazzo Manfredi opposite it) are fine early

Renaissance buildings in brickwork. The municipal art gallery contains

an altar-piece by Girolamo da Treviso (who also painted a fresco in the

Chiesa della Commenda), a wooden St Jerome by Donatello, and a bust of

the young St John by Antonio Rossellino (?), and some fine specimens of

majolica, a variety of which, faience, takes its name from the town. It

was largely manufactured in the 15th and 16th centuries, and the

industry has been revived in modern times with success.

The ancient Faventia, on the Via Aemilia, was obviously from its name

founded by the Romans and had the citizenship before the Social War. It

was the scene of the defeat of C. Papirius Carbo and C. Norbanus by Q.

Caecilius Metellus Pius in 82 B.C. In the census of Vespasian a woman of

Faventia is said to have given her age as 135. Pliny speaks of the

whiteness of its linen, and the productiveness of its vines is

mentioned. It is noticeable that some of the fields in the territory of

the ancient Faventia still preserve the exact size of the ancient Roman

_centuria_ of 200 _iugeri_ (E. Bormann in _Corp. Inscr. Lat._ xi.,

Berlin, 1888, p. 121). When the exarchate was established, the town

became part of it, and in 748 it was taken by Liutprand. Desiderius gave

it to the church with the duchy of Ferrara. In the 11th century it began

to increase in importance. In the wars of the 12th and 13th centuries it

at first took the imperial side, but in 1240 it stood a long siege from

Frederick II. and was only taken after eight months. After further

struggles between Guelphs and Ghibellines, the Manfredi made themselves

masters of the place early in the 14th century, and remained in power

until 1501, when the town was taken by Caesar Borgia and the last

legitimate members of the house of the Manfredi were drowned in the

Tiber; and, after falling for a few years into the hands of the

Venetians, it became a part of the states of the church in 1509.

(T. As.)

FAEROE (also written FAROE or THE FAEROES, Danish _Faeroerne_ or

_Faroerne_, "the sheep islands"), a group of islands in the North Sea

belonging to Denmark. They are situated between Iceland and the Shetland

Islands, about 200 m. N.W. of the latter, about the intersection of 7

deg. E. with 62 deg. N. The total land area of the group is 511 sq. m.,

and there are twenty-one islands (excluding small rocks and reefs), of

which seventeen are inhabited. The population in 1880 amounted to

11,220, and in 1900 to 15,230. The principal islands are Stromo, on

which is the chief town, Thorshavn, with a population of 1656; Ostero,

Sudero, Vaago, Sando and Bordo. They consist throughout of rocks and

hills, separated from each other by narrow valleys or ravines; but,

though the hills rise abruptly, there are often on their summits, or at

different stages of their ascent, plains of considerable magnitude.

Almost everywhere they present to the sea perpendicular cliffs, broken

into fantastic forms, affording at every turn, to those who sail along

the coast, the most picturesque and varied scenery. The highest hills

are Slattaretindur in Ostero, and Kopende and Skellingfjeld in Stromo,

which rise respectively to 2894, 2592 and 2520 ft. The sea pierces the

islands in deep fjords, or separates them by narrow inlets through which

tidal currents set with great violence, at speeds up to seven or eight

knots an hour; and, as communications are maintained almost wholly by

boat, the natives have need of expert watermanship. There are several

lakes in which trout are abundant, and char also occur; the largest is

Sorvaag Lake in Vaago, which is close to the sea, and discharges into it

by a sheer fall of about 160 ft. Trees are scarce, and there is evidence

that they formerly flourished where they cannot do so now.

The fundamental formation is a series of great sheets of columnar

basalt, 70 to 100 ft. thick, in which are intercalated thin beds of

tuff. Upon the basalt rests the so-called Coal formation, 35 to 50 ft.

thick; the lower part of this is mainly fireclay and sandstone, the

upper part is weathered clay with thin layers of brown coal and shale.

The coal is found in Sudero and in some of the other islands in

sufficient quantity to make it a matter of exploitation. Above these

beds there are layers of dolerite, 15 to 20 ft. thick, with nodular

segregations and abundant cavities which are often lined with

zeolites. As the rocks lie in a horizontal position, on most of the

islands of the group only the basalts or dolerite are visible. The

crater from which the volcanic rocks were outpoured probably lies off

the Faeroe Bank some distance to the south-west of Sudero. The basalts

are submarine flows which formed the basis of the land upon which

grew the vegetation which gave rise to the coals; the effusion of

dolerite which covered up the Coal formation was subaerial. The

existing land features, with the fjords, are due to ice erosion in the

glacial period.[1]

The climate is oceanic; fogs are common, violent storms are frequent at

all seasons. July and August are the only true summer months, but the

winters are not very severe. It seldom freezes for more than one month,

and the harbours are rarely ice-bound. The methods of agriculture are

extremely primitive and less than 3% of the total area is under

cultivation. As the plough is ill-suited to the rugged surface of the

land, the ground is usually turned up with the spade, care being taken

not to destroy the roots of the grass, as hay is the principal crop.

Horses and cows are few, and the cows give little milk, in consequence

of the coarse hay upon which they are fed. The number of sheep, however,

justifies the name of the islands, some individuals having flocks of

from three to five hundred, and the total number in the islands

considerably exceeds ten thousand. The northern hare (_Lepus alpinus_)

is pretty abundant in Stromo and Ostero, having been introduced into the

islands about 1840-1850. The catching of the numerous sea-birds which

build their nests upon the face of the cliffs forms an important source

of subsistence to the inhabitants. Sometimes the fowler is let down from

the top of the cliff; at other times he climbs the rocks, or, where

possible, is pushed upwards by poles made for the purpose. The birds and

the contents of the nests are taken in nets mounted on poles; shooting

is not practised, lest it should permanently scare the birds away.

Fowling has somewhat decreased in modern times, as the fisheries have

risen in importance. The puffin is most commonly taken for its feathers.

The cod fishery is especially important, dried fish being exported in

large quantity, and the swim-bladders made into gelatine, and also used

and exported for food. The whaling industry came into importance towards

the close of the 19th century, and stations for the extraction of the

oil and whalebone have been established at several points, under careful

regulations designed to mitigate the pollution of water, the danger to

live-stock from eating the blubber, &c. The finner whale is the species

most commonly taken.

The trade of the Faeroe Islands was for some time a monopoly in the

hands of a mercantile house at Copenhagen, and this monopoly was

afterwards assumed by the Danish government, but by the law of the 21st

of March 1855 all restrictions were removed. The produce of the whaling

and fishing industries, woollen goods, lamb skins and feathers, are the

chief exports, while in Thorshavn the preserving of fish and the

manufacture of carpets are carried on to some extent. Thorshavn is

situated on the S.E. side of Stromo, upon a narrow tongue of land,

having creeks on each side, where ships may be safely moored. It is the

seat of the chief government and ecclesiastical officials, and has a

government house and a hospital. The houses are generally built of wood

and roofed with birch bark covered with turf. The character of the

people is marked by simplicity of manners, kindness and hospitality.

They are healthy, and the population increases steadily. The Faeroes

form an _amt_ (county) of Denmark. They have also a local parliament

(_lagthing_), consisting of the _amtmann_ and nineteen other members.

Among other duties, this body elects a representative to the upper house

of parliament (_landsthing_) in Denmark; the people choose by vote a

representative in the lower house (_folkething_). The islands are

included in the Danish bishopric of Zealand.

_History._--The early history of the Faeroes is not clear. It appears

that about the beginning of the 9th century Grim Kamban, a Norwegian

emigrant who had left his country to escape the tyranny of Harold

Haarfager, settled in the islands. It is said that a small colony of

Irish and Scottish monks were found in Sudero and dispersed by him. The

Faeroes then already bore their name of Sheep Islands, as these animals

had been found to flourish here exceedingly. Early in the 11th century

Sigmund or Sigismund Bresterson, whose family had flourished in the

southern islands but had been almost exterminated by invaders from the

northern, was sent from Norway, whither he had escaped, to take

possession of the islands for Olaf Trygvason, king of Norway. He

introduced Christianity, and, though he was subsequently murdered,

Norwegian supremacy was upheld, and continued till 1386, when the

islands were transferred to Denmark. English adventurers gave great

trouble to the inhabitants in the 16th century, and the name of Magnus

Heineson, a native of Stromo, who was sent by Frederick II. to clear the

seas, is still celebrated in many songs and stories. There was formerly

a bishopric at Kirkebo, S. of Thorshavn, where remains of the cathedral

may be seen; but it was abolished at the introduction of Protestantism

by Christian III. Denmark retained possession of the Faeroes at the

peace of Kiel in 1815. The native literature of the islands consists of

the _Faereyinga Saga_, dealing with the period of Sigmund Bresterson,

and a number of popular songs and legends of early origin.

BIBLIOGRAPHY.--Lucas Jacobson Debes, _Feroa Reserata_ (Copenhagen,

1673; Eng. transl. London, 1675); Torfaeus, _De rebus gestis

Faereyensium_ (Copenhagen, 1695); I. Landt, _Beskrivelse over

Faroerne_ (1800), and _Descriptions of the Feroe Islands_ (London,

1810); A.J. Symington, _Pen and Pencil Sketches of Faroe and Iceland_

(1862); J. Russel-Jeaffreson, _The Faroe Islands_ (1901); J. Falk

Ronne, _Beskrivelse over Faroerne_ (Copenhagen, 1902); C.H. Ostenfeld,

E. Warming and others, _Botany of the Faeroes_ (Copenhagen,

1901-1903); Annandale, _The Faroes and Iceland_ (Oxford, 1905). The

_Faereyinga Saga_ was translated by F. York Powell (London, 1896); for

folk-songs and legends see S. Kraeth, _Die faroischen Lieder von

Sigurd_ (Paderborn, 1877); V.U. Hammershaimb, _Faeroisk Anthologi_

(Copenhagen, 1886-1891).

FOOTNOTE:

[1] See Hans von Post, "Om Faroarnes uppkomst," _Geologiska

Foreningens i Stockholm Forhandlingar_, vol. xxiv. (1902).

FAESULAE (mod. _Fiesole_, q.v.), an ancient city of Etruria, on the

height 3 m. to the N.E. of Florentia, 970 ft. above sea-level. Remains

of its walls are preserved on all sides, especially on the N.E., in one

place to a height of 12 to 14 courses. The blocks are often not quite

rectangular, and the courses sometimes change; but the general tendency

is horizontal and the walls are not of remote antiquity, the

irregularities in them being rather due to the hardness of the material

employed, the rock of the hill itself. The courses vary in height from 1

to 3 ft., and some blocks are as long as 12-1/2 ft. In this portion of

the wall are two drains, below one of which is a _phallus_. The site of

an ancient gate, and the road below it, can be traced; a little farther

E. was an archway, conjectured by Dennis to be a gate of the Roman

period, destroyed in 1848. The whole circuit of the walls extended for

about 1-2/3 m. The Franciscan monastery (1130 ft.) occupies the site of

the acropolis, once encircled by a triple wall, of which no traces are

now visible. Here was also the _Capitolium_ of Roman times, as an

inscription found here in 1879 records (_Corpus Inscr. Lat._ xi.,

Berlin, 1888, No. 1545). The Roman theatre, below the cathedral to the

N.E., has 19 tiers of stone seats and is 37 yds. in diameter. Above it

is an embanking wall of irregular masonry, and below it some remains of

Roman baths, including five parallel vaults of concrete. Just outside

the town on the E. a reservoir, roofed by the convergence of its sides,

which were of large regular blocks, was discovered in 1832, but filled

in again. Over 1000 silver denarii, all coined before 63 B.C., were

found at Faesulae in 1829. A small museum contains the objects found in

the excavations of the theatre.

Though Faesulae was an Etruscan city, we have no record of it in history

until 215 B.C., when the Gauls passed near it in their march on Rome.

Twelve years later Hannibal seems to have taken this route in his march

south after the victory of the Trebia. It appears to have suffered at

the hands of Rome in the Social War, and Sulla expelled some of the

inhabitants from their lands to make room for his veterans, but some of

the latter were soon driven out in their turn by the former occupiers.

Both the veterans, who soon wasted what they had acquired, and the

dispossessed cultivators joined the partisans of Catiline, and Manlius,

one of his supporters, made his headquarters at Faesulae. Under the

empire we hear practically nothing of it; in A.D. 405 Radagaisus was

crushed in the neighbouring hills, and Belisarius besieged and took it

in A.D. 539.

See L.A. Milani, _Rendiconti dei Lincei_, ser. vi. vol. ix. (1900),

289 seq., on the discovery of an archaic altar of the _Locus sacer_ of

Florence, belonging to Ancharia (Angerona), the goddess of Fiesole.

(T. As.)

FAFNIR, in Scandinavian mythology, the son of the giant Hreidmar. He was

the guardian of the hoard of the Nibelungs and was killed by Sigurd.

FAGGING (from "fag," meaning "weary"; of uncertain etymology), in

English public schools, a system under which, generally with the full

approval of the authorities, a junior boy performs certain duties for a

senior. In detail this custom varies slightly in the different schools,

but its purpose--the maintenance of discipline among the boys

themselves--is the same. Dr Arnold of Rugby defined fagging as "the

power given by the supreme authorities of the school to the Sixth Form,

to be exercised by them over the lower boys, for the sake of securing a

regular government among the boys themselves, and avoiding the evils of

anarchy; in other words, of the lawless tyranny of brute force." Fagging

was a fully established system at Eton and Winchester in the 16th

century, and is probably a good deal older. That the advantages of thus

granting the boys a kind of autonomy have stood the test of time is

obvious from the fact that in almost all the great public schools

founded during the 19th century, fagging has been deliberately adopted

by the authorities. The right to fag carries with it certain

well-defined duties. The fag-master is the protector of his fags, and

responsible for their happiness and good conduct. In cases of bullying

or injustice their appeal is to him, not to the form or house master,

and, except in the gravest cases, all such cases are dealt with by the

fag-master on his own responsibility and without report to the master.

Until recent years a fag's duties included such humble tasks as blacking

boots, brushing clothes, and cooking breakfasts, and there was no limit

as to hours; almost all the fag's spare time being so monopolized. This

is now changed. Fagging is now restricted to such light tasks as running

errands, bringing tea to the "master's" study, and fagging at cricket or

football. At Eton there is no cricket fagging, and at most schools it is

made lighter by all the fags taking their turn in regular order for one

hour, so that each boy has to "fag" but once in so many weeks. At Rugby

there is "study-fagging"--two fags being assigned to each Sixth Form boy

and made responsible for the sweeping out and tidying up of his study

alternately each week,--and "night-fagging"--running errands for the

Sixth between 8.30 and 9.30 every evening,--and each boy can choose

whether he will be a study-fag or night-fag. The right to fag is usually

restricted to the Sixth Form, but at Eton the privilege is also granted

the Fifth, and at Marlborough and elsewhere the Eleven have a right to

fag at cricket, whether in the Sixth or not.

FAGGOT, a bundle of sticks used for firewood. The word is adapted from

the Fr. _fagot_, and appears in Italian as _fagotto_, the name given to

the bassoon (q.v.). "Faggot" is frequently used with reference to the

burning of heretics, and recanted heretics wore an embroidered faggot on

the arm as a symbol of the punishment they had escaped. In the 18th

century the word is used of a "dummy" soldier, appearing on the rolls of

a regiment. It is this use, coupled with the idea of a bundle of sticks

as being capable of subdivision, that appears in the expression

"faggot-vote," a vote artificially created by the minute splitting up of

property so as to give a bare qualification for the franchise.

FAGNIEZ, GUSTAVE CHARLES (1842- ), French historian and economist, was

born in Paris on the 6th of October 1842. Trained at the Ecole des

Chartes and the Ecole des Hautes Etudes, he made his first appearance in

the world of scholarship as the author of an excellent book called

_Etudes sur l'industrie et la classe industrielle a Paris au XIII^e et au

XIV^e siecle_ (1877). This work, composed almost entirely from documents,

many unpublished, opened a new field for historical study. Twenty years

later he supplemented this book by an interesting collection of

_Documents relatifs a l'histoire de l'industrie et du commerce en France_

(2 vols., 1898-1900), and in 1897 he published _L'Economie sociale de la

France sous Henri IV_, a volume containing the results of very minute

research. He did not, however, confine himself to economic history. His

_Le Pere Joseph et Richelieu_ (1894), though somewhat frigid and severe,

is based on a mass of unpublished information, and shows remarkable

psychologic grasp. In 1878 his _Journal parisien de Jean de Maupoint,

prieur de Ste Catherine-de-la-Couture_ was published in vol. iv. of the

_Memoires de la societe de l'histoire de Paris et de l'Ile de France_. He

wrote numerous articles in the _Revue historique_ (of which he was

co-director with Gabriel Monod for some years) and in other learned

reviews, such as the _Revue des questions historiques_ and the _Journal

des savants_. In 1901 he was elected member of the Academie des Sciences

Morales et Politiques.

FAGUET, EMILE (1847- ), French critic and man of letters, was born at

La Roche sur Yon on the 17th of December 1847. He was educated at the

normal school in Paris, and after teaching for some time in La Rochelle

and Bordeaux he came to Paris. After acting as assistant professor of

poetry in the university he became professor in 1897. He was elected to

the academy in 1900, and received the ribbon of the Legion of Honour in

the next year. He acted as dramatic critic to the _Soleil_; from 1892 he

was literary critic to the _Revue bleue_; and in 1896 took the place of

M. Jules Lemaitre on the _Journal des debats_. Among his works are

monographs on _Flaubert_ (1899), _Andre Chenier_ (1902), _Zola_ (1903);

an admirably concise _Histoire de la litterature francaise depuis le

XVII^e siecle jusqu'a nos jours_; series of literary studies on the

17th, 18th and 19th centuries; _Questions politiques_ (1899); _Propos

litteraires_ (3 series, 1902-1905); _Le Liberalisme_ (1902); and

_L'Anticlericalisme_ (1906).

See A. Seche, _Emile Faguet_ (1904).

FA-HIEN (fl. A.D. 399-414), Chinese Buddhist monk, pilgrim-traveller,

and writer, author of one of the earliest and most valuable Chinese

accounts of India. He started from Changgan or Si-gan-fu, then the

capital of the Tsin empire, and passing the Great Wall, crossed the

"River of Sand" or Gobi Desert beyond, that home of "evil demons and hot

winds," which he vividly describes,--where the only way-marks were the

bones of the dead, where no bird appeared in the air above, no animal on

the ground below. Arriving at Khotan, the traveller witnessed a great

Buddhist festival; here, as in Yarkand, Afghanistan and other parts

thoroughly Islamized before the close of the middle ages, Fa-Hien shows

us Buddhism still prevailing. India was reached by a perilous descent of

"ten thousand cubits" from the "wall-like hills" of the Hindu Kush into

the Indus valley (about A.D. 402); and the pilgrim passed the next ten

years in the "central" Buddhist realm,--making journeys to Peshawur and

Afghanistan (especially the Kabul region) on one side, and to the Ganges

valley on another. His especial concern was the exploration of the

scenes of Buddha's life, the copying of Buddhist texts, and converse

with the Buddhist monks and sages whom the Brahmin reaction had not yet

driven out. Thus we find him at Buddha's birthplace on the Kohana,

north-west of Benares; in Patna and on the Vulture Peak near Patna; at

the Jetvana monastery in Oudh; as well as at Muttra on the Jumna, at

Kanauj, and at Tamluk near the mouth of the Hugli. But now the

narrative, which in its earlier portions was primarily historical and

geographical, becomes mystical and theological; miracle-stories and

meditations upon Buddhist moralities and sacred memories almost entirely

replace matters of fact. From the Ganges delta Fa-Hien sailed with a

merchant ship, in fourteen days, to Ceylon, where he transcribed all the

sacred books, as yet unknown in China, which he could find; witnessed

the festival of the exhibition of Buddha's tooth; and remarked the trade

of Arab merchants to the island, two centuries before Mahomet. He

returned by sea to the mouth of the Yangtse-Kiang, changing vessels at

Java, and narrowly escaping shipwreck or the fate of Jonah.

Fa-Hien's work is valuable evidence to the strength, and in many places

to the dominance, of Buddhism in central Asia and in India at the time

of the collapse of the Roman empire in western Europe. His tone

throughout is that of the devout, learned, sensible, rarely hysterical

pilgrim-traveller. His record is careful and accurate, and most of his

positions can be identified; his devotion is so strong that it leads him

to depreciate China as a "border-land," India the home of Buddha being

the true "middle kingdom" of his creed.

See James Legge, _Record of Buddhistic Kingdoms, being an account by

the Chinese Monk Fa-hien of his travels in India and Ceylon_;

translated and edited, with map, &c. (Oxford, 1886); S. Beal, _Travels

of Fah-Hian and Sung-Yun, Buddhist pilgrims from China to India, 400

and 518 A.D._, translated, with map, &c. (1869); C.R. Beazley, _Dawn

of Modern Geography_, vol. i. (1897), pp. 478-485.

FAHLCRANTZ, CHRISTIAN ERIK (1790-1866), Swedish author, was born at

Stora Tuna in Sweden on the 30th of August 1790. His brothers, Carl

Johan (1774-1861), the landscape-painter, and Axel Magnus (1780-1854),

the sculptor, became hardly less distinguished than himself. In 1804 he

entered the university of Upsala; in 1821 he became tutor in Arabic, and

in 1825 professor of Oriental languages. In 1828 he entered the church,

but earlier than this, in 1825, he published his _Noachs Ark_, a

successful satire on the literary and social life of his time, followed

in 1826 by a second part. In 1835 Fahlcrantz brought out the first part

of his epic of _Ansgarius_, which was completed in 1846, in 14 cantos.

In 1842 he was made a member of the Swedish Academy, and in 1849 he was

made bishop of Vesteras, his next literary work being an archaeological

study on the beautiful ancient cathedral of his diocese. In the course

of the years 1858-1861 appeared the five volumes of his _Rom forr och

nu_ (_Rome as it was and is_), a theological polemic, mainly directed

against the Jesuits. He died on the 6th of August 1866. His complete

works (7 vols., Orebro, 1863-1866) were issued mainly under his own

superintendence.

FAHRENHEIT, GABRIEL DANIEL (1686-1736), German physicist, was born at

Danzig on the 14th of May 1686. For the most part he lived in England

and Holland, devoting himself to the study of physics and making a

living, apparently, by the manufacture of meteorological instruments. He

was the author of important improvements in the construction of

thermometers, and he introduced the thermometric scale known by his name

and still extensively used in Great Britain and the United States (see

THERMOMETRY). He also invented an improved form of hygrometer, a

description of which, together with accounts of various observations and

experiments made by him, was published in the _Phil. Trans._ for 1724.

He died in Holland on the 16th of September 1736.

FAIDHERBE, LOUIS LEON CESAR (1818-1889), French general and colonial

administrator, was born on the 3rd of June 1818, at Lille, received his

military education at the Ecole Polytechnique and at Metz, and entered

the engineers in 1840. From 1844 to 1847 he served in Algeria, then two

years in the West Indies, and again in Algeria, taking part in many

expeditions against the Arabs. In 1852 he was transferred to Senegal as

sub-director of engineers, and in 1854 was promoted _chef de bataillon_

and appointed governor of the colony. He held this post with one brief

interval until July 1865. The work he accomplished in West Africa

constitutes his most enduring monument. At that time France possessed in

Senegal little else than the town of St Louis and a strip of coast.

Explorers had, however, made known the riches and possibilities of the

Niger regions, and Faidherbe formed the design of adding those countries

to the French dominions. He even dreamed of creating a French African

empire stretching from Senegal to the Red Sea. To accomplish even the

first part of his design he had very inadequate resources, especially in

view of the aggressive action of Omar Al-Hadji, the Moslem ruler of the

countries of the middle Niger. By boldly advancing the French outposts

on the upper Senegal Faidherbe stemmed the Moslem advance, and by an

advantageous treaty with Omar in 1860 brought the French possessions

into touch with the Niger. He also brought into subjection the country

lying between the Senegal and Gambia. When he resigned his post French

rule had been firmly established over a very considerable and fertile

area and the foundation laid upon which his successors built up the

predominant position occupied now by France in West Africa. In 1863 he

became general of brigade. From 1867 to the early part of 1870 he

commanded the subdivision of Bona in Algeria, and was commanding the

Constantine division at the commencement of the Franco-German War.

Promoted general of division in November 1870, he was on the 3rd of

December appointed by the Government of National Defence to be

commander-in-chief of the army of the North. In this post he showed

himself to be possessed of the highest military talents, and the

struggle between the I. German army and that commanded by Faidherbe, in

which were included the hard-fought battles of Pont Noyelles, Bapaume

and St Quentin, was perhaps the most honourable to the French army in

the whole of the People's War. Even with the inadequate force of which

he disposed he was able to maintain a steady resistance up to the end of

the war. Elected to the National Assembly for the department of the

Nord, he resigned his seat in consequence of its reactionary

proceedings. For his services he was decorated with the grand cross, and

made chancellor of the order of the Legion of Honour. In 1872 he went on

a scientific mission to Upper Egypt, where he studied the monuments and

inscriptions. An enthusiastic geographer, philologist and archaeologist,

he wrote numerous works, among which may be mentioned _Collection des

inscriptions numidiques_ (1870), _Epigraphie phenicienne_ (1873), _Essai

sur la langue poul_ (1875), and _Le Zenaga des tribes senegalaises_

(1877), the last a study of the Berber language. He also wrote on the

geography and history of Senegal and the Sahara, and _La Campagne de

l'armee du Nord_ (1872). He was elected a senator in 1879, and, in spite

of failing health, continued to the last a close student of his

favourite subjects. He died on the 29th of September 1889, and received

a public funeral. Statues and monuments to his memory were erected at

Lille, Bapaume, St Quentin and St Louis, Senegal.

FAIENCE, properly the French term for the _porzellana di Faenza_, a fine

kind of glazed and painted earthenware made at Faenza in Italy, hence a

term applied generally to all kinds of pottery other than unglazed

pottery or porcelain. It is often particularly applied to the

translucent earthenware made in Persia (see CERAMICS).

FAILLY, PIERRE LOUIS CHARLES DE (1810-1892), French general, was born at

Rozoy-sur-Serre (Aisne) on the 21st of January 1810, and entered the

army from St Cyr in 1828. In 1851 he had risen to the rank of colonel,

and Napoleon III., with whom he was a favourite, made him general of

brigade in 1854 and general of division in 1855, after which for a time

De Failly was his aide-de-camp. In the war of 1859 De Failly commanded a

division, and in 1867 he defeated Garibaldi at Mentana, this action

being the first in which the chassepot was used. In 1870 De Failly

commanded the V. corps. His inactivity at Bitsch on the 6th of August

while the I. corps on his right and the II. corps on his left were

crushed at Worth and Spicheren respectively, gave rise to the greatest

indignation in France, and his military career ended, after the V. corps

had been severely handled at Beaumont on the 30th of August, with the

catastrophe of Sedan. The rest of his life was spent in retirement. De

Failly wrote _Campaigne de 1870, Operations et marche du 5^me corps

jusqu'au 30 aout_ (Brussels, 1871).

FAIN, AGATHON JEAN FRANCOIS (1778-1837), French historian, was born in

Paris on the 11th of January 1778. Having gained admittance to the

offices of the Directory, he became head of a department. Under the

Consulate he entered the office of the secretary of state, in the

department of the archives. In 1806 he was appointed secretary and

archivist to the _cabinet particulier_ of the emperor, whom he attended

on his campaigns and journeys. He was created a baron of the empire in

1809, and, on the fall of Napoleon, was first secretary of the cabinet

and confidential secretary. Compelled by the second Restoration to

retire into private life, he devoted his leisure to writing the history

of his times, an occupation for which his previous employments well

fitted him. He published successively _Manuscrit de 1814, contenant

l'histoire des six derniers mois du regne de Napoleon_ (1823; new

edition with illustrations, 1906); _Manuscrit de 1813, contenant le

precis des evenements de cette annee pour servir a l'histoire de

l'empereur Napoleon_ (1824); _Manuscrit de 1812_ (1827); and _Manuscrit

de l'an iii. (1794-1795), contenant les premieres transactions de

l'Europe avec la republique francaise et le tableau des derniers

evenements du regime conventionnel_ (1828), all of which are remarkable

for accuracy and wide range of knowledge, and are a very valuable source

for the history of Napoleon I. Of still greater importance for the

history of Napoleon are Fain's _Memoires_, which were published

posthumously in 1908; they relate more particularly to the last five

years of the empire, and give a detailed picture of the emperor at work

on his correspondence among his confidential secretaries. Immediately

after the overthrow of Charles X., King Louis Philippe appointed Fain

first secretary of his cabinet (August 1830). Fain was a member of the

council of state and deputy from Montargis from 1834 until his death,

which occurred in Paris on the 16th of September 1837.

FAIR, a commercial institution, defined as a "greater species of market

recurring at more distant intervals": both "fair" and "market" (q.v.)

have been distinguished by Lord Coke from "mart," which he considers as

a greater species of fair; and all three may be defined as periodic

gatherings of buyers and sellers in an appointed place, subject to

special regulation by law or custom. Thus in England from a strictly

legal point of view there can be no fair or market without a franchise;

and a franchise of fair or market can only be exercised by right of a

grant from the crown, or by the authority of parliament or by

prescription presupposing a grant. In the earliest times periodical

trading in special localities was necessitated by the difficulties of

communication and the dangers of travel. Public gatherings, whether

religious, military or judicial, which brought together widely scattered

populations, were utilized as opportunities for commerce. At the

festivals of Delos and at the Olympic games trade, it is said, found

important outlets, while in Etruria the annual general assembly at the

temple of Voltumna served at the same time as a fair and was regularly

attended by Roman traders. Instances of a similar nature might be

multiplied; but it was above all with religious festivals which recurred

with regularity and convoked large numbers of persons that fairs, as

distinguished from markets, are most intimately associated.

The most commonly accepted derivation of the word "fair" is from the

Latin _feria_, a name which the church borrowed from Roman custom and

applied to her own festivals. A fair was generally held during the

period of a saint's feast and in the precincts of his church or abbey,

but in England this desecration of church or churchyard was first

forbidden by the Statute of Winton (c. Edward I.). Most of the famous

fairs of medieval England and Europe, with their tolls or other

revenues, and, within certain limits of time and place, their monopoly

of trade, were grants from the sovereign to abbots, bishops and other

ecclesiastical dignitaries. Their "holy day" associations are preserved

in the German word for fairs, _Messen_; as also in the _kirmiss_,

"church mass," of the people of Brittany. So very intimate was the

connexion between the fair and the feast of the saint that the former

has very commonly been regarded as an off-shoot or development of the

latter. But there is every reason to suppose that fairs were already

existing national institutions, long before the church turned or was

privileged to turn them to her own profit.

The first charter of the great fair of Stourbridge, near Cambridge, was

granted by King John for the maintenance of a leper hospital; but the

origin of the fair itself is ascribed to Carausius, the rebel emperor of

Britain, A.D. 207. At all events, it may be seen from the _data_ given

in Herbert Spencer's _Descriptive Sociology_ that the country had then

arrived at the stage of development where fairs might have been

recognized as a necessity. The Romans also appear to have elaborated a

market-law similar to that in force throughout medieval Europe--though

it must be observed that the Roman _nundinae_, which some have regarded

as fairs, were weekly markets. It has also been supposed that the

ancient fairs of Lyons were a special privilege granted by the Roman

conquerors; and Sidonius Apollinaris, A.D. 427, alludes to the fairs of

the district afterwards known as the county of Champagne, as if they

were then familiarly known institutions. Fairs, in a word, would not

only have arisen naturally, wherever the means of communication between

individual centres of production and consumption were felt to be

inadequate to the demand for an interchange of commodities; but, from

their very nature, they might be expected to show some essential

resemblances, even in points of legislation, and where no international

transmission of custom could have been possible. Thus, the fair courts

of pre-Spanish Mexico corresponded very closely to those of the

Beaucaire fair. They resembled the English courts of piepowder. The

Spaniards, when first they saw the Mexican fairs, were reminded of the

like institutions in Salamanca and Granada. The great fair or market at

the city of Mexico is said to have been attended by about 40,000 or

50,000 persons, and is thus described by Prescott:--

"Officers patrolled the square, whose business it was to keep the

peace, to collect the dues imposed on the various kinds of

merchandise, to see that no false measures or fraud of any kind were

used, and to bring offenders at once to justice. A court of twelve

judges sat in one part of the _tianguez_ clothed with those ample and

summary powers which, in despotic countries, are often delegated even

to petty tribunals. The extreme severity with which they exercised

those powers, in more than one instance, proves that they were not a

dead letter."

But notwithstanding the great antiquity of fairs, their charters are

comparatively modern--the oldest known being that of St Denys, Paris,

which Dagobert, king of the Franks, granted (A.D. 642) to the monks of

the place "for the glory of God, and the honour of St Denys at his

festival."

In England it was only after the Norman conquest that fairs became of

capital importance. Records exist of 2800 grants of franchise markets

and fairs between the years 1199 and 1483. More than half of these were

made during the reigns of John and Henry III., when the power of the

church was in ascendancy. The first recorded grant, however, appears to

be that of William the Conqueror to the bishop of Winchester, for leave

to hold an annual "free fair" at St Giles's hill. The monk who had been

the king's jester received his charter of Bartholomew fair, Smithfield,

in the year 1133. And in 1248 Henry III. granted a like privilege to the

abbot of Westminster, in honour of the "translation" of Edward the

Confessor. Sometimes fairs were granted to towns as a means for enabling

them to recover from the effects of war and other disasters. Thus,

Edward III. granted a "free fair" to the town of Burnley in Rutland,

just as, in subsequent times, Charles VII. favoured Bordeaux after the

English wars, and Louis XIV. gave fair charters to the towns of Dieppe

and Toulon. The importance attached to these old fairs may be understood

from the inducements which, in the 14th century, Charles IV. held out to

traders visiting the great fair of Frankfort-on-Main. The charter

declared that both during the continuance of the fair, and for eighteen

days before and after it, merchants would be exempt from imperial

taxation, from arrest for debt, or civil process of any sort, except

such as might arise from the transactions of the market itself and

within its precincts. Philip of Valois's regulations for the fairs of

Troyes in Champagne might not only be accepted as typical of all

subsequent fair-legislation of the kingdom, but even of the English and

German laws on the subject. The fair had its staff of notaries for the

attestation of bargains, its court of justice, its police officers, its

sergeants for the execution of the market judges' decrees, and its

visitors--of whom we may mention the _prud'hommes_,--whose duty it was

to examine the quality of goods exposed for sale, and to confiscate

those found unfit for consumption. The confiscation required the consent

of five or six representatives of the merchant community at the fair.

The effect of these great "free fairs" of England and the continent on

the development of society was indeed great. They helped to familiarize

the western and northern countries with the banking and financial

systems of the Lombards and Florentines, who resorted to them under the

protection of the sovereign's "firm peace," and the ghostly terrors of

the pope. They usually became the seat of foreign agencies. In the names

of her streets Provins preserved the memory of her 12th-century

intercourse with the agents and merchants of Germany and the Low

Countries, and long before that time the Syrian traders at St Denys had

established their powerful association in Paris. Like the church on the

religious side, the free fairs on the commercial side evoked and

cherished the international spirit. And during long ages, when

commercial "protection" was regarded as indispensable to a nation's

wealth, and the merchant was compelled to "fight his way through a

wilderness of taxes," they were the sole and, so far as they went, the

complete substitute for the free trade of later days.

Their privileges, however, were, from their very nature, destined to

grow more oppressive and intolerable the more the towns were multiplied

and the means of communication increased. The people of London were

compelled to close their shops during the days when the abbot of

Westminster's fair was open. But a more curious and complete instance of

such an ecclesiastical monopoly was that of the St Giles's fair, at

first granted for the customary three days, which were increased by

Henry III. to sixteen. The bishop of Winchester was, as we have seen,

the lord of this fair. On the eve of St Giles's feast the magistrates of

Winchester surrendered the keys of the city gates to the bishop, who

then appointed his own mayor, bailiff and coroner, to hold office until

the close of the fair. During the same period, Winchester and

Southampton also--though it was then a thriving trading town--were

forbidden to transact their ordinary commercial business, except within

the bishop's fair, or with his special permission. The bishop's officers

were posted along the highways, with power to forfeit to his lordship

all goods bought and sold within 7 m. of the fair--in whose centre stood

"the pavilion," or bishop's court. It is clear, from the curious record

of the _Establishment and Expenses of the Household_ of Percy, 5th earl

of Northumberland, that fairs were the chief centres of country traffic

even as late as the 16th century. They began to decline rapidly after

1759, when good roads had been constructed and canal communication

established between Liverpool and the towns of Yorkshire, Cheshire and

Lancashire. In the great towns their extinction was hastened in

consequence of their evil effects on public morals. All the London fairs

were abolished as public nuisances before 1855--the last year of the

ever famous fair of St Bartholomew; and the fairs of Paris were swept

away in the storm of the Revolution.

_English Fairs and Markets._--For the general reasons apparent from the

preceding sketch, fairs in England, as in France and Germany, have very

largely given way to markets for specialities. Even the live-stock

market of the metropolis is being superseded by the dead-meat market, a

change which has been encouraged by modern legislation on cattle

disease, the movements of home stock and the importation of foreign

animals. Agricultural markets are also disappearing before the

"agencies" and the corn exchanges in the principal towns. Still there

are some considerable fairs yet remaining. Of the English fairs for live

stock, those of Weyhill in Hampshire (October 10), St Faith's, near

Norwich (October 17), as also several held at Devizes, Wiltshire, are

among the largest in the kingdom. The first named stands next to none

for its display of sheep. Horncastle, Lincolnshire, is the largest horse

fair in the kingdom, and is regularly visited by American and

continental dealers. The other leading horse fairs in England are Howden

in Yorkshire (well known for its hunters), Woodbridge (on Lady Day) for

Suffolk horses, Barnet in Hertfordshire, and Lincoln. Exeter December

fair has a large display of cattle, horses and most kinds of

commodities. Large numbers of Scotch cattle are also brought to the

fairs of Carlisle and Ormskirk. Nottingham has a fair for geese. Ipswich

has a fair for lambs on the 1st of August, and for butter and cheese on

the 1st of September. Gloucester fair is also famous for the last-named

commodity. Falkirk fair, or tryst, for cattle and sheep, is one of the

largest in Scotland; and Ballinasloe, Galway, holds a like position

among Irish fairs. The Ballinasloe cattle are usually fed for a year in

Leinster before they are considered fit for the Dublin or Liverpool

markets.

_French Fairs._--In France fairs and markets are held under the

authority of the prefects, new fairs and markets being established by

order of the prefects at the instance of the commune interested. Before

the Revolution fairs and markets could only be established by _seigneurs

justiciers_, but only two small markets have survived the law of 1790

abolishing private ownership of market rights, namely, the _Marche Ste

Catherine_ and the _Marche des enfants rouges_, both in Paris. Under the

present system markets and fairs are held in most of the towns and

villages in France; and at all such gatherings entertainments form an

important feature. The great fair of Beaucaire instituted in 1168 has

steadily declined since the opening of railway communication, and now

ranks with the fairs of ordinary provincial towns. Situated at the

junction of the Rhone and the Canal du Midi, and less than 40 m. from

the sea, it at one time attracted merchants from Spain, from Switzerland

and Germany, and from the Levant and Mediterranean ports, and formed one

of the greatest temporary centres of commerce on the continent. One

trade firm alone, it is said, rarely did less than 1,000,000 francs

worth of business during the fortnight that the fair lasted.

_German Fairs._--In Germany the police authorities are considered the

market authorities, and to them in most cases is assigned the duty of

establishing new fairs and markets, subject to magisterial decision. The

three great fairs of Germany are those of Frankfort-on-Main,

Frankfort-on-Oder and Leipzig, but, like all the large fairs of Europe,

they have declined rapidly in importance. Those of Frankfort-on-Main

begin on Easter Tuesday and on the nearest Monday to September 8

respectively, and their legal duration is three weeks, though the limit

is regularly extended. The fairs of the second-named city are

_Reminiscere_, February or March; _St Margaret_, July; _St Martin_,

November. Ordinarily they last fifteen days, which is double the legal

term. The greatest of the German fairs are those of Leipzig, whose

display of books is famous all over the world. Its three fairs are dated

January 1, Easter, Michaelmas. The Easter one is the book fair, which is

attended by all the principal booksellers of Germany, and by many more

from the adjoining countries. Most German publishers have agents at

Leipzig. As many as 5000 new publications have been entered in a single

Leipzig catalogue. As in the other instances given, the Leipzig fairs

last for three weeks, or nearly thrice their allotted duration. Here no

days of grace are allowed, and the holder of a bill must demand payment

when due, and protest, if necessary, on the same day, otherwise he

cannot proceed against either drawer or endorser.

_Russian Fairs._--In Russia fairs are held by local authorities. Landed

proprietors may also hold fairs on their estates subject to the sanction

of the local authorities; but no private tolls may be levied on

commodities brought to such fairs. In Siberia and the east of Russia,

where more primitive conditions foster such centres of trade, fairs are

still of considerable importance. Throughout Russia generally they are

very numerous. The most important, that of Nijni Novgorod, held annually

in July and August at the confluence of the rivers Volga and Kama, was

instituted in the 17th century by the tsar Michael Fedorovitch. In 1881

it was calculated that trade to the value of 246,000,000 roubles was

carried on within the limits of the fair. It still continues to be of

great commercial importance, and is usually attended by upwards of

100,000 persons from all parts of Asia and eastern Europe. Other fairs

of consequence are those of Irbit in Perm, Kharkoff (January and

August), Poltava (August and February), Koreunais in Koursk,

Ourloupinsknia in the Don Cossack country, Krolevetz in Tchernigoff, and

a third fair held at Poltava on the feast of the Ascension.

_Indian Fairs._--The largest of these, and perhaps the largest in Asia,

is that of Hurdwar, on the upper course of the Ganges. The visitors to

this holy fair number from 200,000 to 300,000; but every twelfth year

there occurs a special pilgrimage to the sacred river, when the numbers

may amount to a million or upwards. Those who go solely for the purposes

of trade are Nepalese, Mongolians, Tibetans, central Asiatics and

Mahommedan pedlars from the Punjab, Sind and the border states. Persian

shawls and carpets, Indian silks, Kashmir shawls, cottons (Indian and

English), preserved fruits, spices, drugs, &c., together with immense

numbers of cattle, horses, sheep and camels, are brought to this famous

fair.

_American Fairs._--The word "fair," as now used in the United States,

appears to have completely lost its Old World meaning. It seems to be

exclusively applied to industrial exhibitions and to what in England are

called fancy bazaars. Thus, during the Civil War, large sums were

collected at the "sanitary fairs," for the benefit of the sick and

wounded. To the first-named class belong the state and county fairs, as

they are called. Among the first and best-known of these was the "New

York World's Fair," opened in 1853 by a company formed in 1851. (See

EXHIBITION.)

_Law of Fairs._--As no market or fair can be held in England without a

royal charter, or right of prescription, so any person establishing a

fair without such sanction is liable to be sued under a writ of _Quo

warranto_, by any one to whose property the said market may be

injurious. Nor can a fair or market be legally held beyond the time

specified in the grant; and by 5 Edward III. c. 5 (1331) a merchant

selling goods after the legal expiry of the fair forfeited double

their value. To be valid, a sale must take place in "market-overt"

(open market); "it will not be binding if it carries with it a

presumption of fraudulence." These regulations satisfied, the sale

"transfers a complete property in the thing sold to the vendee; so

that however injurious or illegal the title of the vendor may be, yet

the vendee's is good against all men except the king." (In Scottish

law, the claims of the real owner would still remain valid.) However,

by 21 Henry VIII. c. 2 (1529) it was enacted that, "if any felon rob

or take away money, goods, or chattels, and be indicted and found

guilty, or otherwise attainted upon evidence given by the owner or

party robbed, or by any other by their procurement, the owner or party

robbed shall be restored to his money, goods or chattels," but only

those goods were restored which were specified in the indictment, now

could the owner recover from a _bona fide_ purchaser in market-overt

who had sold the goods before conviction. For obvious reasons the

rules of market-overt were made particularly stringent in the case of

horses. Thus, by 2 Philip & Mary c. 7 (1555) and 31 Eliz. c. 12 (1589)

no sale of a horse was legal which had not satisfied the following

conditions;--Public exposure of the animal for at least an hour

between sunrise and sunset; identification of the vendor by the market

officer, or guarantee for his honesty by "one sufficient and credible

person"; entry of these particulars, together with a description of

the animal, and a statement of the price paid for it, in the market

officer's book. Even if his rights should have been violated in spite

of all these precautions, the lawful owner could recover, if he

claimed within six months, produced witnesses, and tendered the price

paid to the vendor. Tolls were not a "necessary incident" of a

fair--i.e. they were illegal unless specially granted in the patent,

or recognized by custom. As a rule, they were paid only by the vendee,

and to the market clerk, whose record of the payment was an

attestation to the genuineness of the purchase. By 2 & 3 Philip & Mary

c. 7 every lord of a fair entitled to exact tolls was bound to appoint

a clerk to collect and enter them. It was also this functionary's

business to test measures and weights. Tolls, again, are sometimes

held to include "stallage" and "picage," which mean respectively the

price for permission to erect stalls and to dig holes for posts in the

market grounds. But toll proper belongs to the lord of the market,

whereas the other two are usually regarded as the property of the lord

of the soil. The law also provided that stallage might be levied on

any house situated in the vicinity of a market, and kept open for

business during the legal term of the said market. Among modern

statutes, one of the chief is the Markets and Fairs Clauses Act 1847,

the chief purpose of which was to consolidate previous measures. By

the act no proprietors of a new market were permitted to let

stallages, take tolls, or in any way open their ground for business,

until two justices of the peace certified to the completion of the

fair or market. After the opening of the place for public use, no

person other than a licensed hawker may sell anywhere within the

borough, his own house or shop excepted, any articles in respect of

which tolls are legally exigible in the market. A breach of this

provision entails a penalty of forty shillings. Vendors of unwholesome

meat are liable to a penalty of L5 for each offence; and the

"inspectors of provisions" have full liberty to seize the goods and

institute proceedings against the owners. They may also enter "at all

times of the day, with or without assistance," the slaughter-house

which the undertaker of the market may, by the special act, have been

empowered to construct. For general sanitary reasons, persons are

prohibited from killing animals anywhere except in these

slaughter-houses. Again, by the Fairs Act 1873, times of holding fairs

are determined by the secretary of state; while the Fairs Act 1871

empowers him to abolish any fair on the representation of the

magistrate and with the consent of the owner. The preamble of the act

states that many fairs held in England and Wales are both unnecessary

and productive of "grievous immorality."

_The Fair Courts._--The piepowder courts, the lowest but most

expeditious courts of justice in the kingdom, as Chitty calls them,

were very ancient. The Conqueror's law _De Emporiis_ shows their

pre-existence in Normandy. Their name was derived from _pied

poudreux_, i.e. "dusty-foot."[1] The lord of the fair or his

representative was the presiding judge, and usually he was assisted by

a jury of traders chosen on the spot. Their jurisdiction was limited

by the legal time and precincts of the fair, and to disputes about

contracts, "slander of wares," attestations, the preservation of

order, &c.

_Authorities._--See Herbert Spencer's _Descriptive Sociology_ (1873),

especially the columns and paragraphs on "Distribution"; Prescott's

_History of Mexico_, for descriptions of fairs under the Aztecs; Giles

Jacob's _Law Dictionary_ (London, 1809); Joseph Chitty's _Treatise on

the Law of Commerce and Manufactures_, vol. ii. chap. 9 (London,

1824); Holinshed's and Grafton's _Chronicles_, for lists, &c., of

English fairs; Meyer's _Das grosse Conversations-Lexicon_ (1852),

under "Messen"; article "Foire" in Larousse's _Dictionnaire

universelle du XIX^e siecle_ (Paris, 1866-1874), and its references to

past authorities; and especially, the second volume, commercial

series, of the _Encyclopedie methodique_ (Paris, 1783); M'Culloch's

_Dictionary of Commerce_ (1869-1871); Wharton's _History of English

Poetry_, pp. 185, 186 of edition of 1870 (London, Murray & Son), for a

description of the Winchester Fair, &c.; a note by Professor Henry

Morley in p. 498, vol. vii. _Notes and Queries_, second series; the

same author's unique _History of the Fair of St Bartholomew_ (London,

1859); Wharton's _Law Lexicon_ (Will's edition, London, 1876); P.

Huvelin's _Essai historique sur le droit des marches et des foires_

(Paris, 1897); _Report of the Royal Commission on Market Rights and

Tolls_, vols. i. (1889), xiv. (1891); _Final Report_ (1891); Walford's

_Fairs, Past and Present_ (1883); _The Law relating to Markets and

Fairs_, by Pease and Chitty (London, 1899). (J. Ma.; Ev. C.*)

FOOTNOTE:

[1] In Med. Lat. _pede-pulverosus_ meant an itinerant merchant or

pedlar. In Scots borough law "marchand travelland" and "dusty fute"

are identical.

FAIRBAIRN, ANDREW MARTIN (1838- ), British Nonconformist divine, was

born near Edinburgh on the 4th of November 1838. He was educated at the

universities of Edinburgh and Berlin, and at the Evangelical Union

Theological Academy in Glasgow. He entered the Congregational ministry

and held pastorates at Bathgate, West Lothian and at Aberdeen. From 1877

to 1886 he was principal of Airedale College, Bradford, a post which he

gave up to become the first principal of Mansfield College, Oxford. In

the transference to Oxford under that name of Spring Hill College,

Birmingham, he took a considerable part, and he has exercised influence

not only over generations of his own students, but also over a large

number of undergraduates in the university generally. He was granted the

degree of M.A. by a decree of Convocation, and in 1903 received the

honorary degree of doctor of literature. He was also given the degrees

of doctor of divinity of Edinburgh and Yale, and doctor of laws of

Aberdeen. His activities were not limited to his college work. He

delivered the Muir lectures at Edinburgh University (1878-1882), the

Gifford lectures at Aberdeen (1892-1894), the Lyman Beecher lectures at

Yale (1891-1892), and the Haskell lectures in India (1898-1899). He was

a member of the Royal Commission of Secondary Education in 1894-1895,

and of the Royal Commission on the Endowments of the Welsh Church in

1906. In 1883 he was chairman of the Congregational Union of England and

Wales. He is a prolific writer on theological subjects. He resigned his

position at Mansfield College in the spring of 1909.

Among his works are:--_Studies in the Philosophy of Religion and

History_ (1876); _Studies in the Life of Christ_ (1881); _Religion in

History and in Modern Life_ (1884; rev. 1893); _Christ in Modern

Theology_ (1893); _Christ in the Centuries_ (1893); _Catholicism Roman

and Anglican_ (1899); _Philosophy of the Christian Religion_ (1902);

_Studies in Religion and Theology_ (1909).

FAIRBAIRN, SIR WILLIAM, Bart. (1789-1874), Scottish engineer, was born

on the 19th of February 1789 at Kelso, Roxburghshire, where his father

was a farm-bailiff. In 1803 he obtained work at three shillings a week

as a mason's labourer on the bridge then being built by John Rennie at

Kelso; but within a few days he was incapacitated by an accident. Later

in the same year, his father having been appointed steward on a farm

connected with Percy Main Colliery near North Shields, he obtained

employment as a carter in connexion with the colliery. In March 1804 he

was bound an apprentice to a millwright at Percy Main, and then found

time to supplement the deficiencies of his early education by systematic

private study. It was at Percy Main that he made the acquaintance of

George Stephenson, who then had charge of an engine at a neighbouring

colliery. For some years subsequent to the expiry of his apprenticeship

in 1811, he lived a somewhat roving life, seldom remaining long in one

place and often reduced to very hard straits before he got employment.

But in 1817 he entered into partnership with a shopmate, James Lillie,

with whose aid he hired an old shed in High Street, Manchester, where he

set up a lathe and began business. The firm quickly secured a good

reputation, and the improvements in mill-work and water-wheels

introduced by Fairbairn caused its fame to extend beyond Manchester to

Scotland and even the continent of Europe. The partnership was dissolved

in 1832.

In 1830 Fairbairn had been employed by the Forth and Clyde Canal Company

to make experiments with the view of determining whether it were

possible to construct steamers capable of traversing the canal at a

speed which would compete successfully with that of the railway; and the

results of his investigation were published by him in 1831, under the

title _Remarks on Canal Navigation_. His plan of using iron boats proved

inadequate to overcome the difficulties of this problem, but in the

development of the use of this material both in the case of merchant

vessels and men-of-war he took a leading part. In this way also he was

led to pursue extensive experiments in regard to the strength of iron.

In 1835 he established, in connexion with his Manchester business, a

shipbuilding yard at Millwall, London, where he constructed several

hundred vessels, including many for the royal navy; but he ultimately

found that other engagements prevented him from paying adequate

attention to the management, and at the end of fourteen years he

disposed of the concern at a great loss. In 1837 he was consulted by the

sultan of Turkey in regard to machinery for the government workshops at

Constantinople. In 1845 he was employed, in conjunction with Robert

Stephenson, in constructing the tubular railway bridges across the

Conway and Menai Straits. The share he had in the undertaking has been

the subject of some dispute; his own version is contained in a volume he

published in 1849, _An Account of the Construction of the Britannia and

Conway Tubular Bridges_. In 1849 he was invited by the king of Prussia

to submit designs for the construction of a bridge across the Rhine, but

after various negotiations, another design, by a Prussian engineer,

which was a modification of Fairbairn's, was adopted. Another matter

which engaged much of Fairbairn's attention was steam boilers, in the

construction of which he effected many improvements. Amid all the cares

of business he found time for varied scientific investigation. In 1851

his fertility and readiness of invention greatly aided an inquiry

carried out at his Manchester works by Sir William Thomson (Lord Kelvin)

and J.P. Joule, at the instigation of William Hopkins, to determine the

melting points of substances under great pressure; and from 1861 to 1865

he was employed to guide the experiments of the government committee

appointed to inquire into the "application of iron to defensive

purposes." He died at Moor Park, Surrey, on the 18th of August 1874.

Fairbairn was a member of many learned societies, both British and

foreign, and in 1861 served as president of the British Association. He

declined a knighthood, in 1861, but accepted a baronetcy in 1869.

His youngest brother, SIR PETER FAIRBAIRN (1799-1861), founded a large

machine manufacturing business in Leeds. Starting on a small scale with

flax-spinning machinery, he subsequently extended his operations to the

manufacture of textile machinery in general, and finally to that of

engineering tools. He was knighted in 1858.

See _The Life of Sir William Fairbairn_, partly written by himself and

edited and completed by Dr William Pole (1877).