[1] The nature of the evidence may be gathered from Savigny, _Gesch.
d. rom. Rechts_. See especially i. pp. 154, 259 seq.
[2] Compare Lembke u. Schafer, _Geschichte von Spanien_, i. 314; ii.
117.
[3] Or rather _forus_. See Ducange, s.v.
[4] Cap. xx. begins: "Constituimus etiam ut Legionensis civitas, quae
depopulata fuit a Sarracenis in diebus patris mei Veremundi regis,
repopulatur _per hos foros subscriptos_."
[5] "Mando et concedo et confirmo ut ista civitas cum sua plebe et
cum omnibus suis pertinentiis sub tali lege et sub tali foro maneat
per saecula cuncta. Amen. Isti sunt fueros quae habuerunt in Naxera
in diebus Sanctii regis et Gartiani regis."
[6] "Ego Aldefonsus rex et uxor mea Agnes confirmamus ad
Septempublica suo foro quod habuit in tempore antiquo de avolo meo et
in tempore comitum Ferrando Gonzalez et comite Garcia Ferdinandez et
comite Domno Santio."
[7] This Latin is later even than that of Ferdinand, whose words are:
"Statuo et mando quod Liber Judicum, quo ego misi Cordubam,
translatetur in vulgarem et vocetur forum de Corduba ... et quod per
saecula cuncta sit pro foro et nullus sit ausus istud forum aliter
appellare nisi forum de Corduba, et jubeo et mando quod omnis morator
et populator ... veniet ad judicium et ad forum de Corduba."
FUERTEVENTURA, an island in the Atlantic Ocean, forming part of the
Spanish archipelago of the Canary Islands (q.v.). Pop. (1900) 11,669;
area 665 sq. m. Fuerteventura lies between Lanzarote and Grand Canary.
It has a length of 52 m., and an average width of 12 m. Though less
mountainous than the other islands, its aspect is barren. There are only
two springs of fresh water, and these are confined to one valley. Lava
streams and other signs of volcanic action abound, but there has been no
igneous activity since the Spaniards took possession. At each extremity
of the island are high mountains, which send off branches along the
coast so as to enclose a large arid plain. The highest peak reaches 2500
ft. In external appearance, climate and productions, Fuerteventura
greatly resembles Lanzarote. An interval of three years without rain has
been known. Oliva (pop. 1900, 2464) is the largest town. A smaller place
in the centre of the island named Betancuria (586) is the administrative
capital. Cabras (1000) on the eastern coast is the chief port.
Dromedaries are bred here.
FUGGER, the name of a famous German family of merchants and bankers. The
founder of the family was Johann Fugger, a weaver at Graben, near
Augsburg, whose son, Johann, settled in Augsburg probably in 1367. The
younger Johann added the business of a merchant to that of a weaver, and
through his marriage with Clara Widolph became a citizen of Augsburg.
After a successful career he died in 1408, leaving two sons, Andreas and
Jakob, who greatly extended the business which they inherited from their
father. Andreas, called the "rich Fugger," had several sons, among them
being Lukas, who was very prominent in the municipal politics of
Augsburg and who was very wealthy until he was ruined by the repudiation
by the town of Louvain of a great debt owing to him, and Jakob, who was
granted the right to bear arms in 1452, and who founded the family of
Fugger vom Reh--so called from the first arms of the Fuggers, a roe
(_Reh_) or on a field azure--which became extinct on the death of his
great-grandson, Ulrich, in 1583. Johann Fugger's son, Jakob, died in
1469, and three of his seven sons, Ulrich (1441-1510), Georg (1453-1506)
and Jakob (1459-1525), men of great resource and industry, inherited the
family business and added enormously to the family wealth. In 1473
Ulrich obtained from the emperor Frederick III. the right to bear arms
for himself and his brothers, and about the same time he began to act
as the banker of the Habsburgs, a connexion destined to bring fame and
fortune to his house. Under the lead of Jakob, who had been trained for
business in Venice, the Fuggers were interested in silver mines in Tirol
and copper mines in Hungary, while their trade in spices, wool and silk
extended to almost all parts of Europe. Their wealth enabled them to
make large loans to the German king, Maximilian I., who pledged to them
the county of Kirchberg, the lordship of Weissenhorn and other lands,
and bestowed various privileges upon them. Jakob built the castle of
Fuggerau in Tirol, and erected the Fuggerei at Augsburg, a collection of
106 dwellings, which were let at low rents to poor people and which
still exist. Jakob Fugger and his two nephews, Ulrich (d. 1525) and
Hieronymus (d. 1536), the sons of Ulrich, died without direct heirs, and
the family was continued by Georg's sons, Raimund (1489-1535) and Anton
(1493-1560), under whom the Fuggers attained the summit of their wealth
and influence.
Jakob Fugger's florins had contributed largely to the election of
Charles V. to the imperial throne in 1519, and his nephews and heirs
maintained close and friendly relations with the great emperor. In
addition to lending him large sums of money, they farmed his valuable
quicksilver mines at Almaden, his silver mines at Guadalcanal, the great
estates of the military orders which had passed into his hands, and
other parts of his revenue as king of Spain; receiving in return several
tokens of the emperor's favour. In 1530 Raimund and Anton were granted
the imperial dignity of counts of Kirchberg and Weissenhorn, and
obtained full possession of these mortgaged properties; in 1534 they
were given the right of coining money; and in 1541 received rights of
jurisdiction over their lands. During the diet of Augsburg in 1530
Charles V. was the guest of Anton Fugger at his house in the Weinmarkt,
and the story relates how the merchant astonished the emperor by
lighting a fire of cinnamon with an imperial bond for money due to him.
This incident forms the subject of a picture by Carl Becker which is in
the National Gallery at Berlin. Continuing their mercantile career, the
Fuggers brought the new world within the sphere of their operations, and
also carried on an extensive and lucrative business in farming
indulgences. Moreover, both brothers found time to acquire landed
property, and were munificent patrons of literature and art. When Anton
died he is said to have been worth 6,000,000 florins, besides a vast
amount of property in Europe, Asia and America; and before this time the
total wealth of the family had been estimated at 63,000,000 florins. The
Fuggers were devotedly attached to the Roman Catholic Church, which
benefited from their liberality. Jakob had been made a count palatine
(_Pfalzgraf_) and had received other marks of favour from Pope Leo X.,
and several members of the family had entered the church; one, Raimund's
son, Sigmund, becoming bishop of Regensburg.
In addition to the bishop, three of Raimund Fugger's sons attained some
degree of celebrity. Johann Jakob (1516-1575), was the author of
_Wahrhaftigen Beschreibung des osterreichischen und habsburgischen
Nahmens_, which was largely used by S. von Bircken in his _Spiegel der
Ehren des Erzhauses Osterreich_ (Nuremberg, 1668), and of a _Geheim
Ernbuch des Fuggerischen Geschlechtes_. He was also a patron of art, and
a distinguished counsellor of Duke Albert IV. of Bavaria. After the
death of his son Konstantin, in 1627, this branch of the family was
divided into three lines, which became extinct in 1738, 1795 and 1846
respectively. Another of Raimund's sons was Ulrich (1526-1584), who,
after serving Pope Paul III. at Rome, became a Protestant. Hated on this
account by the other members of his family, he took refuge in the
Rhenish Palatinate; greatly interested in the Greek classics, he
occupied himself in collecting valuable manuscripts, which he bequeathed
to the university of Heidelberg. Raimund's other son was Georg (d.
1579), who inherited the countships of Kirchberg and Weissenhorn, and
founded a branch of the family which still exists, its present head
being Georg, Count Fugger of Kirchberg and Weissenhorn (b. 1850).
Anton Fugger left three sons, Marcus (1529-1597), Johann (d. 1598) and
Jakob (d. 1598), all of whom left male issue. Marcus was the author of
a book on horse-breeding, _Wie und wo man ein Gestut von guten edeln
Kriegsrossen aufrichten soll_ (1578), and of a German translation of the
_Historia ecclesiastica_ of Nicephorus Callistus. He founded the
Nordendorf branch of the family, which became extinct on the death of
his grandson, Nicolaus, in 1676. Another grandson of Marcus was Franz
Fugger (1612-1664), who served under Wallenstein during the Thirty
Years' War, and was afterwards governor of Ingolstadt. He was killed at
the battle of St Gotthard on the 1st of August 1664.
Johann Fugger had three sons, Christoph (d. 1615) and Marcus (d. 1614),
who founded the families of Fugger-Glott and Fugger-Kirchheim
respectively, and Jakob, bishop of Constance from 1604 until his death
in 1626. Christoph's son, Otto Heinrich (1592-1644), was a soldier of
some distinction and a knight of the order of the Golden Fleece. He was
one of the most active of the Bavarian generals during the Thirty Years'
War, and acted as governor of Augsburg, where his rule aroused much
discontent. The family of Kirchheim died out in 1672. That of Glott was
divided into several branches by the sons of Otto Heinrich and of his
brother Johann Ernst (d. 1628). These lines, however, have gradually
become extinct except the eldest line, represented in 1909 by Karl
Ernst, Count Fugger of Glott (b. 1859). Anton Fugger's third son Jakob,
the founder of the family of Wellenburg, had two sons who left issue,
but in 1777 the possessions of this branch of the family were again
united by Anselm Joseph (d. 1793), Count Fugger of Babenhausen. In 1803
Anselm's son, Anselm Maria (d. 1821), was made a prince of the Holy
Roman Empire, the title of Prince Fugger of Babenhausen being borne by
his direct descendant Karl (b. 1861). On the fall of the empire in 1806
the lands of the Fuggers, which were held directly of the empire, were
mediatized under Bavaria and Wurttemberg. The heads of the three
existing branches of the Fuggers are all hereditary members of the
Bavarian Upper House.
Augsburg has many interesting mementoes of the Fuggers, including the
family burial-chapel in the church of St Anna; the Fugger chapel in the
church of St Ulrich and St Afra; the Fuggerhaus, still in the possession
of one branch of the family; and a statue of Johann Jakob Fugger.
In 1593 a collection of portraits of the Fuggers, engraved by
Dominique Custos of Antwerp, was issued at Augsburg. Editions with 127
portraits appeared in 1618 and 1620, the former accompanied by a
genealogy in Latin, the latter by one in German. Another edition of
this _Pinacotheca Fuggerorum_, published at Vienna in 1754, includes
139 portraits. See _Chronik der Familie Fugger vom Jahre 1599_, edited
by C. Meyer (Munich, 1902); A. Geiger, _Jakob Fugger, 1459-1525_
(Regensburg, 1895); A. Schulte, _Die Fugger in Rom, 1495-1523_
(Leipzig, 1904); R. Ehrenberg, _Das Zeitalter der Fugger_ (Jena,
1896); K. Habler, _Die Geschichte der Fuggerschen Handlung in Spanien_
(Weimar, 1897); A. Stauber, _Das Haus Fugger_ (Augsburg, 1900); and M.
Jansen, _Die Anfange der Fugger_ (Leipzig, 1907).
FUGITIVE SLAVE LAWS, a term applied in the United States to the Statutes
passed by Congress in 1793 and 1850 to provide for the return of negro
slaves who escaped from one state into another or into a public
territory. A fugitive slave clause was inserted in the Articles of
Confederation of the New England Confederation of 1643, providing for
the return of the fugitive upon the certificate of one magistrate in the
jurisdiction out of which the said servant fled--no trial by jury being
provided for. This seems to have been the only instance of an
inter-colonial provision for the return of fugitive slaves; there were,
indeed, not infrequent escapes by slaves from one colony to another, but
it was not until after the growth of anti-slavery sentiment and the
acquisition of western territory, that it became necessary to adopt a
uniform method for the return of fugitive slaves. Such provision was
made in the Ordinance of 1787 (for the Northwest Territory), which in
Article VI. provided that in the case of "any person escaping into the
same [the Northwest Territory] from whom labor or service is lawfully
claimed in any one of the original states, such fugitive may be lawfully
reclaimed and conveyed to the person claiming his or her labor or
service as aforesaid." An agreement of the sort was necessary to
persuade the slave-holding states to union, and in the Federal
Constitution, Article IV., Section II., it is provided that "no person
held to service or labor in one state, under the laws thereof, escaping
into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor, but shall be delivered up on
claim of the party to whom such service or labour may be due."
The first specific legislation on the subject was enacted on the 12th of
February 1793, and like the Ordinance for the Northwest Territory and
the section of the Constitution quoted above, did not contain the word
"slave"; by its provisions any Federal district or circuit judge or any
state magistrate was authorized to decide finally and without a jury
trial the status of an alleged fugitive. The measure soon met with
strong opposition in the northern states, and Personal Liberty Laws were
passed to hamper officials in the execution of the law; Indiana in 1824
and Connecticut in 1828 providing jury trial for fugitives who appealed
from an original decision against them. In 1840 New York and Vermont
extended the right of trial by jury to fugitives and provided them with
attorneys. As early as the first decade of the 19th century individual
dissatisfaction with the law of 1793 had taken the form of systematic
assistance rendered to negroes escaping from the South to Canada or New
England--the so-called "Underground Railroad."[1] The decision of the
Supreme Court of the United States in the case of _Prigg_ v.
_Pennsylvania_ in 1842 (16 Peters 539), that state authorities could not
be forced to act in fugitive slave cases, but that national authorities
must carry out the national law, was followed by legislation in
Massachusetts (1843), Vermont (1843), Pennsylvania (1847) and Rhode
Island (1848), forbidding state officials to help enforce the law and
refusing the use of state gaols for fugitive slaves. The demand from the
South for more effective Federal legislation was voiced in the second
fugitive slave law, drafted by Senator J.M. Mason of Virginia, and
enacted on the 18th of September 1850 as a part of the Compromise
Measures of that year. Special commissioners were to have concurrent
jurisdiction with the U.S. circuit and district courts and the inferior
courts of Territories in enforcing the law; fugitives could not testify
in their own behalf; no trial by jury was provided; penalties were
imposed upon marshals who refused to enforce the law or from whom a
fugitive should escape, and upon individuals who aided negroes to
escape; the marshal might raise a _posse comitatus_; a fee of $10 was
paid to the commissioner when his decision favoured the claimant and
only $5 when it favoured the fugitive; and both the fact of the escape
and the identity of the fugitive were to be determined on purely _ex
parte_ testimony. The severity of this measure led to gross abuses and
defeated its purpose; the number of abolitionists increased, the
operations of the Underground Railroad became more efficient, and new
Personal Liberty Laws were enacted in Vermont (1850), Connecticut
(1854), Rhode Island (1854), Massachusetts (1855), Michigan (1855),
Maine (1855 and 1857), Kansas (1858) and Wisconsin (1858). These
Personal Liberty Laws forbade justices and judges to take cognizance of
claims, extended the _habeas corpus_ act and the privilege of jury trial
to fugitives, and punished false testimony severely. The supreme court
of Wisconsin went so far (1859) as to declare the Fugitive Slave Law
unconstitutional. These state laws were one of the grievances officially
referred to by South Carolina (in Dec. 1860) as justifying her secession
from the Union. Attempts to carry into effect the law of 1850 aroused
much bitterness. The arrests of Sims and of Shadrach in Boston in 1851;
of "Jerry" M'Henry, in Syracuse, New York, in the same year; of Anthony
Burns in 1854, in Boston; and of the two Garner families in 1856, in
Cincinnati, with other cases arising under the Fugitive Slave Law of
1850, probably had as much to do with bringing on the Civil War as did
the controversy over slavery in the Territories.
With the beginning of the Civil War the legal status of the slave was
changed by his master's being in arms. General B.F. Butler, in May 1861,
declared negro slaves contraband of war. A confiscation bill was passed
in August 1861 discharging from his service or labour any slave employed
in aiding or promoting any insurrection against the government of the
United States. By an act of the 17th of July 1862 any slave of a
disloyal master who was in territory occupied by northern troops was
declared _ipso facto_ free. But for some time the Fugitive Slave Law was
considered still to hold in the case of fugitives from masters in the
border states who were loyal to the Union government, and it was not
until the 28th of June 1864 that the Act of 1850 was repealed.
See J.F. Rhodes, _History of the United States from the Compromise of
1850_, vols. i. and ii. (New York, 1893); and M.G. M'Dougall,
_Fugitive Slaves, 1619-1865_ (Boston, 1891).