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.
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).
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 (seeLabour 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 offax, 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. (SeeSun.)
FACULTY(through the French, from the Lat.facultas, ability to do anything, fromfacilis, 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 kindsof 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 Latinfacultaswas used to translateδύναμιςin 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 (seeUniversities). 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; seeBenefice); to be married at any place or time (usually called a special licence; seeMarriage;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).
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 façade 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 82B.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 Romancenturiaof 200iugeri(E. Bormann inCorp. 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 writtenFaroeorThe Faeroes, DanishFaeröerneorFäröerne, “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° E. with 62° 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 Strömö, on which is the chief town, Thorshavn, with a population of 1656; Osterö, Süderö, Vaagö, Sandö and Bordö. 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 Slättaretindur in Osterö, and Kopende and Skellingfjeld in Strömö, 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 Sörvaag Lake in Vaagö, 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 Süderö 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 Süderö. The basalts are submarine flows which formed the basis of the landupon 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 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 Süderö 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 Süderö. The basalts are submarine flows which formed the basis of the landupon 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 Strömö and Osterö, 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 Strömö, 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 anamt(county) of Denmark. They have also a local parliament (lagthing), consisting of theamtmannand 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 Süderö 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 Strömö, who was sent by Frederick II. to clear the seas, is still celebrated in many songs and stories. There was formerly a bishopric at Kirkebö, 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 theFaereyinga 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 Färöerne(1800), andDescriptions of the Feroe Islands(London, 1810); A.J. Symington,Pen and Pencil Sketches of Faroe and Iceland(1862); J. Russel-Jeaffreson,The Faröe Islands(1901); J. Falk Rönne,Beskrivelse over Färöerne(Copenhagen, 1902); C.H. Ostenfeld, E. Warming and others,Botany of the Faeroes(Copenhagen, 1901-1903); Annandale,The Faroes and Iceland(Oxford, 1905). TheFaereyinga Sagawas translated by F. York Powell (London, 1896); for folk-songs and legends see S. Kraeth,Die färöischen Lieder von Sigurd(Paderborn, 1877); V.U. Hammershaimb,Faeröisk Anthologi(Copenhagen, 1886-1891).
Bibliography.—Lucas Jacobson Debes,Feroa Reserata(Copenhagen, 1673; Eng. transl. London, 1675); Torfaeus,De rebus gestis Faereyensium(Copenhagen, 1695); I. Landt,Beskrivelse over Färöerne(1800), andDescriptions of the Feroe Islands(London, 1810); A.J. Symington,Pen and Pencil Sketches of Faroe and Iceland(1862); J. Russel-Jeaffreson,The Faröe Islands(1901); J. Falk Rönne,Beskrivelse over Färöerne(Copenhagen, 1902); C.H. Ostenfeld, E. Warming and others,Botany of the Faeroes(Copenhagen, 1901-1903); Annandale,The Faroes and Iceland(Oxford, 1905). TheFaereyinga Sagawas translated by F. York Powell (London, 1896); for folk-songs and legends see S. Kraeth,Die färöischen Lieder von Sigurd(Paderborn, 1877); V.U. Hammershaimb,Faeröisk Anthologi(Copenhagen, 1886-1891).
$1See Hans von Post, “Om Färöarnes uppkomst,”Geologiska Föreningens i Stockholm Förhandlingar, vol. xxiv. (1902).
$1See Hans von Post, “Om Färöarnes uppkomst,”Geologiska Föreningens i Stockholm Förhandlingar, 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 12½ ft. In this portion of the wall are two drains, below one of which is aphallus. 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 theCapitoliumof 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 63B.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 215B.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; inA.D.405 Radagaisus was crushed in the neighbouring hills, and Belisarius besieged and took it inA.D.539.
See L.A. Milani,Rendiconti dei Lincei, ser. vi. vol. ix. (1900), 289 seq., on the discovery of an archaic altar of theLocus sacerof Florence, belonging to Ancharia (Angerona), the goddess of Fiesole.
See L.A. Milani,Rendiconti dei Lincei, ser. vi. vol. ix. (1900), 289 seq., on the discovery of an archaic altar of theLocus sacerof 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 asfagotto, 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 École des Chartes and the École des Hautes Études, he made his first appearance in the world of scholarship as the author of an excellent book calledÉtudes sur l’industrie et la classe industrielle à Paris au XIIIeet au XIVesiècle(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 ofDocuments relatifs à l’histoire de l’industrie et du commerce en France(2 vols., 1898-1900), and in 1897 he publishedL’Économie 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. HisLe Père Joseph et Richelieu(1894), though somewhat frigid and severe, is based on a mass of unpublished information, and shows remarkable psychologic grasp. In 1878 hisJournal parisien de Jean de Maupoint, prieur de Ste Catherine-de-la-Couturewas published in vol. iv. of theMémoires de la sociêtê de l’histoire de Paris et de l’Île de France. He wrote numerous articles in theRevue historique(of which he was co-director with Gabriel Monod for some years) and in other learned reviews, such as theRevue des questions historiquesand theJournal des savants. In 1901 he was elected member of the Académie des Sciences Morales et Politiques.
FAGUET, ÉMILE(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 theSoleil; from 1892 he was literary critic to theRevue bleue; and in 1896 took the place of M. Jules Lemaître on theJournal des débats. Among his works are monographs onFlaubert(1899),André Chénier(1902),Zola(1903); an admirably conciseHistoire de la littérature française depuis le XVIIesiècle jusqu’à nos jours; series of literary studies on the 17th, 18th and 19th centuries;Questions politiques(1899);Propos littéraires(3 series, 1902-1905);Le Libéralisme(1902); andL’Anticléricalisme(1906).
See A. Séché,Émile Faguet(1904).
See A. Séché,Émile 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 (aboutA.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 Fâ-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 518A.D., translated, with map, &c. (1869); C.R. Beazley,Dawn of Modern Geography, vol. i. (1897), pp. 478-485.
See James Legge,Record of Buddhistic Kingdoms, being an account by the Chinese Monk Fâ-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 518A.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 hisNoachs 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 ofAnsgarius, 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 Vesterås, 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 hisRom förr 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., Örebro, 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 (seeThermometry). 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 thePhil. Trans.for 1724. He died in Holland on the 16th of September 1736.
FAIDHERBE, LOUIS LÉON CÉSAR(1818-1889), French general and colonial administrator, was born on the 3rd of June 1818, at Lille, received his military education at the École 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 promotedchef de bataillonand 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 mentionedCollection des inscriptions numidiques(1870),Épigraphie phénicienne(1873),Essai sur la langue poul(1875), andLe Zénaga des tribes sénégalaises(1877), the last a study of the Berber language. He also wrote on the geography and history of Senegal and the Sahara, andLa Campagne de l’armée 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 theporzellana 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 (seeCeramics).
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 Wörth 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 wroteCampaigne de 1870, Opérations et marche du 5mecorps jusqu’au 30 août(Brussels, 1871).
FAIN, AGATHON JEAN FRANÇOIS(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 thecabinet particulierof 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 successivelyManuscrit de 1814, contenant l’histoire des six derniers mois du règne de Napoléon(1823; new edition with illustrations, 1906);Manuscrit de 1813, contenant le précis des événements de cette année pour servir à l’histoire de l’empereur Napoléon(1824);Manuscrit de 1812(1827); andManuscrit de l’an iii. (1794-1795), contenant les premières transactions de l’Europe avec la république française et le tableau des derniers événements du régime conventionnel(1828), all of which are remarkable for accuracy and wide range of knowledge, and are a very valuable source for the history ofNapoleon I. Of still greater importance for the history of Napoleon are Fain’sMémoires, 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 Latinferia, 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 thekirmiss, “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 thedatagiven in Herbert Spencer’sDescriptive Sociologythat 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 Romannundinae, 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:—