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On this page: Extispex – Extraordinarii – Fabri – Fabula – Factiones Aurigarum – Falarica – Falsarius – Falsum

FABRI.

\v as inflicted for various crimes, as vis pubtica, pe.cukdtis, vcncjicmm, &c. The Lex Julia de vi publica et privata applied, among other cases, to any person qui receperit, celaverit^ tenuerit^ the inter­dicted person (Paulus, Sent, Recept. ed. Schulting) ; and there was a clause to this effect in the lex of Clodius, by which Cicero was banished.

The sentence of the interdict, which in the time of the Antonines was accompanied with the loss of citizenship (Gains, i. 90), could hardly have had any other effect in the time of Cicero. It may be true that exsilium, that is, the change of w'mhz, or ground, was not in direct terms included in the sentence of aquae et ignis interdictio: the person might stay if he liked, and submit to the penalty of being an outcast, and being incapacitated from doing miy legal act. Indeed, it is not easy to conceive trat banishment can exist in any state, except such state has distant possessions of its own to which the offender can be sent. Thus banish­ment as a penalty did not exist in the old English law. When isopolitical relations existed between Rome and another state, exsilium might be the privilege of an offender. Cicero might then truly say that exsilium was not a punishment, but a mode of evading punishment (Pro Caecina) ; and this is quite consistent with the interdict being a punishment, and having for its object the exsilium.

According to Niebuhr, the interdict was intended to prevent a person, who had become an exsul, from returning to Home and resuming his citizenship, and the interdict was taken off when an exsul was recalled. Further, Niebuhr asserts, that they who eettled in an unprivileged place (one that was not in an isopolitical connection with Rome) needed a decree of the people, declaring that their settle­ment should operate as a legal exsilium. And this assertion is supported by a single passage in Livy (xxvi. 3), from which it appears that it was declared by a plebiscitum, that C. Fab ins, by going into exile (exulatuni) to Tarquinii, which was a municipinm (Pro Caecin. c. 4), was legally in exile.

Niebuhr asserts that Cicero had not lost the civitas by the interdict; but Cicero (Ad Attic, iii. 23) by implication admits that he had lost his civitas and his ordo, though in the Oratio Pro Domo he denies that he had lost his civitas. And the ground on which he mainly attempted to sup­ port his case was, that the lex by which he was interdicted, was in fact no lex, but a proceeding altogether irregular. Cicero was restored by a lex Centuriata. (Ad Attic, iv. 1.) [G. L.]

EXTISPEX. [haruspex.]

EXTRAORDINARII. [exercitus, .p.

497, b.]

F.

FABRI, are workmen who make any thing out of hard materials, as fabri tigncmi, carpenters, fcibri aerarii, smiths, &c. The different trades were divided by Numa (Plut. Numa, 17) into nine collegia, which correspond to our companies or guilds. In the constitution of Servius Tullius, the fabri tignarii (re/cro^es, Orelli, Inscrip. 60, 417, 3690, 4086, 4088, 4184) and the fabri aerarii or ferrarii (%aA/coTU7rof) were formed into two centuries, which were called the centuriae/«6rum, and notfabrormn. (Cic, Orat. 46.) They did not

617

FALSUM.

belong to any of the five classes into which Servius divided the people ; but iliefabri tign. probably voted with the first class, and tliQ fabri aer. with the second. Livy (i. 43) and Dionysius (vii. 59) name both the centuries together: the former says that they voted with the first class ; the latter, that they voted with the second. Cicero (De Rep. ii. 22) names only one century of fabri, which he says voted with the first class ; but as he adds the word ' tignariorum^ he must have recognized the existence of the second century, which we suppose to have voted with the second class. (Gottling, Gescli. der Rom. Staastv. p. 249.)

The fabri in the army were under the command of an officer called praefectus fabrum. (Caes. ap. Cic. ad Ait. ix. 8, Bell. Civ. i. 24 ; Veget. ii. 11.) It has been supposed by some modern writers that there was a praefectus fabrum attached to each legion; and this may have been the case. No genuine inscriptions however, contain the title of praefectus fabrum with the name of a legion added to it. There were also civil magistrates at Rome and in the municipal towns, called praefecti fabrum; but we know nothing respecting them beyond their name. Thus we find in Grater, praef. fabr. romae (467. 7), praefectus fabr. caer. (235. 9.) The subject of the praefecti fabrum is discussed with great accuracy in a letter of Hagen-buchius, published by Orelli (Inscrip. vol. ii. p. 95, &c.).

FABULA. [CoMOEDiA.]

FACTIONES AURIGARUM. [CiRcus, p. 287.]

FALARICA. [hasta.]

FALSARIUS. [falsum.]

FALSUM. The oldest legislative provision at Rome against Falsum was that of the Twelve Tables against false- testimony (Gell. xx. 1) ; but there were trials for giving false testimony before the enactment of the Twelve Tables. (Liv. iii. 24, &c.) The next, legislation on Falsum, so far as we know, was a Lex Cornelia, passed in the time of the Dictator Sulla, which Cicero also calls tcstamentaria and numaria (In Verr. ii. lib. 1. c. 42), with reference to the crimes which it waa the object of the law to punish. The offence was a Crimen Publicum. The provisions of this lex: are stated by Paulus (Sent. Recept. v. 2.5, ed, Berl.), who also entitles it Lex Cornelia testa-mentaria, to apply to any person " qui testamentum quodve aliud instrumentum falsum sciens dolo malo scripserit, recitaverit, subjecerit, suppresserit, amoverit, resignaverit, deleverit," &c. The punish­ment was deportatio in insulam (at least when Paulus wrote) for the " honestiores ;" and the mines or crucifixion for the " humiliores." In place of deportatio, the law probably contained the punish­ment of the interdictio aquae et ignis. According1 to Paulus the law applied to any instrument a3 well as a will, and to the adulteration of gold and silver coin, or refusing to accept in payment ge­nuine coin stamped with the head of the princeps. But it appears from Ulpian (sub titulo de poena legis Corneliae testamentariae) that these were subsequent additions made to the Lex Cornelia (Mos. et Rom. Leg. Coll. tit. 8. s. 7) by various senatus-consulta. (Tacit. Ann. xiv. 40, 41.) By a senatus-consultum, in the consulship of Statilius and Taurus, the penalties of the law were extended to the case of other than testamentary instruments. It is conjectured that, for the consulship of Statiliu3

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