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On this page: Familiae Erciscundae Act – Famosi Libelli – Fanum – Farreum – Fartor – Fasces

520

FARTOR,

traced to the Patria Potestas. These relations arc treated under their appropriate heads.

The doctrine of representation, as applied to the acquisition of property, is connected with the doc­ trine of the relations of familia ; but being limited with reference to potestas, manus, and mancipium, it is not co-extensive nor identical with the rela­ tions of familia. Legal capacity is also connected with the relations of familia, though not identical with, but rather distinct from them. The notion of liberi and servi, sui juris and alieni, are com­ prised in the above-mentioned relations of familia. The distinctions of Gives, Latini, Peregrini, are entirely unconnected with the relations of familia. Some of the relations of familia have no effect on legal capacity, for instance, marriage as such. That family relationship which has an influence on legal capacity, is the Patria Potestas, in connection with which the legal incapacities of nliusfamilias, iiliafamilias, and a wife in maim, may be most appropriately considered. (Savigny, System des Jieutigen Rom. RecJiis, vol. i. pp. 345, &c., 356, &c. vol. ii. Berlin, 1840; Bocking, Instutionen, vol. i. p. 213, &c.) [G. L.]

FAMILIAE ERCISCUNDAE ACTIO. Every heres, who had full power of disposition over his property, was entitled to a division of the hereditas, unless the testator had declared, or the co>heredes had agreed, that it should remain in common for a fixed time. The division could be made by agreement among the co-heredes ; but in case they could not agree, the division was made by a judex. For this purpose every heres had against each of his co-heredes an actio familiae erciscundae, which, like the actiones communi dividundo, and iinium regundorum, was of the class of Mixtae Actiones, or, as they vrere sometimes called, Du-plicia Judicia, because, as in the familiae erciscundae judicium, each heres was both plaintiff and defend­ant (actor and reus) ; though he who brought the nctio and claimed a judicium (ad judicium provo-cavtt) was properly the actcr. A heres, either ex testamento or ab intestato, might bring this action. All the heredes were liable to the bonorum collatio [bonorum collatio], that is, bound to allow, in taking the account of the property, what they had received from the testator in his lifetime, as part of rtheir share of the hereditas, at least so far as they .~.\had been enriched by such donations.

This action was given by the Twelve Tables. The word Familia here signifies the " property," as explained in the previous article, and is equiva­lent to hereditas.

The meaning and origin of the verb ere, iscere, or here, iscere, have been a subject of some dis- •pute. It is, however, certain that the word means "division/' (Dig. 10. tit. 2; Cic. De Orat. i. 56, Pro Caecina, c. 7; Apul. Met. ix. p. 210, Bipont.) [G. L.]

FAMOSI LIBELLI. [libellus.]

FANUM. [templum.]

FARREUM. [matrimonium.]

FARTOR (o-trevT^s), was a slave who fattened poultry. (Colum. viii. 7 ; Hor. Sat. ii. 3. 228 ; Plaut. True. i. 2. 11.) Donatus (ad Terent. Eun. ii. 2. 26) says that the name was given to a maker of sausages; but compare Becker, Gallus^ vol. ii. p. 190.

The name of fartores or crammers was also given to the nomenclatores, who accompanied the candidates for the public offices at Rome, and gave

FASCES,

' them the names of such persons as they might meet. (Festus, s. v. Fartores.) FAS. [fasti ; Jus.]

FASCES, were rods bound in the form of a bundle, and containing an axe (securis) in the middle, the iron of which projected from them. These rods were carried by lictors before the supe­rior magistrates at Rome, and are often represented on the reverse of consular coins. (Spanh. De Pretest, et Usu Numism. vol. ii. pp. 88, 91.) The following woodcuts give the reverses of four con­sular coins ; in the first of which we see the lictors carrying the fasces on their shoulders ; in the second, two fasces, and between them a sella curulis ; in the third, two fasces crowned, with the consul standing between them ; and in tho fourth, the same, only with no crowns around tho fasces.

The next two woodcuts, which are taken from the consular coins of C. Norbanus, contain in ad­dition to the fasces—the one a spica and caducous, and the other a spica, caduceus, and prora.

The fasces appear to have been usually made of birch (letulla, Plm.ff.N. xvi. 30), but sometimes also of the twigs of the elm. (Plant. Asm. iii. 2, 29, i-i. 3. 74.) They are said to have been de­rived from Vetulonia, a city of Etruria. (Sil. Ital. viii. 485 ; compare Liv. i. 8.) Twelve were carried before each of the kings by twelve lictors ; and on the expulsion of the Tarquins, one of the con­suls was preceded by twelve lictors with the fasces and secures, and the other by the same number of lictors with the fasces onty, or, according to some accounts, with crowns round them. (Dionys. v. 2.) But P. Valerius Publicola, who gave to the people the right of provocatio, ordained that

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