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FICTILE.

x. 35 ; Schol. and Bockh, ad loc. ; Bockh, Corp. Insc. vol. i. p. 49.) Many other specimens were pre­sents given to relations and friends on particular occasions, and often distinguished by the epithets Ka\6s and /caA/rj added to their names. A circum­stance which contributed to the success of the Athe­nians in this manufacture, was a mine of fine pot­ter's clay in the Colian Promontory, near Phalerum. (Suidas, 1. c, ; A then. xi. p. 482.) The articles made from it became so fashionable, that Plutarch (De Audit.) describing an act of extreme folly, compares it to that of the man who, having swal­lowed poison, refuses to take the antidote unless it be administered to him in a cup made of Colian clay. Some: .of the " Panathenaic" vases, as they were called, are two feet in height, which accords with what is said by ancient authors of their uncommon size. (Athen. xi. p. 495 ; Bockh, in Find. Frag. No. 89.) A diota was often stamped upon the coins of Athens, in allusion to the facts which have now been explained.

3. Etruria, especially the cities of Aretium and Tarquinii. Whilst the Athenian potters excelled all others in the manufacture of vessels, the Tuscans, besides exercising this branch of industry to a great extent though in a less tasteful and elaborate manner, were very remarkable for their skill in producing all kinds of statuary in baked clay. Even the most celebrated of the Roman temples were adorned, both within and without, by the aid of these productions. The most distinguished among them was an entire quadriga, made at Yen, which surmounted the pediment of the temple of Jupiter Capitolinus. (Plin. H. N. xxviii. 4, xxxv. 45, xxxvi. 2 ; K. 0. Muller, Etrusker, iv. 3. 1, 2.) The Etrurians also manifested their partiality to this branch of art by recurring to it for the purpose of interment; for whilst Pliny mentions (//. N. xxxv. 46), that many persons preferred to be buried in earthen jars, and in other parts of Italy the bones of the dead have been found preserved in amphorae, Etruria alone has afforded examples, some of them now deposited in the British Museum, of large sarcophagi made wholly of terra cotta, and ornamented with figures in bas-relief and with re­cumbent statues of the deceased.

Among many qualities which we admire in the Greek pottery, not the least wonderful is its thin­ness (Aevrra) and consequent lightness, notwith­standing the great size of the vessels and the per­fect regularity and elegance of their forms. That it was an object of ambition to excel in this respect we learn from the .story of a master and his pupil, who contended which could throw the thinnest clay, and whose two amphorae, the result of the trial, were preserved in the temple at Erythrae. (Plin. H. N. xxxv. 46.) The well-known passage of Hesiod (Kcu icepapevs /cepa/xe? /coree't, &c. Op. el Dies, 25) describes the emulation, which incited potters to excellence as well as architects and poets.

The Greeks and Romans contented themselves with using earthenware on all occasions until the time of Alexander the Great: the Macedonian conquests introduced from the East a taste for vessels of gold and silver, in which, however, the Spartans refused to indulge themselves. The Persians, on the contrary, held earthenware in so low estimation, that they condemned persons to drink out of fictile vessels as a punishment. (Athen. vi. p. 229, c, xi. p. 464,.a, p. 483, c. d.) But although the Romans,

FICTIO

as they deviated from the ancient simplicity, made a great display of the more splendid kind of vessels, yet they continued to look upon pottery not only with respect but even with veneration. (Ovid, Met. viii. 690 ; Cic. ad Ait. vi. 1 ; Juv. iii. 168, x. 25.) They called to mind the magnanimity of the Consul Curius, who preferred the use of his own earthenware to the gold of the Samnites (Floras, i. 18) ; they reckoned some of their consecrated terra-cottas, and especially the above-mentioned quadriga, among the safeguards of their imperial city (Serv. ad Virg. Aen.vii. 188) ; and, bound by old associations and the traditons of their earliest history, they considered earthen vessels proper for religious ceremonies, although gold and silver might be admitted in their private entertainments (Ter-tull. I. c.) ; for Pliny says (H. N. xxxv. 46), that the productions of this class, " both in regard to their skilful fabrication and their high antiquity, were more sacred, and certainly more innocent, than gold."

Another term, often used as synonymous with fictile-was testa. [dolium ; later ; patera ; patina ; tegula.] [J. Y.]

FICTIO. Fictions in Roman law are like fic­tions in English law, of which it has been said that they are " those things that have no real essence in their own body, but are so acknowledged and accepted in law for some especial purpose.1" The fictions of the Roman law apparently had their origin in the edictal power, and they were devised for the purpose of providing for cases where there was no legislative provision. A fiction supposed something to be which was not; but the thing sup­posed to be was such a thing as, being admitted to be a fact, gave to some person a right or imposed on some person a duty. Various instances of fic­tions are mentioned by Gaius. One instance is that of a person who had obtained the bonorum possessio ex edicto. As he was not heres, he had no direct action: he could neither claim the pro­perty of the defunct as Ins (legal) property, nor could he claim a debt due to the defunct as his (legal) debt. He therefore brought his suit (in-tendit} as heres (ficto se lierede\ and the formula was accordingly adapted to the fiction. In the Publiciana Actio, the fiction was that the possessor had obtained by usucapion the ownership of the thing of which he had lost the possession. A woman by coemptio, and a male by being adro-gated, ceased, according to the civil law, to be debtors, if they were debtors before ; for by the coemptio and adrogatio they had sustained a capitis diminutioy and there could be no direct action against them. But as this capitis diminutio might be made available for fraudulent purposes, an actio utilis was still allowed against such persons, the fiction being that they had sustained no capitis diminutio. The formula did not (as it appears from Gaius) express the fiction as a fact, but it ran thus : — If it shall appear that such and such are the facts (the facts in issue), and that the party, plaintiff or defendant, would have such and such a right, or be liable to such and such a duty, if such and such other facts (the facts supposed) were true; et reliqua. (Gaius, iv. 10. 32, &c. ; Ulp. Frag. xxviii. 12.)

It was by a fiction that the notion of legal ca­pacity was extended to artificial persons. [colle­gium ; Fiscus.] Instances of fiction occur in the chapter intitled JuristiscJie Pcrsonen in Savigny's

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