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cus were often used indiscriminately, but only in the sense of the imperial chest, for there was then no other public chest. So long as the distinction existed between the aerarium and the fiscus, the law relating to them severally might be expressed by the terms jus populi and jus fisci, as in Paulus (Sent. Recept. v. 12), though there is no reason for applying the distinction to the time when Paulus wrote ; for, as already observed, it had then long ceased.
The Fiscus had a legal personal existence ; that is, as the subject of certain rights, it was legalty a person, by virtue of the same fiction of law which gave a personal existence to corporations, and the communities of cities and villages. But the Fiscus differed in many respects from othe^ persons existing by fiction of law; and, as an instance, it was never under any incapacity as to taking an here-clitas, which, for a long time, was the case with corporations, for the reason given by Ulpian. [collegium]. These reasons would also apply to the Populus, as well as to a Municipium, and yet the populus is never alluded to as being under such disability; and in fact it could not, consistently with being the source of all rights, be under any legal disabilities.
Various officers, as Procuratores, Advocati [An-vocatus], Patroni, and Praefecti were employed in the administration of the Fiscus. Nerva established a Praetor Fiscalis to administer the law in matters relating to the Fiscus. The patrimonium or private property of the Caesar was administered by Procuratores Caesaris. The privileges of the Fiscus were, however, extended to the private property (ratio} of the Caesar, and of his wife the Augusta. (Dig. 49. tit. 14. s. 6.)
Property was acquired by the Fiscus in various ways, enumerated in the Digest (49. tit. 14. s. 1), many of which may be arranged under the head of penalties and forfeitures. Thus, if a man was led to commit suicide in consequence of having done some criminal act (flagitiuni)^ or if a man made counterfeit coin, his property was forfeited to the fiscus. (Paulus, £. R. v. 12.) The officers of the Fiscus generally received information (nunciationes} of such occurrences from private individuals, who were rewarded for their pains. Treasure (thesaurus} which was found in certain places was also subject to a claim on the part of the Fiscus. To explain the rights and privileges of the Fiscus, and its administrations, would require a long discussion. (Dig. 49. tit. 15. de Jure Fisci; Cod. 10. tit. 1 ; Cod; Theod. 10. tit. 1 ; Paulus, Sent. Recept. v. 12; Savigny, System des lieut. Rom. R. vol. ii.; Fragmen-tum veteris juris-consulti de Jure Fisci, printed in Goeschen's edition of Gains ; Savigny, Neu entdeckte Quellen des Rom. R., Zeitschrift, vol. iii.) [G. L.]
FISTUCA, an instrument used for ramming down pavements and threshing floors, and the foundations of buildings (Cato, R. R. 18, 28 ; Plin. II. N. xxxvi. 25. s. 61 ; Vitruv. iii. 3. s. 4. § 1, x. 3. s. 2. § 3) ; and also for driving piles (Caes. B. G. iv. 17). When used for the former purpose, that of making earth solid, it was no doubt a mere log of wood (shod perhaps with iron), with handles to lift it up ; just like a paviour's rammer. But in the case cited from Caesar, where it was used for driving the piles of his bridge over the Rhine, it is almost evident that it must have been a machine, something like our pile-driving engine (or monkey), by which a heavy log of wood, shod
with iron, was lifted up to a considerable height and then let fall on the head of the pile. [P. S.]
FISTULA (crcoAV), a water-pipe. Vitruvius (viii. 7. s. 6. §. 1, ed. Schn.) distinguishes three modes of conveying water: by channels of masonry (per canales structiles\ by leaden pipes (fistulu plumbeis\ and by earthen pipes (tubulis fictilibus); but of these two sorts of pipes the leaden were the more commonly used.* [aquaeductus.] They were made by bending up cast plates of lead into a form not perfectly cylindrical, but having a sort of ridge at the junction of the edges of the plate, as represented in the following engraving, taken from antique specimens. (Frontin. de Aquaed. p. 73. fig. 15, 16, ed. Polen. ; Hirt, Lelire d. Gebaude, pi. xxxii. fig. 8.)
In the manufacture of these pipes, particular attention was paid to the bore, and to the thickness, The accounts of Vitruvius, Frontinus, and other writers, are not in perfect accordance ; but it appears, from a comparison of them, that two different systems of measurement were adopted, namely, either by the width of the plate of lead (lamina or lamna) before it was bent into the shape of a pipe, or by the internal diameter or bore (lumen] of the pipe when formed. The former is the system adopted by Vitruvius (I. c. § 4) ; according to him the leaden plates were cast of a length not less than ten feet, and of a width containing an exact number of digits (sixteenths of a foot), which number was of course different for different sized pipes ; and then the sizes of the pipes were named from the number of digits in the width of the plates, as in the following table, where the numbers on the right hand indicate the number of pounds which Vitruvius assigns to each ten-feet length of pipe : —
Centenaria, from a plate 100 digits wide 1200 Ibs.
Octogenaria — 80 — 960-—
Quinquagenaria— 50 — 600 —-
* The etymological distinction between fistula and tubus seems to be that the former, which originally signified aflute, was a small pipe, the latter a large one ; but, in usage, at least so far as water-pipes are concerned, it seems that fistula is applied to a leaden pipe, tulms and tubulus to one of any other material, especially of terra-cotta, as in the above and the following passages. (Varro, R. R. i. 8 ; Colum. i. 5 ; Plin. v. 31. s. 34, xvi. 42. s, 83, xxxv. 12. s. 46 ; Frontinus, see below,)