ii. 280, 283, 365-366), and in the citation by Hakluyt of an unprinted

work of Fabyan as the authority for his note of Cabot's voyages. That Fabyan had continued his Chronicle to 1511 may be accepted as certain, but no trace of the manuscript can now be found.

It is only the seventh part of Fabyan's Chronicle, from the Norman Conquest onwards, that possesses any historical value. For his French history he followed chiefly the _Compendium super Francorum gestis_ of Robert Gaguin, printed at Paris in 1497. For English history his best source was the old _Chronicles of London_, from which he borrowed also the arrangement of his work in civic form. From 1440 to 1485 he follows, as a rule with great fidelity, the original of the London Chronicle in Cotton MS. Vitellius A. XVI. (printed in _Chronicles of London_, 1905, pp. 153-264).

Fabyan's own merits are little more than those of an industrious compiler, who strung together the accounts of his different authorities without any critical capacity. He says expressly that his work was "gaderyd without understandynge," and speaks of himself as "of cunnynge full destitute." Nevertheless he deserves the praise which he has received as an early worker, and for having made public information which through Hall and Holinshed has become the common property of later historians, and has only recently been otherwise accessible. Bale alleges that the first edition was burnt by order of Cardinal Wolsey because it reflected on the wealth of the clergy; this probably refers to his version of the Lollards Bill of 1410, which Fabyan extracted from one of the London Chronicles.

See further Ellis' _Introduction_; W. Busch, _England under the Tudors_ (trans. A.M. Todd, 1895), i. 405-410; and C.L. Kingsford, _Chronicles of London_, pp. xxvi-xxxii (1905). (C. L. K.)

FACADE, a French architectural term signifying the external face of a building, but more generally applied to the principal front.

FACCIOLATI, JACOPO (1682-1769), Italian philologist, was born at Torriglia, in the province of Padua, in 1682. He owed his admission to the seminary of Padua to Cardinal Barberigo, who had formed a high opinion of the boy's talents. As professor of logic, and regent of the schools, Facciolati was the ornament of the Paduan university during a period of forty-five years. He published improved editions of several philological works, such as the _Thesaurus Ciceronianus_ of Nizolius, and the polyglot vocabulary known under the name of Calepino. The latter work, in which he was assisted by his pupil Egidio Forcellini, he completed in four years--1715 to 1719. It was written in seven languages, and suggested to the editor the idea of his _opus magnum_, the _Tolius Latinitatis Lexicon_, which was ultimately published at Cardinal Priole's expense, 4 vols. fol., Padua, 1771 (revised ed. by de Vit, 1858-1887). In the compilation of this work the chief burden seems to have been borne by Facciolati's pupil Forcellini, to whom, however, the lexicographer allows a very scanty measure of justice. Perhaps the best testimony to the learning and industry of the compiler is the well-known observation that the whole body of Latinity, if it were to perish, might be restored from this lexicon. Facciolati's mastery of Latin style, as displayed in his epistles, has been very much admired for its purity and grace. In or about 1739 Facciolati undertook the continuation of Papadopoli's history of the university of Padua, carrying it on to his own day. Facciolati was known over all Europe as one of the most enlightened and zealous teachers of the time; and among the many flattering invitations which he received, but always declined, was one from the king of Portugal, to accept the directorship of a college at Lisbon for the young nobility. He died in 1769. His history of the university was published in 1757, under the name _Fasti Gymnasii Patavini_. In 1808 a volume containing nine of his Epistles, never before published, was issued at Padua.

See J.E. Sandys, _Hist. Class. Schol._ ii. (1908).

FACE (from Lat. _facies_, derived either from _facere_, to make, or from a root _fa-_, meaning "appear"; cf. Gr. [Greek: phainein]), a word whose various meanings of surface, front, expression of countenance, look or appearance, are adaptations of the application of the word to the external part of the front portion of the head, usually taken to extend from the top of the forehead to the point of the chin, and from ear to ear (see ANATOMY: _Superficial and Artistic_; and PHYSIOGNOMY).

FACTION (through the French, from Lat. factio, a company of persons combined for action, _facere_, to do; from the other French derivative _facon_ comes "fashion"), a term, used especially with an opprobrious meaning, for a body of partisans who put their party aims and interests above those of the state or public, and employ unscrupulous or questionable means; it is thus a common term of reciprocal abuse between parties. In the history of the Roman and Later Roman empires the factions (_factiones_) of the circus and hippodrome, at Rome and Constantinople, played a prominent part in politics. The _factiones_ were properly the four companies into which the charioteers were divided, and distinguished by the colours they wore. Originally at Rome there were only two, white (_albata_) and red (_russata_), when each race was open to two chariots only; on the increase to four, the green (_prasina_) and blue (_veneta_) were added. At Constantinople the last two absorbed the red and white factions.

For a brilliant description of the factions at Constantinople under Justinian, and the part they played in the celebrated Nika riot in January 532, see Gibbon's _Decline and Fall_, ch. xl.; and J.B. Bury's _Appendix_ 10 in vol. iv. of his edition (1898), for a discussion of the relationship between the _factiones_ and the demes of Constantinople.

FACTOR (from Lat. _facere_, to make or do), strictly "one who makes"; thus in ordinary parlance, anything which goes to the composition of anything else is termed one of its "factors," and in mathematics the term is used of those quantities which, when multiplied together, produce a given product. In a special sense, however--and that to which this article is devoted--"factor" is the name given to a mercantile agent (of the class known as "general agents") employed to buy or sell goods for a commission. When employed to sell, the possession of the goods is entrusted to him by his principal, and when employed to buy it is his duty to obtain possession of the goods and to consign them to his principal. In this he differs from a broker (q.v.), who has not such possession, and it is this distinguishing characteristic which gave rise in England to the series of statutes known as the Factors Acts. By these acts, consolidated and extended by the act of 1889, third parties buying or taking pledges from factors are protected as if the factor were in reality owner; but these enactments have in no way affected the contractual relations between the factor and his employer, and it will be convenient to define them before discussing the position of third parties as affected by the act.

I. FACTOR AND PRINCIPAL

A factor is appointed or dismissed in the same way as any other agent. He may be employed for a single transaction or to transact all his principal's business of a certain class during a limited period or till such time as his authority may be determined. A factor's duty is to sell or buy as directed; to carry out with care, skill and good faith any instructions he may receive; to receive or make payment; to keep accounts, and to hand over to his principal the balance standing to his principal's credit, without any deduction save for commission and expenses. All express instructions he must carry out to the full, provided they do not involve fraud or illegality. On any point not covered by his express instructions he must follow the usual practice of his particular business, if not inconsistent with his instructions or his position as factor. Many usages of businesses in which factors are employed have been proved in court, and may now be regarded as legally established. For instance, he may, unless otherwise directed, sell in his own name, give warranties as to goods sold by him, sell by sample (in most businesses), give such credit as is usual in his business, receive payment in cash or as customary; and give receipts in full discharge, sell by indorsement of bills of lading; and insure the goods. It is his duty to clear the goods at the customs, take charge of them and keep them safely, give such notices to his principal and others as may be required, and if necessary take legal proceedings for the protection of the goods. On the other hand, he has not authority to delegate his employment, or to barter; and as between himself and his principal he has no right to pledge the goods, although as between the principal and the pledgee, an unauthorized pledge made by the factor may by virtue of the Factors Act 1889 be binding upon the principal. It is, moreover, inconsistent with his employment as agent that he should buy or sell on his own account from or to his principal. A factor has no right to follow any usage which is inconsistent with the ordinary duties and authority of a factor unless his principal has expressly or impliedly given his consent.

On the due performance of his duties the factor is entitled to his commission, which is usually a percentage on the value of the goods sold or bought by him on account of his principal, regulated in amount by, the usages of each business. Sometimes the factor makes himself personally responsible for the solvency of the persons with whom he deals, in order that his principal may avoid the risk entailed by the usual trade credit. In such a case the factor is said to be employed on _del credere_ terms, and is entitled to a higher rate of commission, usually 2-1/2% extra. Such an arrangement is not a contract of guarantee within the Statute of Frauds, and therefore need not be in writing. Besides his remuneration, the factor is entitled to be reimbursed by his principal for any expenses, and to be indemnified against any liabilities which he may have properly incurred in the execution of his principal's instructions. For the purpose of enforcing his rights a factor has, without legal proceedings, two remedies. Firstly, by virtue of his general _lien_ (q.v.) he may hold any of his principal's goods which come to his hands as security for the payment to him of any commission, out-of-pocket expenses, or even general balance of account in his favour. Although he cannot sell the goods, he may refuse to give them up until he is paid. Secondly, where he has consigned goods to his principal but not been paid, he may "_stop in transit_" subject to the same rules of law as an ordinary vendor; that is to say, he must exercise his right before the transit ends; and his right may be defeated by his principal transferring the document of title to the goods to some third person, who takes it in good faith and for valuable consideration (Factors Act 1889, section 10). If the factor does not carry out his principal's instructions, or carries them out so negligently or unskilfully that his principal gets no benefit thereby, the factor loses his commission and his right to reimbursement and indemnity. If by such failure or negligence the principal suffers any loss, the latter may recover it as damages. So too if the factor fails to render proper accounts his principal may by proper legal proceedings obtain an account and payment of what is found due; and threatened breaches of duty may be summarily stopped by an injunction. Criminal acts by the factor in relation to his principal's goods are dealt with by section 78 of the Larceny Act 1860.

II. PRINCIPAL AND THIRD PARTY

(a) _At Common Law._--The actual authority of a factor is defined by the same limits as his duty, the nature of which has been just described; i.e. firstly, by his principal's express instructions; secondly, by the rules of law and usages of trade, in view of which those instructions were expressed. But his power to bind his principal as regards third parties is often wider than his actual authority; for it would not be reasonable that third parties should be prejudiced by secret instructions, given in derogation of the authority ordinarily conferred by the custom of trade; and, as regards them, the factor is said to have "_apparent_" or "_ostensible_" authority, or to be _held out_ as having authority to do what is customary, even though he may in fact have been expressly forbidden so to do by his principal. But this rule is subject to the proviso that if the third party have notice of the factor's actual instructions, the "apparent" authority will not be greater than the actual. "The general principle of law," said Lord Blackburn in the case of _Cole_ v. _North-Western Bank_, 1875, L.R. 10, C.P. 363, "is that when the true owner has clothed any one with apparent authority to act as his agent, he is bound to those who deal with the agent on the assumption that he really is an agent with that authority, to the same extent as if the apparent authority were real." Under such circumstances the principal is for reasons of common fairness precluded, or, in legal phraseology, _estopped_, from denying his agent's authority. On the same principle of estoppel, but not by reason of any trade usages, a course of dealing which has been followed between a factor and a third party with the assent of the principal will give the factor apparent authority to continue dealing on the same terms even after the principal's assent has been withdrawn; provided that the third party has no notice of the withdrawal.

Such apparent authority binds the principal both as to acts done in excess of the actual authority and also when the actual authority has entirely ceased. For instance, A. B. receives goods from C.D. with instructions not to sell below 1s. per lb.; A. B. sells at 10-1/2d., the market price; the buyer is entitled to the goods at 10-1/2d., because A. B. had apparent authority, although he exceeded his actual authority. On the same principle the buyer would get a good title by buying from A. B. goods entrusted to him by C. D., even though at the time of the sale C. D. had revoked A. B.'s authority and instructed him not to sell at all. In either case the factor is held out as having authority to sell, and the principal cannot afterwards turn round and say that his factor had no such authority. As in the course of his business the factor must necessarily make representations preliminary to the contracts into which he enters, so the principal will be bound by any such representations as may be within the factor's actual or apparent authority to the same degree as by the factor's contracts.

(b) _Under the Factors Act 1889._--The main object of the Factors Acts, in so far as they relate to transactions carried out by factors, has been to add to the number of cases in which third parties honestly buying or lending money on the security of goods may get a good title from persons in whose possession the goods are with the consent, actual or apparent, of the real owners, thus calling in aid the principle of French law that "_possession vaut titre_" as against the doctrine of the English common law that "_nemo dat quod non habet_." The chief change in the law relating specially to factors has been to put pledges by factors on the same footing as sales, so as to bind a principal to third parties by his factor's pledge as by his factor's sale. The Factors Act 1889 in part re-enacts and in part extends the provisions of the earlier acts of 1823, 1825, 1842 and 1877; and is, so far as it relates to sales by factors, in large measure merely declaratory of the law as it previously existed. Its most important provisions concerning factors are as follows:--

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). (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 (see LABOUR 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 of _fax_, 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. (See SUN.)

FACULTY (through the French, from the Lat. _facultas_, ability to do anything, from _facilis_, 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 kinds of 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 Latin _facultas_ was used to translate [Greek: dunamis] in 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 (see UNIVERSITIES). 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; see BENEFICE); to be married at any place or time (usually called a special licence; see MARRIAGE; 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).

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 facade 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 82 B.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 Roman _centuria_ of 200 _iugeri_ (E. Bormann in _Corp. 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 written FAROE or THE FAEROES, Danish _Faeroerne_ or _Faroerne_, "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 deg. E. with 62 deg. 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 Stromo, on which is the chief town, Thorshavn, with a population of 1656; Ostero, Sudero, Vaago, Sando and Bordo. 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 Slattaretindur in Ostero, and Kopende and Skellingfjeld in Stromo, 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 Sorvaag Lake in Vaago, 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 Sudero 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 Sudero. The basalts are submarine flows which formed the basis of the land upon 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 Stromo and Ostero, 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 Stromo, 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 an _amt_ (county) of Denmark. They have also a local parliament (_lagthing_), consisting of the _amtmann_ and 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 Sudero 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 Stromo, who was sent by Frederick II. to clear the seas, is still celebrated in many songs and stories. There was formerly a bishopric at Kirkebo, 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 the _Faereyinga 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 Faroerne_ (1800), and _Descriptions of the Feroe Islands_ (London, 1810); A.J. Symington, _Pen and Pencil Sketches of Faroe and Iceland_ (1862); J. Russel-Jeaffreson, _The Faroe Islands_ (1901); J. Falk Ronne, _Beskrivelse over Faroerne_ (Copenhagen, 1902); C.H. Ostenfeld, E. Warming and others, _Botany of the Faeroes_ (Copenhagen, 1901-1903); Annandale, _The Faroes and Iceland_ (Oxford, 1905). The _Faereyinga Saga_ was translated by F. York Powell (London, 1896); for folk-songs and legends see S. Kraeth, _Die faroischen Lieder von Sigurd_ (Paderborn, 1877); V.U. Hammershaimb, _Faeroisk Anthologi_ (Copenhagen, 1886-1891).

FOOTNOTE:

[1] See Hans von Post, "Om Faroarnes uppkomst," _Geologiska Foreningens i Stockholm Forhandlingar_, 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 12-1/2 ft. In this portion of the wall are two drains, below one of which is a _phallus_. 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 the _Capitolium_ of 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 63 B.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 215 B.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; in A.D. 405 Radagaisus was crushed in the neighbouring hills, and Belisarius besieged and took it in A.D. 539.

See L.A. Milani, _Rendiconti dei Lincei_, ser. vi. vol. ix. (1900), 289 seq., on the discovery of an archaic altar of the _Locus sacer_ of 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 as _fagotto_, 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 Ecole des Chartes and the Ecole des Hautes Etudes, he made his first appearance in the world of scholarship as the author of an excellent book called _Etudes sur l'industrie et la classe industrielle a Paris au XIII^e et au XIV^e siecle_ (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 of _Documents relatifs a l'histoire de l'industrie et du commerce en France_ (2 vols., 1898-1900), and in 1897 he published _L'Economie 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. His _Le Pere Joseph et Richelieu_ (1894), though somewhat frigid and severe, is based on a mass of unpublished information, and shows remarkable psychologic grasp. In 1878 his _Journal parisien de Jean de Maupoint, prieur de Ste Catherine-de-la-Couture_ was published in vol. iv. of the _Memoires de la societe de l'histoire de Paris et de l'Ile de France_. He wrote numerous articles in the _Revue historique_ (of which he was co-director with Gabriel Monod for some years) and in other learned reviews, such as the _Revue des questions historiques_ and the _Journal des savants_. In 1901 he was elected member of the Academie des Sciences Morales et Politiques.

FAGUET, EMILE (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 the _Soleil_; from 1892 he was literary critic to the _Revue bleue_; and in 1896 took the place of M. Jules Lemaitre on the _Journal des debats_. Among his works are monographs on _Flaubert_ (1899), _Andre Chenier_ (1902), _Zola_ (1903); an admirably concise _Histoire de la litterature francaise depuis le XVII^e siecle jusqu'a nos jours_; series of literary studies on the 17th, 18th and 19th centuries; _Questions politiques_ (1899); _Propos litteraires_ (3 series, 1902-1905); _Le Liberalisme_ (1902); and _L'Anticlericalisme_ (1906).

See A. Seche, _Emile 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 (about A.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 Fa-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 518 A.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 his _Noachs 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 of _Ansgarius_, 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 Vesteras, 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 his _Rom forr 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., Orebro, 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 (see THERMOMETRY). 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 the _Phil. Trans._ for 1724. He died in Holland on the 16th of September 1736.

FAIDHERBE, LOUIS LEON CESAR (1818-1889), French general and colonial administrator, was born on the 3rd of June 1818, at Lille, received his military education at the Ecole 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 promoted _chef de bataillon_ and 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 mentioned _Collection des inscriptions numidiques_ (1870), _Epigraphie phenicienne_ (1873), _Essai sur la langue poul_ (1875), and _Le Zenaga des tribes senegalaises_ (1877), the last a study of the Berber language. He also wrote on the geography and history of Senegal and the Sahara, and _La Campagne de l'armee 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 the _porzellana 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 (see CERAMICS).

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 Worth 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 wrote _Campaigne de 1870, Operations et marche du 5^me corps jusqu'au 30 aout_ (Brussels, 1871).

FAIN, AGATHON JEAN FRANCOIS (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 the _cabinet particulier_ of 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 successively _Manuscrit de 1814, contenant l'histoire des six derniers mois du regne de Napoleon_ (1823; new edition with illustrations, 1906); _Manuscrit de 1813, contenant le precis des evenements de cette annee pour servir a l'histoire de l'empereur Napoleon_ (1824); _Manuscrit de 1812_ (1827); and _Manuscrit de l'an iii. (1794-1795), contenant les premieres transactions de l'Europe avec la republique francaise et le tableau des derniers evenements du regime conventionnel_ (1828), all of which are remarkable for accuracy and wide range of knowledge, and are a very valuable source for the history of Napoleon I. Of still greater importance for the history of Napoleon are Fain's _Memoires_, 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 Latin _feria_, 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 the _kirmiss_, "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 the _data_ given in Herbert Spencer's _Descriptive Sociology_ that 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 Roman _nundinae_, 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:--

"Officers patrolled the square, whose business it was to keep the peace, to collect the dues imposed on the various kinds of merchandise, to see that no false measures or fraud of any kind were used, and to bring offenders at once to justice. A court of twelve judges sat in one part of the _tianguez_ clothed with those ample and summary powers which, in despotic countries, are often delegated even to petty tribunals. The extreme severity with which they exercised those powers, in more than one instance, proves that they were not a dead letter."

But notwithstanding the great antiquity of fairs, their charters are comparatively modern--the oldest known being that of St Denys, Paris, which Dagobert, king of the Franks, granted (A.D. 642) to the monks of the place "for the glory of God, and the honour of St Denys at his festival."

In England it was only after the Norman conquest that fairs became of capital importance. Records exist of 2800 grants of franchise markets and fairs between the years 1199 and 1483. More than half of these were made during the reigns of John and Henry III., when the power of the church was in ascendancy. The first recorded grant, however, appears to be that of William the Conqueror to the bishop of Winchester, for leave to hold an annual "free fair" at St Giles's hill. The monk who had been the king's jester received his charter of Bartholomew fair, Smithfield, in the year 1133. And in 1248 Henry III. granted a like privilege to the abbot of Westminster, in honour of the "translation" of Edward the Confessor. Sometimes fairs were granted to towns as a means for enabling them to recover from the effects of war and other disasters. Thus, Edward III. granted a "free fair" to the town of Burnley in Rutland, just as, in subsequent times, Charles VII. favoured Bordeaux after the English wars, and Louis XIV. gave fair charters to the towns of Dieppe and Toulon. The importance attached to these old fairs may be understood from the inducements which, in the 14th century, Charles IV. held out to traders visiting the great fair of Frankfort-on-Main. The charter declared that both during the continuance of the fair, and for eighteen days before and after it, merchants would be exempt from imperial taxation, from arrest for debt, or civil process of any sort, except such as might arise from the transactions of the market itself and within its precincts. Philip of Valois's regulations for the fairs of Troyes in Champagne might not only be accepted as typical of all subsequent fair-legislation of the kingdom, but even of the English and German laws on the subject. The fair had its staff of notaries for the attestation of bargains, its court of justice, its police officers, its sergeants for the execution of the market judges' decrees, and its visitors--of whom we may mention the _prud'hommes_,--whose duty it was to examine the quality of goods exposed for sale, and to confiscate those found unfit for consumption. The confiscation required the consent of five or six representatives of the merchant community at the fair. The effect of these great "free fairs" of England and the continent on the development of society was indeed great. They helped to familiarize the western and northern countries with the banking and financial systems of the Lombards and Florentines, who resorted to them under the protection of the sovereign's "firm peace," and the ghostly terrors of the pope. They usually became the seat of foreign agencies. In the names of her streets Provins preserved the memory of her 12th-century intercourse with the agents and merchants of Germany and the Low Countries, and long before that time the Syrian traders at St Denys had established their powerful association in Paris. Like the church on the religious side, the free fairs on the commercial side evoked and cherished the international spirit. And during long ages, when commercial "protection" was regarded as indispensable to a nation's wealth, and the merchant was compelled to "fight his way through a wilderness of taxes," they were the sole and, so far as they went, the complete substitute for the free trade of later days.

Their privileges, however, were, from their very nature, destined to grow more oppressive and intolerable the more the towns were multiplied and the means of communication increased. The people of London were compelled to close their shops during the days when the abbot of Westminster's fair was open. But a more curious and complete instance of such an ecclesiastical monopoly was that of the St Giles's fair, at first granted for the customary three days, which were increased by Henry III. to sixteen. The bishop of Winchester was, as we have seen, the lord of this fair. On the eve of St Giles's feast the magistrates of Winchester surrendered the keys of the city gates to the bishop, who then appointed his own mayor, bailiff and coroner, to hold office until the close of the fair. During the same period, Winchester and Southampton also--though it was then a thriving trading town--were forbidden to transact their ordinary commercial business, except within the bishop's fair, or with his special permission. The bishop's officers were posted along the highways, with power to forfeit to his lordship all goods bought and sold within 7 m. of the fair--in whose centre stood "the pavilion," or bishop's court. It is clear, from the curious record of the _Establishment and Expenses of the Household_ of Percy, 5th earl of Northumberland, that fairs were the chief centres of country traffic even as late as the 16th century. They began to decline rapidly after 1759, when good roads had been constructed and canal communication established between Liverpool and the towns of Yorkshire, Cheshire and Lancashire. In the great towns their extinction was hastened in consequence of their evil effects on public morals. All the London fairs were abolished as public nuisances before 1855--the last year of the ever famous fair of St Bartholomew; and the fairs of Paris were swept away in the storm of the Revolution.

_English Fairs and Markets._--For the general reasons apparent from the preceding sketch, fairs in England, as in France and Germany, have very largely given way to markets for specialities. Even the live-stock market of the metropolis is being superseded by the dead-meat market, a change which has been encouraged by modern legislation on cattle disease, the movements of home stock and the importation of foreign animals. Agricultural markets are also disappearing before the "agencies" and the corn exchanges in the principal towns. Still there are some considerable fairs yet remaining. Of the English fairs for live stock, those of Weyhill in Hampshire (October 10), St Faith's, near Norwich (October 17), as also several held at Devizes, Wiltshire, are among the largest in the kingdom. The first named stands next to none for its display of sheep. Horncastle, Lincolnshire, is the largest horse fair in the kingdom, and is regularly visited by American and continental dealers. The other leading horse fairs in England are Howden in Yorkshire (well known for its hunters), Woodbridge (on Lady Day) for Suffolk horses, Barnet in Hertfordshire, and Lincoln. Exeter December fair has a large display of cattle, horses and most kinds of commodities. Large numbers of Scotch cattle are also brought to the fairs of Carlisle and Ormskirk. Nottingham has a fair for geese. Ipswich has a fair for lambs on the 1st of August, and for butter and cheese on the 1st of September. Gloucester fair is also famous for the last-named commodity. Falkirk fair, or tryst, for cattle and sheep, is one of the largest in Scotland; and Ballinasloe, Galway, holds a like position among Irish fairs. The Ballinasloe cattle are usually fed for a year in Leinster before they are considered fit for the Dublin or Liverpool markets.

_French Fairs._--In France fairs and markets are held under the authority of the prefects, new fairs and markets being established by order of the prefects at the instance of the commune interested. Before the Revolution fairs and markets could only be established by _seigneurs justiciers_, but only two small markets have survived the law of 1790 abolishing private ownership of market rights, namely, the _Marche Ste Catherine_ and the _Marche des enfants rouges_, both in Paris. Under the present system markets and fairs are held in most of the towns and villages in France; and at all such gatherings entertainments form an important feature. The great fair of Beaucaire instituted in 1168 has steadily declined since the opening of railway communication, and now ranks with the fairs of ordinary provincial towns. Situated at the junction of the Rhone and the Canal du Midi, and less than 40 m. from the sea, it at one time attracted merchants from Spain, from Switzerland and Germany, and from the Levant and Mediterranean ports, and formed one of the greatest temporary centres of commerce on the continent. One trade firm alone, it is said, rarely did less than 1,000,000 francs worth of business during the fortnight that the fair lasted.

_German Fairs._--In Germany the police authorities are considered the market authorities, and to them in most cases is assigned the duty of establishing new fairs and markets, subject to magisterial decision. The three great fairs of Germany are those of Frankfort-on-Main, Frankfort-on-Oder and Leipzig, but, like all the large fairs of Europe, they have declined rapidly in importance. Those of Frankfort-on-Main begin on Easter Tuesday and on the nearest Monday to September 8 respectively, and their legal duration is three weeks, though the limit is regularly extended. The fairs of the second-named city are _Reminiscere_, February or March; _St Margaret_, July; _St Martin_, November. Ordinarily they last fifteen days, which is double the legal term. The greatest of the German fairs are those of Leipzig, whose display of books is famous all over the world. Its three fairs are dated January 1, Easter, Michaelmas. The Easter one is the book fair, which is attended by all the principal booksellers of Germany, and by many more from the adjoining countries. Most German publishers have agents at Leipzig. As many as 5000 new publications have been entered in a single Leipzig catalogue. As in the other instances given, the Leipzig fairs last for three weeks, or nearly thrice their allotted duration. Here no days of grace are allowed, and the holder of a bill must demand payment when due, and protest, if necessary, on the same day, otherwise he cannot proceed against either drawer or endorser.

_Russian Fairs._--In Russia fairs are held by local authorities. Landed proprietors may also hold fairs on their estates subject to the sanction of the local authorities; but no private tolls may be levied on commodities brought to such fairs. In Siberia and the east of Russia, where more primitive conditions foster such centres of trade, fairs are still of considerable importance. Throughout Russia generally they are very numerous. The most important, that of Nijni Novgorod, held annually in July and August at the confluence of the rivers Volga and Kama, was instituted in the 17th century by the tsar Michael Fedorovitch. In 1881 it was calculated that trade to the value of 246,000,000 roubles was carried on within the limits of the fair. It still continues to be of great commercial importance, and is usually attended by upwards of 100,000 persons from all parts of Asia and eastern Europe. Other fairs of consequence are those of Irbit in Perm, Kharkoff (January and August), Poltava (August and February), Koreunais in Koursk, Ourloupinsknia in the Don Cossack country, Krolevetz in Tchernigoff, and a third fair held at Poltava on the feast of the Ascension.

_Indian Fairs._--The largest of these, and perhaps the largest in Asia, is that of Hurdwar, on the upper course of the Ganges. The visitors to this holy fair number from 200,000 to 300,000; but every twelfth year there occurs a special pilgrimage to the sacred river, when the numbers may amount to a million or upwards. Those who go solely for the purposes of trade are Nepalese, Mongolians, Tibetans, central Asiatics and Mahommedan pedlars from the Punjab, Sind and the border states. Persian shawls and carpets, Indian silks, Kashmir shawls, cottons (Indian and English), preserved fruits, spices, drugs, &c., together with immense numbers of cattle, horses, sheep and camels, are brought to this famous fair.

_American Fairs._--The word "fair," as now used in the United States, appears to have completely lost its Old World meaning. It seems to be exclusively applied to industrial exhibitions and to what in England are called fancy bazaars. Thus, during the Civil War, large sums were collected at the "sanitary fairs," for the benefit of the sick and wounded. To the first-named class belong the state and county fairs, as they are called. Among the first and best-known of these was the "New York World's Fair," opened in 1853 by a company formed in 1851. (See EXHIBITION.)

_Law of Fairs._--As no market or fair can be held in England without a royal charter, or right of prescription, so any person establishing a fair without such sanction is liable to be sued under a writ of _Quo warranto_, by any one to whose property the said market may be injurious. Nor can a fair or market be legally held beyond the time specified in the grant; and by 5 Edward III. c. 5 (1331) a merchant selling goods after the legal expiry of the fair forfeited double their value. To be valid, a sale must take place in "market-overt" (open market); "it will not be binding if it carries with it a presumption of fraudulence." These regulations satisfied, the sale "transfers a complete property in the thing sold to the vendee; so that however injurious or illegal the title of the vendor may be, yet the vendee's is good against all men except the king." (In Scottish law, the claims of the real owner would still remain valid.) However, by 21 Henry VIII. c. 2 (1529) it was enacted that, "if any felon rob or take away money, goods, or chattels, and be indicted and found guilty, or otherwise attainted upon evidence given by the owner or party robbed, or by any other by their procurement, the owner or party robbed shall be restored to his money, goods or chattels," but only those goods were restored which were specified in the indictment, now could the owner recover from a _bona fide_ purchaser in market-overt who had sold the goods before conviction. For obvious reasons the rules of market-overt were made particularly stringent in the case of horses. Thus, by 2 Philip & Mary c. 7 (1555) and 31 Eliz. c. 12 (1589) no sale of a horse was legal which had not satisfied the following conditions;--Public exposure of the animal for at least an hour between sunrise and sunset; identification of the vendor by the market officer, or guarantee for his honesty by "one sufficient and credible person"; entry of these particulars, together with a description of the animal, and a statement of the price paid for it, in the market officer's book. Even if his rights should have been violated in spite of all these precautions, the lawful owner could recover, if he claimed within six months, produced witnesses, and tendered the price paid to the vendor. Tolls were not a "necessary incident" of a fair--i.e. they were illegal unless specially granted in the patent, or recognized by custom. As a rule, they were paid only by the vendee, and to the market clerk, whose record of the payment was an attestation to the genuineness of the purchase. By 2 & 3 Philip & Mary