Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

FABEI. FALSUM. 517
wa.s infnicted for. various crimes, ts vis publlicac, belong to any of the five classes into which Servius
FrCI!adtCas, veZCefCihu2, &c. The Lex Julia de vi divided the people; but tllefJtbri tign. probably
bl/licra et privatc applied, among other cases, to voted with the first class, and thefiibri aer. with
rany person qtci receplerit, celaverit, tenzerit, the inter- the second. Livy (i. 43) and Dionysius (vii. 59)
dlicted person (Paulus, Sent. Recept. ed. Schulting); name both the centuries together: the former says
and there was a clause to this effect in the lex of that they voted with the first class; the latter,
Clodius, by which Cicero was banished. that they voted with the second. Cicero (De Rep.
The sentence of the interdict, which in the ii. 22) names only one century of fabri, which lie
tihle of the Antonines was accompanied with the says voted with the first class; but as he adds the
loss of citizenship (Gains, i. 90), could hardly have word tignarioruai, he must have recognized the
had any other effect in the time of Cicero. It existence of the second century, which we suppose
nay be true that exsilium, that is, the change of to have voted with the second class. (Giittling,
soi'm, or ground, was not in direct terms included Gesch. decr MRm. Staastv. p. 249.)
in the sentence of aquzae et ignis interdictio: the The fabri in the army were under the command
pers.m might stay if he liked, and submit to the of an officer called praefectzus fatbrznsz. (Caes. cap.
penalty of being an outcast, and being incapacitated Cic. ad Att. ix. 8, Bell. Civ. i. 24; Veget. ii. 11II.)
fronm doing any legal act. Indeed, it is not easy It has been supposed by some modern writers that
to conceive tlfat buanisllenlt can exist in any state, there was a praefectus fabrum attached to each
except such state has distant possessions of its own legion; and this sziayhave been the case. No genuine
to- which the offender can be sent. Thus banishl- inscriptions however, contain the title of praefectus
ment as a penalty did not exist in the old English fabrdlm with the name of a legion added to it.
law. When isopolitical relations existed between There were also civil magistrates at Rome and in
Rome and another state, exsilium might be the the municipal towns, called praefecti fabrttm; but
privilege of an offender. Cicero might then truly we know nothing respecting them beyond their
say that exsilium was not a punishment, but a name. Thus we find in Gruter, PRA EF. FABR.
mode of evading punishment (Pro Caecina); and ItloMAE (467. 7), PRaAEECTUS FABR. CAERa.
this is quite consistent with the interdict being a (235. 9.) The subject of the praefecti fabrdm is
punishment, and having for its object the exsilium. discussed with great accuracy in a letter of HagenAccording to Niebuhr, the interdict was intended buchius, published by Orelli (Tnascrip. vol. ii.
to prevent a person, who had become an exsul, from p. 95, &c.).
returninz7 to Rtome and resuming his citizenship, FA'BULA. [CoAIOEDIA.]
and the interdict was taken off when an exssul was FACTIO'NES AURIGA/RUM. [CCrcvs,
recalled. Further, Niebuhr asserts, that they who p. 287.]
Settled in an unprivileged place (one that was not FALA'RICA. [HIaASTa.]
in an isopolitical connection with Rome) needed a FALSA/R1US. [FALSUA1e.]
decree of the people, declaring that their settle- FALSUIM. The oldest legislative provision at
ment should operate as a legal exsilium. And Rome against Falsum was that of the Twelve
this assertion is supported by a single passage in Tables against false- testimony (Gell. xx. 1); but
Livy (xxvi. 3), from which it appears that it was there were trials for giving false testimony before
declared by a plebiscitum, that C. FaIbius, by the enactment of the Twelve Tables. (Liv. iii.
going into exile (ex'daltun) to Tarquinii, which 24, &c.) The next legislation on Falsum, so far
was a municipisum (Pro Checin. c. 4), was legally as we know, was a Lex Cornelia, passed in the
in exile. time of the Dictator Sulla, which Cicero also calls
Niebuhr asserts that Cicero had not lost the testamentaria and numaria (In Tb'r. ii. lib. 1.
civitas by the interdict; but Cicero (Ad Attic. iii. c. 42), with reference to the crimes -which it was
23) by implication admits that he had lost his the object of the law to punish. The offence was
civitas and his ordo, though in the Oratio Pro a Crimen Publicum. The provisions of this lex
Do0no he denies tlhat he had lost his civitas. And are stated by Paulus (Senzt. Recept. v. 2.5, ed.
the ground on which he mainly attempted to sup- Berl.), who also entitles it Lex Cornelia testaport his case was, that the lex by which he was mentaria, to apply to any person " qui testamenturn
interdicted, was in fact no lex, but a proceeding quodve aliud instrumenturm falsum sciens dole
altogether irregular. Cicero was restored by a lex male scripserit, recitaverit, subjecerit, suppresserit,
Centuriata. (Ad Attic. iv. 1.) [G. L.] amoverit, resignaverit, deleverit," &c. The punishEXTISPEX. [HARUSPEX.] mlent was deportatio in insulam (at least when
EXTRAORDINA'RII. [ExERCITUS,.P. Paulus wrote) for the " honestiores;" and the mines
497, b.] or crucifixion for the "humiliores." In place of
deportatio, the law probably contained the punishment of the interdictio aquae et ignis. Accordinig
to Paulus the law applied to any instrument as
well as a will, and to the adulteration of gold and
FABRI, are workmen who make any thing out silver coin, or refusing to accept in payment geof hard materials, as fabri tiganarii, carpenters, nuine coin stamped with the head of the princeps.
jibrzi aerarii, smiths, &c. The different trades But it appears from Ulpian (sub titulo de poena
were divided by Numa (Plut. NumCra, 17) into legis Corneliae testamentariaec) that these were
nine collegia, which correspond to our companies subsequent additions made to the Lex Cornelia
or guilds. In the constitution of Servius Tullius, (Alos. et Roms. Leg. Coll. tit. 8. s. 7) by various
the fabri tainarii (,ricroves, Orelli, IIascrip. 60, senatus-consulta. (Tacit. Anns. xiv. 40, 41.) By
417, 3690, 4086, 4088, 4184) and thefiabri aeasrii a senatus-consultullm, in the consulship of Statilius
or ferrarii (XaXCoTu7rot) were formed into two and Taurus, the penalties of the law were extended
centuries, which were called the centuriaefebr m7in, to the case of other than testamentary instruments.
and notfabrorumn. (Cic. Orat. 46.) They did not It is conjectured that, for the consulship of Statilius
L L 3