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

520 FARTOR. FASCES.
traced to the Patria Potestas. These relations are thc' the enlames of such persons as they might
treated under their appropriate heads. meet. (Festus, s. v. Fa'tores.)
The doctrine of representation, as applied to the FAS. [FPSTr; Jus.]
acquisition of property, is connected with the doc- i FASCES, were rods bound in the form of a
trine of the relations of familia; but being limited bundle, and containing an axe (seceids) in the
with reference to potestas, manus, and lmancipium, middle, the iron of which projected from thel.,
it is not co-extensive nor identical with the rela- These rods were carried bylictors before the supetions of familia. Legal capacity is also connected rior magistrates at Rome, and are often represented
with the relations of familia, though not identical on the reverse of consular coins. (Spanh. De
with, but rather distinct from them. The notions PI-est. et Useu lNit7nten. vol. ii. pp. 88, 91.) The
of liberi and servi, sui juris and alieni, are com- following woodcuts give the reverses of four conprised in the above-mentioned relations of familia. sular coins; in the first of which we see the lictora
The distinctions of Cives, Latini, Peregrini, are carrying the fasces on their shoulders; in the
entirely unconnected with the relations of fnamilia. second, two fasces, and between them a sella
Some of the relations of famllilia have no effect on curalis; in the third, two fasces crowned, with
legal capacity, for instance, marriage as such. That tile consul standing between themll; and in the
family relationship which has an influence on legal fourth, the same, only withl no crowns arounmd the
capacity, is the Patria Potestas, in connection fasces.
with which the legal incapacities of filiusfamilias,
filiafamilias, and a wife in manu, may be most
appropriately considered. (Savigny, cSiysteen des
heutcien RMme. Reclcs, vol. i. pp. 345, &c., 356, &c. / t~,41 ~.{;G.
vol. ii. Berlin, 1840,; Bcking, Instutiooen, vol. i. /
p. 213, &c.) [i. L.] I
FAMPIL)IAE ERCISCUNDAE ACTIO. t
Every heres, who had full power of disposition
over his property, was entitled to a division of the',_, v_ -v
hereditas, unless the testator had declared, or the \'
co-heredes had agreed, that it should remain in
common for a fixed time. The division could be
made by agreement among the co-hleredes; but in
case they could not agree, the division was made by
a judex. For this purpose every heres had against
each of his co-lleredes an actio familiae erciscunda e,',
which, lie tlse actiones communi dividundo, and c (O ky g
finium regundorum, was of the class of MIixtae t ii i
Actiones, or, as they were sometimes called, Du- \ lt
plicia Judicia, because, as in the familiiine erciscundae c
judicium, each heres was both plaintiff and defend-
ant (actor and reus); though lie who brought the
actio and claimed a jucldicium (dCal JLdicium peoeve-:~ ~/'
cei) wasd properly the actcr. A beres, either es 1 The next two woodcuts, which are taken from
testamento or aeb intestato, miglt bring this action.. the cossuoar cosns of C. orans, contain i adAll the heredes ~were liable to the bonoiuln collatio dition to the fasces-the one a spica and caduceus,
AlolNoR I COLI ATIO1, tllat is, bOId to hedllones iwe and the other a spica, caduceus, and prora,
[BoWORUAw CoLeATIOi, that is, bound to allow% in
taking the account of the property, what thley had
received frolll the testator in his lifetimei as part of
-their share of the hereditas, at least so far as they`7,had been enriched by such donations. —:
This action was given by the Twelve Tablles. [ii
The word Familia here signifies the "property,"
as explained in the previous article, and is equiva- I
lent to hereditas.
The meaning and origin of the verb erec, iscere,
or here, iscere, have been a subject of some dis-,pute. It is, however, certain that the word means
"division." (Dig. 10. tit. 2; Cic. De Orat. i.
56, PPro Caecina, c. 7; Apul. Met. ix. p. 210, The fasces appear to have been usually made of
Bipont.) [G. L.] birch (betulla, Plin. II.. xvi. 30), but sometimes
FAMO'SI LIBELLI. [LIBELLuS.] also of the twigs of the elm, (Plaut. Asits. iii. 2.
FANUM. [Ter2PLUMr.] 29, ii. 3. 74.) They are said to have been deFA/RREUM. [M'A'rRIMrIONIUM.] rived from Vetulonlia, a city of Etruria. (Sil. Ital.
FARTOR (eOrcevT'7s), was a slave who fattened viii. 485; compare Liv. i. 8.) Twelve were carried
poultry. (Colum. viii. 7; IHor. Sat. ii. 3. 228; before each of the kings by twelve lictors; and
Plaut. True. i. 2. 11.) Donatus (adcl Terent. Et-n. on the expulsion of the Tarquins, one of the conii. 2. 26) says that the name was given to a suls Yas preceded by twelve lictors with thefasces
maker of sausages; but compare Becker, Gall2us, and secures, and the other by the same number
vol. ii. p. 190. of lictors with the fasces only, or, according to
The nanle of fartores or cramlinlers was also some accounts, with crowns round them. (Dion-s.
given to the nomenclatores, who accompanied the v. 2.) But P. Valerius Publicola, who gave to
candidates for the public offices at Rome, and gave the people the right of provocatio, ordained that