terred a father from an extreme exercise of power over a son, who occupied a high position in the service of the state or in the esteem of the public. There were legal devices whereby a filius familias (a son under power) could obtain his emancipation, and it was not an uncommon practice for a father to voluntarily emancipate a son. Under the empire the patria potestas was gradually weakened. The uncontrolled right to inflict corporal chastisement was reduced to a privilege to bring the domestic offenses of children to the notice of the public magistrates the punishment of offenses against the public law, of course, was never in the paternal power. The dictation of the father in the marital affairs of the children became a conditional right of veto; an adoption could not be effected without the consent of the child to be adopted, and the right to sell children was abolished. This was an approximation to the modern law so far as the rights of persons were concerned. With respect to property, the father's absolute right of control was preserved to the end. The furthest concessions made by the later law was to limit to a life interest the father's right to property inherited by children from their mother and to property acquired by children otherwise than by inheritance.

On the death of the father the dignity and power of a pater familias devolved upon each son who had attained his majority — and who had acquired sons, daughters or other descendants over whom he could exercise his authority. Daughters, however, did not gain independence through the demise of the father; women as long as they lived remained under the tutelage of the family in which they were born. If the father died intestate the family property descended to the children in equal shares and, at ncarly all periods, without any preference for male heirs. But the children of a daughter, deceased before the death of her father, took nothing in right of their mother for inheritance by representation could be claimed only through a male progenitor. Though daughters shared in the paternal estate equally with the sons, the legal disabilities of women involved the necessity of creating trusteeships and guardianships for them. In default of direct descendants the nearest agnatic kindred became the heirs and, these also failing, the estate was distributed among the gentiles, meaning, the whole body of citizens bearing the intestate's family name. These constituted the gens or "house," and were assumed to be kindred in blood, though this kinship was a legal fiction more often than it was a fact. Only those children of an intestate who were under power were capable of inheriting from an intestate. An emancipated son inherited nothing. The act of emancipation, intended as a mark of distinction and proof of special fatherly affection, would react disastrously by disinheriting the favorite. This possibility was avoidable only by a testamentary disposition. The unfairness of a law, which permitted a family domain to pass to strangers and to be dissipated by a division into a very large number of very small parts, explains the Roman aversion to intestacy - an aversion which continued long after its original cause had been removed. An ancient will should not be conceived as an instrument, like its modern counterpart, made in secret and kept secret until the death of the testator. On the contrary a Roman

will could be made only with the fullest publicity and with the approval of the community. This approval was attested by a cloud of witnesses, originally, the comitia calata, which was the whole body of citizens drawn up in battle array. The reason for this elaborate ceremonial was not a fear that a testator might disinherit his natural heirs; but the purpose of a will being to defeat the claim of the gens to an escheat, it would have been contrary to then prevalent ideas to permit so important a public act to be done without the demonstrative co-operation of the entire community. Doubtless, an attempt on the part of a father to deprive his children of their patrimony would have failed to receive the necessary public approval; but no testator would have thought of making such an attempt. Later on, when the formal probate of a will had become less public and less imposing, "the plaint of an undutious testament" would be entertained by the prætor and be the means of reinstating heirs unjustifiably excluded from their heritage. A will went into effect immediately upon its publication and approval; and, though usually made in expectation of death, the testator remained divested of his property even if he recovered. If it created a universal succession a usual method of testamentary disposition the effect was that of a general assignment. A universal heir, like a general assignee, or an executor or administrator, took not only the assets of an estate, but assumed the debts and other obligations as well. He assumed also the duty of distributing the remainder to those who had equitable interests in the property.

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The Teutonic Tribes.- When the Teuton tribes emerged from Cimmerian darkness and came into the light of history the family, with them, as with the Romans, was the social unit. The kindred and their patrimony were under the mund (guardianship) of the living, common male ancestor. This guardianship, however, carried with it the paternal power only 'in a greatly modified form. The sons were emancipated from paternal control of their persons when they attained their majority, but women remained under perpetual guardianship, which passed on their father's death to their nearest male relative. It did not pass, as in modern times, to the husband on marriage. The community of ownership in family property was pronounced. The allod, or family domain, was held in common by the father and his sons, and the former could not alienate the same without the consent of the latter, though the AngloSaxon law seems to have been exceptional in giving the father the right of disposition. Wills and testamentary dispositions of property were unknown. The patrimony passed from father to sons in equal shares, but it was not usually divided. While the rule of primogeniture did not prevail, the quasi-corporate character of the family in its relation to property required some sort of managing directorship. It was not unnatural that this should fall to the eldest son on the demise of the father. The rights and persons of women were in the wardship of the family. A distinction was made between inherited and acquired property, the acquisitions of a son who had attained his majority being his own and free of parental control-though the acquired property would be subject to the rights of the sons of him who had acquired the same. Important arrangements respecting prop

erty, or marriages were compacts between families, not between individuals - each party acting through the family head' in a representative capacity. We still speak of a conveyance of land as a covenant, not between the parties alone but also their heirs and successors forever. Until quite modern times a contract of marriage was referred to as a treaty, and the resulting bond is still called a family alliance. By the time the Goths, Saxons and Franks had become firmly established in their new seats within the territorial limits of the decadent empire, the family law of Rome had attained its final development. Property continued to be held by children, during the life of the father, only by a most precarious tenure. The control of the pater familias over the persons and liberties of his children, however, was now ended when they had attained their majority; the perpetual tutelage of women had been extinct for several centuries. Wills were attested by the seals of seven, instead of by the acclaim of an armed host of witnesses. The great number of laws to prevent the disinheritance of natural heirs, or the unequal distribution of estates, might give the impression that such practices were common. As a matter of fact, attempts to divert the patrimony from the natural line of succession were so infrequent that the preventive edicts should be regarded as recording prevalent ideas of right, rather than as enjoining existing evil practices. The rules of intestate succession had been made to conform with natural justice, and the Roman tables of consanguinity have become the basis of our own statutes of distribution. The provisions of the French code civil and other modern codes, which require an equitable partition of estates and forbid the complete disinheritance of any child, have their origin in the Roman law of this period.

The Christian Church.- The Christian churches quite naturally succeeded the heathen temples as depositories of wills. The universal succession was adapted, in principle, to cases of intestacy by the settlement of estates through administrators. A good part of the family law of Rome in its ultimate stage of development was absorbed without change into the customary law of the nations of Western Europe, not without the exertion of influence by the Church. A little later the Church succeeded in imposing on these customary laws the right of the widow to her thirds. The Church also assumed the probation of wills and the administration of intestate estates.

A distinction, which still persists, was made by the feudal law between real and personal property. The rules of primogeniture and entail were at first forced upon weak sovereigns by the more powerful of their vassals, who compelled the feeble grantors to write these rules into the charters or deeds creating the feudal benefices. The conditions of the grant were then confirmed by pactes de famille (family settlements or house laws) and, finally, the rules were embodied in the customary or common law. The power to sell or devise land freely by will was attained only after several centuries of struggle in courts and parliaments; and from the great landowners came the most determined opposition to the proposal to relieve their property from feudal bondage. The restrictions upon the conveyance of land were not consid

ered a hardship by them. As Sir Henry Maine remarks: "Into the preference for primogeniture there entered no idea of disinheriting all the children in favor of one. Everybody would have suffered by the partition of the estate; everybody gained by its consolidation. The family grew stronger by concentration of power; and it is not likely that the son invested with the inheritance had any advantages over his brethren in occupation, interests and indulgences. The situation of the holder of a feudal estate cannot be fairly compared with that of the eldest son under a modern English "strict settlement." The distinction between rights of inheritance to real and personal property has practically disappeared from the family law of this and nearly all other Western nations. The English law is exceptional in that respect, though in this country, as in England, real estate descends directly to the heirs, while personal property passes to the next of kin or legatees through the administrator or executor. But the rules of intestate succession in this country are practically the same with respect to both kinds of property. One rule of the Roman law has not generally prevailed, namely, that which excludes from the succession descendants claiming through female ancestors. The children of a deceased sister by our law have the same rights as the children of a deceased brother; children of the half blood stand in the same relationship to each other as full brothers and sisters do, even though their common parent be the mother and not the father.

Modern Legislative Modifications.— In the modern family law one comes face to face with reminiscences of the old order at every turn. The father is the natural guardian of his children and during their minority he has control over their persons and of their property, except such property as is held in other hands under a trust. The father may restrain the liberty of the children or administer corporal punishment; but such restraint and chastisement must not be excessive or cruel. Until quite recently a father had the power to bind out his sons as apprentices and, though this right has been generally discontinued, the father is still entitled to the earnings of his minor children. Theoretically he is also entitled to the earnings of an unmarried daughter of full age, who is a member of his household and not independently engaged in business nor in a separate lucrative employment. Until restrained by child labor laws of comparatively recent enactment, the father was empowered to hire out his children of any age, even the tenderest, and collect their earnings, subject only to the intervention, often ineffective, of the Society for the Prevention of Cruelty to Children, if one existed in the vicinity. The father has no control, other than moral or persuasive, over the marital arrangements of his grown children; though the power of the father to disinherit is very apt to be a very strong influence against inviting his displeasure. Solemnizations of marriages (or the issue of licenses to marry) in the cases of minors are generally forbidden by law, unless the parental consent have been given; and such marriages are voidable at the instance of the parent. Marriages without parental consent, of children under certain legally defined ages, are nullities. The duty of a father

to educate his children has, in general, been taken over by the state; but in most places the parent is under legal compulsion to send his children of school age either to the schools publicly provided or give them some other and equivalent educational advantages. The obligation to support his minor and dependent children is enforcible against an unduteous parent by criminal process. Formerly the father had an absolute right to the property of a deceased minor child and, where the rule has not been altered by legislation, he still has this right. The statutes of distribution usually apportion the shares of the next of kin and some of them include the father. In any event, the father would have the first right to administration of the estate of a minor child. The right of the father to the custody of his children is absolute only under normal conditions. Where the family has been disrupted, or the father is not a proper custodian, equity and statutory law intervene to protect the interests and welfare of the child. The latter in some instances is given the right to express its preference between the guardianship of its mother or father. The duty of the child is to obey its parents, and for incorrigible misconduct the father (or mother) may have a child committed to a correctional institution. Parents, under supervision of a competent court, may surrender their children for adoption. In New Jersey the State Board of Children's Guardians has a general supervisory power over adoptions. The duty to care for indigent, incapacitated and dependent parents is imposed on children capable of doing so, and is enforcible by summary criminal process. In some States the duty to support is extended through two generations, so that the obligation may be enforced in behalf of grandparents against grandchildren, and vice

versa.

The power of a father (or mother) to disinherit children by will is absolute. The child can be cut off without even the proverbial shilling. This is not the case in France and other countries where the Roman law has been more closely followed. With us the human law leaves the matter entirely to the regulation of the natural law of affection. But the birth of a child subsequently to the making of a will, and not provided for therein, has the effect of invalidating the same. Where the inheritance has been diverted from the natural heirs by undue influence or fraud, or where the maker of the will lacked testamentary capacity, the remedy is a contest of the probate of the instrument. Deathbed legacies and bequests in favor of religious, charitable and other foundations, which divert a family estate from those equitably entitled, are void. In case of the father's intestacy the patrimony, exclusive of the widow's share, goes to the children in equal parts, irrespective of sex. Where there are no descendants the estate ascends, so to speak, passing to the grandfather and, through him, to collateral relatives in accordance with their varying degrees of consanguinity. A decedent's brothers and sisters stand in the second degree, because they would claim through the common ancestor (their father) and not directly from their brother. Nephews and nieces are consanguine to their uncle or aunt in the third degree, and cousins german stand in the fourth degree toward each other. The lifelong tutelage of

women to the father or other males of the family in which they were born, abolished in the later days of the Roman Empire, was revived in an accentuated form by the barbarian conquerors. There was superadded the theory of the merger of the wife's personality in that of her husband; and many centuries had to elapse before equity and, later on, the statute law delivered women from their condition of legal nonentity—but even the Married Women's Property Acts have left traces of the former disabilities of wives. When a woman becomes the head of a family in consequence of the death of her husband she succeeds to the powers and, also, the obligations of the paterfamilias. A few judicial definitions of the term "family" may not be without interest. Under the Homestead and Exemption laws, it has been held that the term "family" includes a household composed of parents and children or other relatives, or domestics and servants. But a mere aggregation of persons residing in the same house does not constitute a family; there must be an obligation on the part of the head of the house to support the others, or some of them, and a corresponding state of dependence on the part of those supported. Where a death benefit is payable to the "family," the word means next of kin or those entitled to inherit in the case of intestacy. It was a principle of the common law that a family, in its collective capacity, could not inherit, and a bequest to a "family" was void for uncertainty. A different rule prevails in equity, and a bequest by a father in trust for the benefit of his children and their families was declared to be in favor of the testator's sons and daughters and the latter's children, so long as they live together as members of their parents' households, or from their tender years are entitled to support. Generally speaking the term "family" in a bequest includes the testator's wife and children; but where the will is made by a wife the husband is not considered a member of her family, because he is neither next of kin nor heir to his wife.

STEPHEN PFEIL. FAMILY PROTECTION. See INSURANCE, FRATERNAL,

FAMINE, a dire want of food affecting considerable numbers of people at the same time. Irregular rainfalls in tropical climates, imperfect methods of irrigation, or the too exclusive dependence of the mass of the people on a single article of food which happens to fail, are among the commonest causes of famines. In the early and medieval ages they were frequent. The year 879 was one of universal suffering from lack of food. The famine of 1125 diminished the population of Germany one-half. All through the Middle Ages public opinion upheld the city authorities in driving out of the gates the neediest inhabitants and letting them perish. In a famine which devastated Hungary in 1505 parents who killed and ate their children were not punished. It was after a famine of 1586 that the poor law in England had its beginning. As late as the middle of the 17th century famines were a common affliction in Europe and even in the 18th century they still occurred. The last time a period of bad harvests was designated as a famine in Germany was in 1817. The rapidity of modern communication and transport has made severe

famine almost impossible in western or central Europe or North America. In Ireland, famines more or less serious have at various times prevailed owing to failure of the potato crop. In 1846 the dearth was so great that £10,000,000 sterling were voted by Parliament for relief of the sufferers. India has long been subject to great famines, and the government's budget makes annual provision against such need. Under the rule of the English, the population has greatly increased, and as the majority of people live from hand to mouth in ordinary times, the slightest failure in the rice crop causes the famine point to be immediately reached. In 1769-70 as many as 3,000,000 perished; in 1865-66 about 1,500,000, and in 1877 about 500,000. The authorities grappled very successfully with the famines of 1896-97 and 1899-1901 which extended over large areas, yet there was great loss of life. The recent famine in India cost the government in 1900-01 $250,000,000, of which amount $50,000,000 was expended in direct relief. Much help was sent from other countries, including very large contributions from the United States. In 1870-72 Persia lost 1,500,000 inhabitants, a quarter of the whole population. In China 9,500,000 are said to have perished in 1877-78 from famine. In the northern provinces of Shensi, Shansi and Honan, with a population of 56,000,000, during the years following 1877 it was reckoned that between 4,000,000 and 6,000,000 people perished, and famine visited the empire in 1903. In the famine of 1891-92 in Russia it was estimated that in 18 provinces 27,000,000 of inhabitants were affected. Although many of the causes of famine are beyond human control, it is probable that the extension of sound agricultural knowledge and the adoption of a more rational system as regards the kinds and quantities of crops grown will in the future render famine almost unknown in most countries.

FAMINE FEVER. See RELAPSING Fever. FAMINTZIN, fa-min'tsën, Andrei Sergeyevitch, Russian botanist: b. Sokolniki, 1835. He was educated at the University of Saint Petersburg. In 1872 he was appointed to the chair of botany at his alma mater. He made important investigations regarding the development of seed-plant embryos in which field he was a pioneer. He published 'Embryologische Studien (1879); Studies of Crystals and Crystallite (1884); Uebersicht über die Leistungen auf dem Gebiet der Botanik in Russland' (1894), also articles issued in publications of the Saint Petersburg Academy.

FAMOUS PAINTINGS. See PAINTINGS OF THE GREAT MASTERS.

FAN-CHENG, fän-cheng', China, city in the province of Hu-peh, on the Hankiang, 380 miles west of Nanking. It is located on one of the principal trade routes between the northern and southern provinces of China. Pop. 100,000.

FAN CORAL, the spreading fan-like growths of corals of the family Gorgonida. The coral stock is here horny or calcareous and takes a bushy growth, or frequently spreads from its base into a flat network, making a "sea-fan." In this coral the short calicles of the single tractile polyps stand perpendicularly to the axis, in which run communicating canals.

These alcyonarians are numerous not only in the tropics, one beautiful red or yellow species (Rhipidogorgia flabellum) flourishing along the coast of Florida, but also in the deep cold waters of the north Atlantic.

FAN CRICKET, a British name for the mole-cricket.

FAN PALM, a name common to all those palms which have fan-shaped (flabellate) leaves, but more particularly applied to those of the genus Chamarops, of which a common species in the Mediterranean region is C. humilis. The East Indian "great" fan palms are species of Corypha, one of which is the taliput-palm (C. umbraculifera), whose leaves furnish the "palmleaf fans" of commerce. The West Indian fan palm is Inodes blackburniana.

the

FAN-TRACERY, in architecture, decorative tracery on the surface of fan vaulting. It was used in late pointed work. Fan vaulting or fan-tracery vaulting is a very complicated mode of roofing or vaulting in which the vault is covered with fan-tracery. It is peculiar to English Gothic. There are 25 examples of it, the finest of which are to be seen in King's College, Cambridge, Henry VII's Chapel, Westminster, and Saint George's Chapel, Windsor. Consult Bond, 'English Church Architecture) (1913).

FAN VAULTING.

See VAULTING.
FANARIOTS. See PHANARIOTS.

FANATICISM, excessive zeal; unreasoning enthusiasm in religious matters. In ancient Rome the term fanatics was applied to such as passed their time in temples, and who, pretending to be inspired by the divinity, would burst into wild and frantic gestures, utter pretended prophecies, cut themselves with knives, etc. It has prevailed under different forms in all ages of the world; and one of its most remarkable and dangerous features is the tendency that it has to spread over large masses of people, as well as to favor measures of persecution. By an extension of the term it is also sometimes applied to other forms of extravagant enthusiasm which in their outward manifestation are accompanied with impetuosity and violence. Thus, we speak of political fanaticism, which, in affairs of state, displays itself in a violent and intolerant partisanship. Not unfrequently both kinds of fanaticism are found combined, and to this combination most of the religious wars which have desolated kingdoms are to be ascribed.

FANDANGO, a lively and voluptuous Spanish dance in triple time, said to be derived from the Moors. It is danced by two persons, male and female, and accompanied by the sounds of the guitar. The dancers have castanets which they beat in time to the measure, though sometimes the male dancer beats a tambourine.

FANEUIL, fan'el, or fun'el, Peter, American merchant: b. of a French Huguenot family, New Rochelle, N. Y., 1700; d. Boston, 3 March 1743. The project of erecting a public markethouse in Boston had already been discussed for some years, when in 1740 Faneuil offered, at a public meeting, to build a suitable edifice at his own cost, as a gift to the town; but so strong was the opposition to market-houses

that, although a vote of thanks was passed unanimously, the offer was accepted by a majority of only seven. The building was commenced in Dock Square in September of the same year, and finished in two years. It comprised a market-house on the ground floor, and a town hall with other rooms over it. See FANEUIL HALL.

FANEUIL HALL ("The Cradle of Liberty"), in Dock Square, Boston. There being no public market in Boston in 1740, Peter Faneuil offered to build one and give it to the city. It was finished in 1742-a two-story brick building 100 by 40 containing not only a market in the basement, but rooms for town officers and a public hall for town meetings. It was destroyed by fire 13 Jan. 1761; rebuilt 1763, and in 1775, during the English occupation of Boston, was used for a theatre. It was the meeting place of the patriots during the Revolutionary period, and thus gained for itself the title of "the cradle of American liberty." In 1805 it was doubled in size by adding a third story and moving a side wall back 40 feet, making the great hall (it holds 3,000 people) famous for the speeches of Webster, Choate, Sumner, Wendell Phillips, Everett and others. The building is still used both for hall and market; the former contains some fine paintings, including Healy's 'Webster Replying to Hayne. Consult Brown, 'Faneuil Hall and Market (1901).

FANFANI, Pietro, pē-ā-trō fän-fä'nē, Italian philologist, humorist and novelist: b. Pistoia, Italy, 21 April 1815; d. Florence, 4 March 1879. He founded in 1847 the Philological Record, and afterward edited several other periodicals of a like character. His 'Vocabulary of Tuscan Usage' and other "vocabularies" are works of high authority. The 'Writ at Random,' and the whimsical satire, 'The Laughing Democritus: Literary Recreations, furnish examples of his brimming humor. His novels are Cecco of Ascoli'; 'Paolina'; 'The Coachman and his Family,' etc.

FANFARE, in music, a short passage for trumpets especially used on occasions of state ceremonial. Certain flourishes in opera music are also called fanfares. Also any short, prominent passage of the brass instruments of an orchestra.

FANGWE. See FANS, a tribe.

FANNIN, James W., American soldier: b. Georgia, about 1800; d. Goliad, Tex., 27 March 1836. He removed to Texas in 1834 and in the Texas war of independence raised the "Brazos Volunteers," a company which formed part of the army of General Austin. Receiving orders from General Houston to blow up the fort at Goliad and retire to Victoria he was attacked on the banks of Coleto Creek as he was retreating with women and children and a force of 350 men. The Mexicans were 1,200 strong and after a battle of two days' duration he surrendered. Santa Anna instead of paroling the Americans, in accordance with the promise of General Urrea, gave orders that all, excepting the women and children, should be shot.

FANNING, David, American freebooter: b. Wake County, N. C., about 1756; d. Digby, Nova Scotia, 1825. He was a carpenter by trade, but led a vagabond life. Late in the

Revolutionary War he joined the Tories for the purpose of revenge; gathered a small band of desperadoes like himself, laid waste to whole settlements and committed fearful atrocities. For these services he received a lieutenant's commission from the British commander at Wilmington. At one time he surprised a court in session and captured and carried off judges, lawyers, clients, officers and citizens, and soon afterward seized Governor Burke and his suite. The name of Fanning became a terror to the country, and he was outlawed. At the close of the war he fled to New Brunswick, where he became a member of the legislature.

FANNING, Edmund, American loyalist: b. Long Island, N. Y., 1737; d. London, England, 28 Feb. 1818. He was graduated from Yale in 1757; settled in North Carolina, where he became a member of the legislature, and as recorder for Orange County excited general dislike by his exactions. In 1771 he removed to New York, in 1774 was appointed surveyorgeneral, in 1777 organized the king's American regiment of foot. He was wounded during the Revolutionary War and in 1779 his property was confiscated. He was subsequently (1783– 86) lieutenant-governor of Nova Scotia and was lieutenant-governor of Prince Edward Island 1786-1804. In the English army he rose to the rank of general.

FANNING, John Thomas, American civil and hydraulic engineer: b. Norwich, Conn., 31 Dec. 1837; d. 1911. He was educated in public and normal schools, studied engineering and architecture, and had begun to practise engineering in his native town when the Civil War broke out. He enlisted and attained the rank of lieutenant-colonel. At the close of the war he resumed engineering practice in Norwich and soon began to specialize in hydraulics. During the next 10 years he was engineer for a number of municipal waterworks in New England. In 1877 he published A Treatise on Hydraulic and Water Supply Engineering' which, as the first and for many years the leading American work on that subject, went through many editions and gave the author much prestige. At that time less than 500 cities in the United States had waterworks. He was subsequently employed as consulting engineer for many waterworks plants, municipal and private. In 1885 he made a report on the improvement of water power on the Mississippi River at Minneapolis, Minn., and in the following year he was appointed chief engineer of the Saint Anthony Falls Water-Power Company in that city, where he lived until his death. He prepared a comprehensive plan for the drainage of 3,000 square miles of the hardwheat land in the valley of the Red River of the North; was consulting engineer for many large water-power projects, among which were early plants on the Missouri River, at Great Falls and Helena, Mont., and on the Spokane River at Spokane, Wash., and was also associated as consulting engineer with several of the leading railroad companies of the West. He was for 38 years a member, and in 1910-11 a vice-president of the American Society of Civil Engineers and contributed largely to its Transactions, but as a writer he is best known for the pioneer American treatise already mentioned.