FALLOW CHAT-FALMOUTH.

wheat, and barley, each field is subjected to a process of fallowing once in every six, seven, or eight years, according to circumstances.

Fallow-fields usually receive a deep furrow in autumn. Lying exposed through the winter, the frost pulverises the surface. In spring, when the weather becomes dry, the cultivator or the plough opens up the soil, and the process of extirpating the weeds goes on. Sometimes as many as three or four furrows are given in summer before the seed is sown in autumn. In old cultivated countries, land is commonly so much reduced in its organic matter, that fallows receive dressings of farm-yard manure, rape-dust, or guano, to obtain fertility.

Since the general introduction of green crops, the term fallow has departed in some measure from its original meaning. These crops are sown on what was formerly the fallow-break, and are now often styled fallow-crops. The land, no doubt, receives in some measure a fallowing, as the green crops are cultivated by the plough during their growth. Bastard-fallowing is a term which is used in Scotland when hay-stubble is ploughed up in the end of summer, freed from weeds, and sown with wheat in autumn.

Where no express stipulation on the subject has been introduced into the lease, it has been held in Scotland, that, as the outgoing tenant might have taken a crop from the land, which, in accordance with the most approved principles of agriculture, he ought to leave fallow, and as the incoming tenant reaps the advantage in case of his abstaining from doing so, he is entitled to claim its value (Purves, December 3, 1822. See Bell's Principles, s. 1263). This decision,' says Mr Hunter (Landlord and Tenant, ii. p. 458), 'has been deemed to have fixed the law.' In conformity with the same principle, it has been ruled, that if the outgoing tenant received prepared fallow, the like should be left by him. A tenant who, on entering to his farm, had received a certain extent of fallow, prepared with manure, free of expense, was held bound to leave the same amount of fallow and manure as he had received, and to be entitled to claim payment only for the surplus (Brown v. College of St Andrews, 11th July 1851). But where a portion of land has been expressly reserved in the lease for fallow and green crop, for which the tenant was to receive merely a certain sum per acre for ploughing, the rights of the parties are settled by the contract, and the tenant can claim no additional sum for fallow (Sheriff v. Lord Lovat, 13th December 1854).

FALLOW CHAT. See WHEATEAR.

Fallow Deer (Cervus Dama).

and finer hair. In colour, it is generally yellowishbrown in summer; darker, or even blackish-brown in winter; more or less spotted with pale spots, particularly in summer and when young; but in one variety the spots are very marked; in another dark-coloured variety they are not to be observed even in the young. The buttocks are always white, and a dark line passes along the back. The under parts are white. White F. D. are sometimes to be seen. The female has no horns. The male is called a BUCK (Fr. daim), the female a DOE (Fr. daime), the young a FAWN (Fr. faon). The name F. D. is derived from its colour. See the article FALLOW, in Agriculture.

When the F. D. and red deer are kept in the same park, the herds seldom mingle, nor do hybrids occur. The F. D. loves the shelter of woods.

The flesh of the F. D. is one of the most esteemed kinds of venison.

The remains of fossil species nearly allied to the F. D. occur in some parts of Europe. Not remotely allied to it is the great fossil Irish Elk (q. v.).

FALMOUTH, a parliamentary and municipal borough and seaport in the south-west of Cornwall, on a west branch of the estuary of the Fal, 14 miles north-north-east of Lizard Point, and 269 miles west-south-west of London. It chiefly consists of a narrow street, a mile long, on the south-west of the FALLOW DEER (Dama vulgaris or Cervus harbour, and of beautiful suburban terraces and Dama), a species of deer well known in Britain, villas on the heights behind. The harbour, one of being very commonly kept in parks, as it is also in the best in England, is formed by the estuary of the most parts of Europe. It is probably a native of Fal, which is 5 by 1 to 2 miles in extent. It is 12 to the countries around the Mediterranean, and has 18 fathoms deep, and affords shelter to 500 vessels been introduced by man into the more northern at a time. The mouth is defended on the west parts of Europe, where it is, however, now in some by Pendennis Castle, situated on a rock 198 feet places to be found wild in forests. It is doubted high, and which resisted a siege by Cromwell for whether it has not been introduced by man, at a six months; on the east, by Mawes Castle, both remote period, from the North of Africa even into built by Henry VIII. Pop. (1861) 5706. With the south of Europe, in all parts of which it is Penrhyn, it returns two members to parliament. now at least completely naturalised. How far its In 1860, 1293 vessels, of 121,971 tons, entered and geographic range extends eastward, is not very cleared the port. There is a great pilchard-fishery certainly known. It is represented in the sculp-off the neighbouring coasts. The chief exports are tures of Nineveh. Its introduction into Britain is tin, copper, pilchards, and fuel. Here orange ar ascribed to James VI. of Scotland, who is said lemon trees yield plenty of fruit on open garden to have brought it from Norway when he brought walls. F. arose in the middle of the 17th c., Sir home his queen, Anne of Denmark, and after his Walter Raleigh having at an earlier period drawn accession to the Eng.ish throne, to have transported public notice to its capabilities, and it has been, it to Enfield and Epping. Thousands of F. D. since that time, a chief rendezvous for fleets and now exist in some of the English parks. They mail-packets proceeding to foreign countries.

FALSE, RULE OF-FALSE PRETENCES.

FALSE, RULE OF, or FALSE POSITION, is a false news to make a discord between the sovereigo mode of reckoning in cases where a direct solution and nobility, is a misdemeanour, and punishable by of the question is impracticable. Any number is the common law of England with fine and imprisonchosen at hazard, as that which is sought; this false ment. By statute of Westminster the first, c. 34, position of course gives a false result, and from the this penalty is confirmed. This statute is said by amount of the error, it is ascertained by proportion Lord Coke to have been passed in consequence of what the assumption ought to have been. Ex. the rebellion of Simon de Montfort (Coke, Inst. ii. What number is that whose half exceeds its third 226). The law before the Conquest had been more by 12? Assume 96 at random; 48 32 gives 16, severe, and required that the author and spreader of which is too great; .. 16: 12 :: 96: 72, the number false rumours should have his tongue cut out, if he required. This method is now mostly superseded redeemed it not by estimation of his head (or capiby the use of equations. tation tax). One of the articles against Cardinal FALSE AND PRETENDED PROPHECIES, Wolsey was founded on this principle of common with intent to disturb the public peace, are punish-voured himself by crafty and untrue tales against law. Also the said cardinal has busied and endeaable by several old statutes. By 33 Henry VIII. c. 14, this crime is made a felony; but by 3 and 4 Ed. VI. c. 15, continued by 7 Ed. VI. c. 11, and by 5 Eliz. c. 15, the punishment is restricted to one year's imprisonment, and forfeiture of £10 for the first offence; and for the second offence, imprisonment for life, and forfeiture of all chattels. These statutes apply to a particular class of prophecies viz., prophecies upon or by the occasion of any arms, fields, beasts, badges, or such other like things accustomed in arms, cognizances, or signets; or upon or by reason of any time, year, or day, bloodshed, or war, to the intent to make rebellion, &c.' This description refers to predictions founded upon the heraldic bearings of particular families, which, in the state of public feeling at the time when the statutes were passed, might have been productive of discontent and sedition. The statutes are unrepealed, but are not likely in the present day again to be put in force.

6

FALSE BAY, an inlet which may be referred either to the Atlantic, the Southern, or the Indian Ocean. It washes the east side of the mountainous district of South Africa, which terminates in the Cape of Good Hope, and extends eastward along the coast as far as False Cape, measuring about 22 miles in length, and about the same in breadth. F. B. is, of course, sheltered from the north-west monsoon, to which Table Bay-the harbour of Cape Town-is exposed, an advantage which is more especially possessed by Simon's Bay, at its north-west extremity. Hence, besides periodically receiving trading-vessels from Cape Town for temporary protection, it is permanently the station of the naval force of the colony.

FALSE IMPRISONMENT. Every confinement of the person is an imprisonment, whether it be in a common prison or a private house, or in the stocks, or even by forcibly detaining one in the public streets (Coke, Inst. ii. 482). A man is liable for detaining the person of another, not only without cause, but without legal cause. Thus, where a man gives another in charge for committing an offence, the former is liable to an action for false imprisonment, if he fails to substantiate his case. Police officers, also, are liable for apprehending a man without a competent warrant, or without reasonable suspicion. But where a felony has been committed, an officer is entitled to arrest on suspicion. Not only constables but private persons may arrest a man who commits a felony in their presence. A person who has falsely imprisoned another is liable to a criminal prosecution, and also to a civil action. In the former case, he may be punished by fine and imprisonment; in the latter, he must pay such damages as are awarded. Any one detained without sufficient cause is entitled to apply for a writ of Habeas Corpus (q. v.) to procure his liberation. In Scotland, this species of offence is called Wrongous Imprisonment (q. v.).

FALSE NEWS or RUMOURS.

Spreading

your nobles of your realm.'-Coke, Inst. iv. 92. The feeling of the present day is more in accordance with the axiom of Tacitus, Convicia, si irasceris, tua divulgas, spreta ercolescunt (If you seek to revenge slanders, you publish them as your own; if you despise them, they vanish).

FALSE PRETENCES, Obtaining Money By. By the common law of England, a man is not punishable as a criminal who has induced another, by fraudulent representations, to part with the property of money or goods, unless the loss occasioned by the deception be of a public nature. Larceny or theft was the only species of wrongful abstraction of articles of value which was recognised, and where the consent of the owner to the transaction was obtained, no matter how fraudulently, the loser was left to a civil action for his relief. To remedy this defect in the law, the 33 Henry VIII. c. I was passed, whereby it was enacted, that if any person should falsely and deceitfully obtain any money, goods, &c., by means of any false token or counter offender should suffer any punishment short of feit letter made in any other man's name, the death, at the discretion of the judge. This statute, however, only reached the case of deception by use of a false writing or token; the 30 Geo. II. c. 24 all false pretences whatsoever. Further alterations was therefore passed for the purpose of including were made by subsequent statutes, until, by 7 and 8 Geo. IV. c. 29, the previous legislation on the statute in regard to false pretences. The general subject was consolidated. This is now the ruling principle is that, wherever a person fraudulently represents as an existing fact that which is not an existing fact, and so gets money, &c., that is an offence within the act (Reg. v. Woolley, i. Den. C. C. 559). The false pretence must relate to some present fact, and therefore a promise merely to do some act is not such a false representation as will sustain a conviction. It is not Lecessary that the deception should be by words or writing, but any act tending to deceive, will bring a person within the statute. Thus, a man at Oxford wearing a cap and gown, in order to induce a tradesman, of whom he ordered goods, to believe that he was a member of the university, is sufficient to warrant a conviction. The deception practised, however, must not be simply as to the quality of an article, for this is regarded as merely a dishonest trick of trade, and not criminally punishable; it is also necessary that the owner should be deceived by the pretence; and where a tradesman is induced to part with goods to a regular customer, making a false statement, not on account of the statement, but from his belief in the credit of the party, the transaction is not punishable under the act. By 24, 25 Vict. c. 96, ss. 88-90, it is enacted that it shall be no bar to a conviction that the crime, on being proved, amounts to larceny and that it shall not be necessary to prove an intent to defraud any particular person; that the delivery of money, &c., to another person, for the benefit of

FALSE RETURN-FALUN.

FALUNS-FAMILIAR SPIRITS.

The readers of Goethe, too, will remember that FAMILIAR SPIRITS, a term employed to Mephistopheles first appears to Faust and Wagner denote certain supernatural beings, in attendance during their evening walk in this shape; but, in upon magicians, wizards, witches, conjurors, and truth, the earliest instances of such transmigration other skilful professors of the black art. The are much older at least, if medieval tradition can word 'familiar' is in all likelihood derived from be credited, for it assures us that Simon Magus and the Latin famulus (a domestic,' a 'slave'). The other ancient magicians had familiar spirits who belief in such spirits goes far back into the history attended them in the form of dogs. Curiously We read of them in the time of Moses, enough, in spite of the servitude to which the who admonishes his countrymen to regard not attendant imps were reduced by the potent spells them that have familiar spirits' (Lev. xix. 31), which of the magicians, they were popularly supposed, would imply the prevalence of the superstition during the middle ages, to have their revenge at last, among the Egyptians. The word in the original by carrying with them into eternal torment the rendered 'familiar spirits' is oboth; it is of frequent occurrence in the Hebrew Scriptures, and literally signifies leathern bottles;' thereby indicating the antiquity of the idea, that magicians were wont to imprison in bottles the spirits whom their spells had subdued (whence our bottle-imps' and 'bottle

FAMILIARS-FAN.

pervades eastern nations generally, though it is to be noticed that the latter are often represented as using their power malignantly. See MAGIC.

FAMILIARS. See INQUISITION.

FA'MILY (Lat. familia). Though we are in the habit of regarding the life of antiquity, and more particularly that of Greece, as less domestic than that of Christian Europe (and probably with reason), the idea of the family or house (Gr. oikós), as the nucleus of society, as the political unit, was there very early developed. Aristotle speaks of it as the foundation of the state, and quotes Hesiod to the effect that the original family consisted of the wife and the labouring ox, which held, as he says, to the poor the position of the slave (Polit. i. 1). The complete Greek family then consisted of the man and his wife and his slave; the two latter, Aristotle says, never having been confounded in the same class by the Greeks, as by the barbarians (lb.). In this form, the family was recognised as the model of the monarchy, the earliest, as well as the simplest, form of government. When, by the birth and growth of children, and the death of the father, the original family is broken up into several, the heads of which stand to each other in a co-ordinate rather than a strictly subordinate position, we have in these the prototypes of the more advanced forms of government. Each brother, by becoming the head of a separate family, becomes a member of an aristocracy, or the embodiment of a portion of the sovereign power, as it exists in the separate elements of which a constitutional or a democratic government is composed.

nected with domestic life. The formal bond of the family is Marriage (q. v.; see also POLYGAMY); and an essential condition of its right development seems to be a distinct abode, which shall be not a mere shelter, but a house or home, affording a certain measure of comfort and decency, according to the standard prevalent in the community. See Genius and Design of the Domestic Constitution, by Rev. Christopher Anderson (Edin. 1826).

FAMILY OF LOVE. See AGAPEMONE.

FA'MINE, PORT, an abortive settlement of Spain, on the northern side of the Strait of Magellan, is situated in lat. 53° 38′ S., and long. 70 58 W. It owes its name to the death, by starvation, of the Spanish garrison; and it is said to be now a penal colony of the republic of Chili. Some voyagers, however, have spoken of the neighbourhood as 'covered with flowers,' and 'decorated with luxu riance,' and capable of being made, so far as soil is concerned, one of the finest regions in the world.'

FAN, an instrument or mechanical contrivance for moving the air for the sake of coolness, or for winnowing chaff from grain. In the East, the use of fans is of remote antiquity. The Hebrews, Egyp tians, Chinese, and the miscellaneous population of India, all used fans as far back as history reaches. At the present day, it is customary, in the better classes of houses in India, to suspend a large species of fan from the ceiling, and keep it in agitation with strings, pulled by servants, in order to give a degree of coolness to the air. See PUNKAH. Among the oldest notices of winnowing fans are those in the Scriptures. There the fan is always spoken of But at Rome the idea of the family was still more as an instrument for driving away chaff, or for closely entwined with that of life in the state, and cleansing in a metaphorical sense; and such notices the natural power of the father was taken as the remind us of the simple processes of husbandry basis not only of the whole political, but of the whole employed by a people little advanced in the arts. social organisation of the people. In its more It was a long stride from the use of a simple special aspects, the Roman idea of the family will be hand-instrument for winnowing to that of the explained under PATRIA POTESTAS. Here it will be modern mechanism employed for a similar purpose. sufficient to state that with the Romans, as with the See FANNERS. Greeks, it included the slave as well as the wife, and ultimately the children; a fact which indeed is indicated by the etymology of the word, which belongs to the same root as famulus, a slave. In its widest sense, the familia included even the inanimate possessions of the citizen, who, as the head of a house, was his own master (sui juris); and Gaius (ii. 102) uses it as synonymous with patrimonium. In general, however, it was confined to persons the wife, children, grandchildren, and great-grandchildren, if such there were, and slaves of a fullblown Roman citizen. Sometimes, too, it signified all those who had sprung from a common stock, and would have been members of the family, and under the potestas of a common ancestor, had he been alive. See COGNATI. In this sense, of course, the slaves belonging to the different members of the family were not included in it. It was a family, in short, in the sense in which we speak of the royal family,' &c., with this difference, that it was possible for an individual to quit it, and to pass into another by adoption. See ADOPTIO. Sometimes, again, the word was used with reference to slaves exclusively, and, analogically, to a sect of philosophers, or a body of gladiators. See Smith's Dictionary of Greek and Roman Antiquities.

The whole social fabric is based on the grouping of human beings in families; an arrangement which is in harmony with all the conditions and wants of human life, and which tends to foster those habits and affections that are essential to the welfare of mankind. A prosperous community must be an aggregate of happy families; there being little true happiness in the world that is not intimately con

As is observable from the collection of Egyptian antiquities in the British Museum, the fan as an article of female taste and luxury is of quite as old date as the instrument is for commoner pur poses. Terence, a writer of Latin comedies, who lived in the 2d c. B. C., makes one of his characters speak of the fan as used by ladies in ancient Rome: Cape hoc flabellum, et ventulum huic facito Take this fan, and give her thus a little air.' From this Roman origin, the fashion of carrying fans could scarcely fail to be handed down to the ladies of Italy, Spain, and France, whence it was in advanced times imported by the fair of Great Britain. Queen Elizabeth, when in full dress, carried a fan. Shakspeare speaks of fans as connected with a lady's 'bravery' or finery :

With scarfs and fans, and double charge of bravery. It is proper to say, however, that the fan was in these and also in later times not a mere article of finery. There were walking as well as dress fans. The walking or outdoor fan which a lady carried with her to church, or to public promenades, was of large dimensions, sufficient to screen the face from the sun, and answered the purpose of the modern Parasol (q. v.). In old prints, ladies are seen carry ing these fans in different attitudes according to fancy. The dress fan, which formed part of a lady's equipment at court ceremonies, drums, routs, and theatrical entertainments, was of a size considerably less than the walking fan, and altogether more elegant. Of these dress fans there exist numerous specimens bequeathed as heirlooms from one generation to another; indeed, there are few ladies who