KFLCC Kingdom Law 2nd Ed.

PACTS CANNOT LIB

477

FAGGOT

Facultas probationum non est angus tanda. The power of proofs [right of offer ing or giving testimony] is not to be nar rowed. 4 Inst 279. FACULTIES. In the law of divorce. The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent including not only his tangible property, but also his income and his ability to earn money. 2 Bish. Mar. & Div. § 446; Lovett v. Lovett-11 Ala. 763; Wright v. Wright, 3 Tex. 168. FACULTIES, COURT OF. In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places, and modes of burial. It has also various powers under 25 Hen. VIII. c. 21, in granting li censes of different descriptions, as a license to marry, a faculty to erect an organ in a parish church, to level a church-yard, to re move bodies previously buried. 4 Inst. 337. FACULTY. In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indul gence to do that which *by law he may not do; e. g., to marry without banns, to erect a monument in a church, etc. Termes de la Ley. In Scotch law. A power founded on consent as distinguished from a power founded on property. 2 Karnes, Eq. 265. FACULTY OF A COLLEGE. The corps of professors, instructors, tutors, and lec turers. To be distinguished from the board of trustees, who constitute the corporation. FACULTY OF ADVOCATES. The col lege or society of advocates in Scotland. FADERFIUM. In old English law. A marriage gift coming from the father or brother of the bride. FJEDER-FEOH. In old English law. The portion brought by a wife to her hus band, and which reverted to a widow, in case the heir of her deceased husband refused his consent to her second marriage; i. e., it re verted to her family in case she returned to them. Wharton. Approved men who were strong-armed; habentes homines or rich men, men of substance; pledges or bonds men, who, by Saxon custom, were bound to answer for each other's good behavior. Cow ell; Du Cange. FAGGOT. A badge worn in popish times by persons who had recanted and abjured what was then adjudged to be heresy, as an emblem of what they had merited. Coweil. F.3B STING-MEN.

ed from the prices of goods bought in the mar ket after they have passed into the hands of third persons or shop-keepers. Whipple v. Lev el*, 2 Mason, 90, Fed. Cas. No. 17,518. Facts cannot lie. 18 How. State Tr. 1187; 17 How. State Tr. 1430. FACTUM. Lat In old English law. A deed; a person's act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract, fol. 16. In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un 1 derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the Baid will is contained. Weatherhead v. Bask erville, 11 How. 354, 13 L. Ed. 717. In the civil law. Fact; a fact; a mat ter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3. In French law. A memoir which con tains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refu tation of the means of the adverse party. Vicat v In old European law. A portion or al lotment of land. Spelman. —Factum juridioum. A juridical fact. De notes one of the factors or elements constitut ing an obligation.— Factum probandnm. Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Bv. § 13. —Factum probans. A probative or evidenti ary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence. Factum a judice quod ad ejus officium non spectat non ratum est. An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76, Factum cuique suum non adversario, nocere debet. Dig. 50, 17, 155. A party's own act should prejudice himself, not his ad versary. Factum inf ectum fieri nequit. A thing done cannot be undone. 1 Karnes, Eq. 96, 259. Factum negantis nulla probatio sit. Cod. 4, 19, 23. There is no proof incumbent upon him who denies a fact "Factum" non dicitur quod non per severat. 5 Coke, 96. That is not called a "deed" which does not continue operative. Factum unius alter! noceri non debet. Co. Ldtt. 152. The deed of one should not hurt another.