Chapter XII: Part 12

From the date of his joining the "Beagle" in 1828 he had paid very great attention to the different phenomena foreboding or accompanying change of weather, and his narratives of the voyages of the "Adventure" and "Beagle" are full of interesting and valuable details concerning these. Accordingly, when in 1854 Lord Wrottesley, the president of the Royal Society, was asked by the Board of Trade to recommend a chief for its newly forming meteorological department, he, almost without hesitation, nominated Fitzroy, whose name and career became from that time identified with the progress of practical meteorology. His _Weather Book_, published in 1863, embodies in broad outline his views, far in advance of those then generally held; and in spite of the rapid march of modern science, it is still worthy of careful attention and exact study. His storm warnings, in their origin, indeed, liable to a charge of empiricism, were gradually developed on a more scientific basis, and gave a high percentage of correct results. They were continued for eighteen months after his death by the assistants he had trained, and though stopped when the department was transferred to the management of a committee of the Royal Society, they were resumed a few months afterwards; and under the successive direction of Dr R.H. Scott and Dr W.N. Shaw, have been developed into what we now know them. But though it is perhaps by these storm warnings that Fitzroy's name has been most generally known, seafaring men owe him a deeper debt of gratitude, not only for his labours in reducing to a more practical form the somewhat complicated wind charts of Captain Maury, but also for his great exertions in connexion with the life-boat association. Into this work, in its many ramifications, he threw himself with the energy of an excitable temperament, already strained by his long and anxious service in the Straits of Magellan. His last years were fully and to an excessive degree occupied by it; his health, both of body and mind, threatened to give way; but he refused to take the rest that was prescribed. In a fit of mental aberration he put an end to his existence on the 30th of April 1865.

Besides his works already named mention may be made of _Remarks on New
Zealand_ (1846); _Sailing Directions for South America_ (1848); his
official reports to the Board of Trade (1857-1865); and occasional
papers in the journal of the Royal Geographical Society and of the
Royal United Service Institution. (J. K. L.)

FITZROY, a city of Bourke county, Victoria, Australia, 2 m. by rail N.E. of and suburban to Melbourne. Pop. (1901) 31,610. It is a prosperous manufacturing town, well served with tramways and containing many fine residences.

FITZ STEPHEN, ROBERT (fl. 1150), son of Nesta, a Welsh princess and former mistress of Henry I., by Stephen, constable of Cardigan, whom Robert succeeded in that office, took service with Dermot of Leinster when that king visited England (1167), In 1169 Robert led the vanguard of Dermot's Anglo-Welsh auxiliaries to Ireland, and captured Wexford, which he was then allowed to hold jointly with Maurice Fitz Gerald. Taken prisoner by the Irish in 1171, he was by them surrendered to Henry II., who appointed him lieutenant of the justiciar of Ireland, Hugh de Lacy. Robert rendered good service in the troubles of 1173, and was rewarded by receiving, jointly with Miles Cogan, a grant of Cork (1177). He had difficulty in maintaining his position and was nearly overwhelmed by a rising of Desmond in 1182. The date of his death is uncertain.

FITZ STEPHEN, WILLIAM (d. c. 1190), biographer of Thomas Becket and royal justice, was a Londoner by origin. He entered Becket's service at some date between 1154 and 1162. The chancellor employed Fitz Stephen in legal work, made him sub-deacon of his chapel and treated him as a confidant. Fitz Stephen appeared with Becket at the council of Northampton (1164) when the disgrace of the archbishop was published to the world; but he did not follow Becket into exile. He joined Becket's household again in 1170, and was a spectator of the tragedy in Canterbury cathedral. To his pen we owe the most valuable among the extant biographies of his patron. Though he writes as a partisan he gives a precise account of the differences between Becket and the king. This biography contains a description of London which is our chief authority for the social life of the city in the 12th century. Despite his connexion with Becket, William subsequently obtained substantial preferment from the king. He was sheriff of Gloucestershire from 1171 to 1190, and a royal justice in the years 1176-1180 and 1189-1190.

See his "Vita S. Thomae" in J.C. Robertson's _Materials for the
History of Thomas Becket_, vol. iii. (Rolls series, 1877). Sir T.D.
Hardy, in his _Catalogue of Materials_, ii. 330 (Rolls series, 1865),
discusses the manuscripts of this biography and its value. W.H.
Hutton, _St Thomas of Canterbury_, pp. 272-274 (1889), gives an
account of the author. (H. W. C. D.)

FITZ THEDMAR, ARNOLD (d. 1274), London chronicler and merchant, was born in London on the 9th of August 1201. Both his parents were of German extraction. The family of his mother migrated to England from Cologne in the reign of Henry II.; his father, Thedmar by name, was a citizen of Bremen who had been attracted to London by the privileges which the Plantagenets conferred upon the Teutonic Hanse. Arnold succeeded in time to his father's wealth and position. He held an honourable position among the Hanse traders, and became their "alderman." He was also, as he tells us himself, alderman of a London ward and an active partisan in municipal politics. In the Barons' War he took the royal side against the populace and the mayor Thomas Fitz Thomas. The popular party planned, in 1265, to try him for his life before the folk-moot, but he was saved by the news of the battle of Evesham which arrived on the very day appointed for the trial. Even after the king's triumph Arnold suffered from the malice of his enemies, who contrived that he should be unfairly assessed for the tallages imposed upon the city. He appealed for help to Henry III., and again to Edward I., with the result that his liability was diminished. In 1270 he was one of the four citizens to whose keeping the muniments of the city were entrusted. To this circumstance we probably owe the compilation of his chronicle. _Chronica Maiorum et Vicecomitum_, which begins at the year 1188 and is continued to 1274. From 1239 onwards this work is a mine of curious information. Though municipal in its outlook, it is valuable for the general history of the kingdom, owing to the important part which London played in the agitation against the misrule of Henry III. We have the king's word for the fact that Arnold was a consistent royalist; but this is apparent from the whole tenor of the chronicle. Arnold was by no means blind to the faults of Henry's government, but preferred an autocracy to the mob-rule which Simon de Montfort countenanced in London. Arnold died in 1274; the last fact recorded of him is that, in this year, he joined in a successful appeal to the king against the illegal grants which had been made by the mayor, Walter Hervey.

The _Chronica Maiorum et Vicecomitum_, with the other contents of
Arnold's common-place book, were edited for the Camden Society by T.
Stapleton (1846), under the title _Liber de Antiquis Legibus_. Our
knowledge of Arnold's life comes from the _Chronica_ and his own
biographical notes. Extracts, with valuable notes, are edited in G.H.
Pertz's _Mon. Germaniae historica, Scriptores_, vol. xxviii. See also
J.M. Lappenberg's _Urkundliche Geschichte des Hansischen Stahlhofes zu
London_ (Hamburg, 1851). (H. W. C. D)

FITZWALTER, ROBERT (d. 1235), leader of the baronial opposition against King John of England, belonged to the official aristocracy created by Henry I. and Henry II. He served John in the Norman wars, and was taken prisoner by Philip of France, and forced to pay a heavy ransom. He was implicated in the baronial conspiracy of 1212. According to his own statement the king had attempted to seduce his eldest daughter; but Robert's account of his grievances varied from time to time. The truth seems to be that he was irritated by the suspicion with which John regarded the new baronage. Fitzwalter escaped a trial by flying to France. He was outlawed, but returned under a special amnesty after John's reconciliation with the pope. He continued, however, to take the lead in the baronial agitation against the king, and upon the outbreak of hostilities was elected "marshal of the army of God and Holy Church" (1215). To his influence in London it was due that his party obtained the support of the city and used it as their base of operations. The famous clause of Magna Carta (S 39) prohibiting sentences of exile, except as the result of a lawful trial, refers more particularly to his case. He was one of the twenty-five appointed to enforce the promises of Magna Carta; and his aggressive attitude was one of the causes which contributed to the recrudescence of civil war (1215). His incompetent leadership made it necessary for the rebels to invoke the help of France. He was one of the envoys who invited Louis to England, and was the first of the barons to do homage when the prince entered London. Though slighted by the French as a traitor to his natural lord, he served Louis with fidelity until captured at the battle of Lincoln (May 1217). Released on the conclusion of peace he joined the Damietta crusade of 1219, but returned at an early date to make his peace with the regency. The remainder of his career was uneventful; he died peacefully in 1235.

See the list of chronicles for the reign of John. The _Histoire des
ducs de Normandie et des rois d'Angleterre_ (ed. F. Michel, Paris,
1840) gives the fullest account of his quarrel with the king. Miss K.
Norgate's _John Lackland_ (1902), W. McKechnie's _Magna Carta_ (1905),
and Stubbs's _Constitutional History_, vol. i. ch. xii. (1897), should
also be consulted.

FITZWILLIAM, SIR WILLIAM (1526-1599), lord deputy of Ireland, was the eldest son of Sir William Fitzwilliam (d. 1576) of Milton, Northamptonshire, where he was born, and grandson of another Sir William Fitzwilliam (d. 1534), alderman and sheriff of London, who was also treasurer and chamberlain to Cardinal Wolsey, and who purchased Milton in 1506. On his mother's side Fitzwilliam was related to John Russell, 1st earl of Bedford, a circumstance to which he owed his introduction to Edward VI. In 1559 he became vice-treasurer of Ireland and a member of the Irish House of Commons; and between this date and 1571 he was (during the absences of Thomas Radclyffe, earl of Sussex, and of his successor, Sir Henry Sidney) five times lord justice of Ireland. In 1571 Fitzwilliam himself was appointed lord deputy, but like Elizabeth's other servants he received little or no money, and his period of government was marked by continuous penury and its attendant evils, inefficiency, mutiny and general lawlessness. Moreover, the deputy quarrelled with the lord president of Connaught, Sir Edward Fitton (1527-1579), but he compelled the earl of Desmond to submit in 1574. He disliked the expedition of Walter Devereux, earl of Essex; he had a further quarrel with Fitton, and after a serious illness he was allowed to resign his office. Returning to England in 1575 he was governor of Fotheringhay Castle at the time of Mary Stuart's execution. In 1588 Fitzwilliam was again in Ireland as lord deputy, and although old and ill he displayed great activity in leading expeditions, and found time to quarrel with Sir Richard Bingham (1528-1599), the new president of Connaught. In 1594 he finally left Ireland, and five years later he died at Milton. From Fitzwilliam, whose wife was Anne, daughter of Sir William Sidney, were descended the barons and earls Fitzwilliam.

See R. Bagwell, _Ireland under the Tudors_, vol. ii. (1885).

FITZWILLIAM, WILLIAM WENTWORTH FITZWILLIAM, 2ND EARL (1748-1833), English statesman, was the son of the 1st earl (peerage of the United Kingdom), who died in 1756. The English family of Fitzwilliam claimed descent from a natural son of William the Conqueror, and among its earlier members were a Sir William Fitzwilliam (1460-1534), sheriff of London, who in 1506 acquired the family seat of Milton Manor in Northamptonshire, and his grandson Sir William Fitzwilliam (see above). The latter's grandson was made an Irish baron in 1620; and in later generations the Irish titles of Viscount Milton and Earl Fitzwilliam (1716) and the English titles of Baron Milton (1742) and Viscount Milton and Earl Fitzwilliam (1746), were added. These were all in the English house of the Fitzwilliams of Milton Manor. They were distinct from the Irish Fitzwilliams of Meryon, who descended from a member of the English family who went to Ireland with Prince John at the end of the 12th century, and whose titles of Baron and Viscount Fitzwilliam died out with the 8th viscount in 1833; the best known of these was Richard, 7th viscount (1745-1816), who left the Fitzwilliam library and a fund for creating the Fitzwilliam Museum to Cambridge University.

The 2nd earl inherited not only the Fitzwilliam estates in Northamptonshire, but also, on the death of his uncle the marquess of Rockingham in 1782, the valuable Wentworth estates in Yorkshire, and thus became one of the wealthiest noblemen of the day. He had been at Eton with C.J. Fox, and became an active supporter of the Whig party; and in 1794, with the duke of Portland, Windham and other "old Whigs" he joined Pitt's cabinet, becoming president of the council. At the end of the year, however, he was sent to Ireland as viceroy. Fitzwilliam, however, had set his face against the jobbery of the Protestant leaders, and threw himself warmly into Grattan's scheme for admitting the Catholics to political power; and in March 1795 he was recalled, his action being disavowed by Pitt, the result of a series of misunderstandings which appeared to Fitzwilliam to give him just cause of complaint. The quarrel was, however, made up, and in 1798 Fitzwilliam was appointed lord-lieutenant of the West Riding of Yorkshire. He continued to take an active part in politics, and in 1806 was president of the council, but his Whig opinions kept him mainly in opposition. He died in February 1833, his son, Charles William Wentworth, the 3rd earl (1786-1857), and later earls, being notable figures in the politics and social life of the north of England.

FIUME (Slav. _Rjeka_, _Rieka_ or _Reka_, Ger. _St Veit am Flaum_), a royal free town and port of Hungary; situated at the northern extremity of the Gulf of Quarnero, an inlet of the Adriatic, and on a small stream called the Rjeka, Recina or Fiumara, 70 m. by rail S.E. of Trieste. Pop. (1900) 38,955; including 17,354 Italians, 14,885 Slavs (Croats, Serbs and Slovenes), 2482 Hungarians and 1945 Germans. Geographically, Fiume belongs to Croatia; politically the town, with its territory of some 7 sq. m., became a part of Hungary in August 1870. The picturesque old town occupies an outlying ridge of the Croatian Karst; while the modern town, with its wharves, warehouses, electric light and electric trams, is crowded into the amphitheatre left between the hills and the shore. On the north-west there is a fine public garden. The most interesting buildings are the cathedral church of the Assumption, founded in 1377, and completed with a modern facade copied from that of the Pantheon in Rome; the church of St Veit, on the model of Santa Maria della Salute in Venice; and the Pilgrimage church, hung with offerings from shipwrecked sailors, and approached by a stairway of 400 steps. In the old town is a Roman triumphal arch, said to have been erected during the 3rd century A.D. in honour of the emperor Claudius II. Fiume also possesses a theatre and a music-hall; palaces for the governor and the Austrian emperor; a high court of justice for commerce and marine; a chamber of commerce; an asylum for lunatics and the aged poor; an industrial home for boys; and several large schools, including the marine academy (1856) and the school of seamanship (1903). Municipal affairs are principally managed by the Italians, who sympathize with the Hungarians against the Slavs.

Fiume is the only seaport of Hungary, with which country it was connected, in 1809, by the Maria Louisa road, through Karlstadt. It has two railways, opened in 1873; one a branch of the southern railway from Vienna to Trieste, the other of the Hungarian state railway from Karlstadt. There are several harbours, including the _Porto Canale_, for coasting vessels; the _Porto Baross_, for timber; and the _Porto Grande_, sheltered by the _Maria Theresia_ mole and breakwater, besides four lesser moles, and flanked by the quays, with their grain-elevators. The development of the _Porto Grande_, originally named the _Porto Nuovo_, was undertaken in 1847, and carried on at intervals as trade increased. In 1902, arrangements were made for the construction of a new mole and an enlargement of the quays and breakwater; these works to be completed within 5 years, at a cost of L420,000. The exports, worth L6,460,000 in 1902, chiefly consisted of grain, flour, sugar, timber and horses; the imports, worth L3,678,000 in the same year, of coal, wine, rice, fruit, jute and various minerals, chemicals and oils. A large share in the carrying trade belongs to the Cunard, Adria, Ungaro-Croat and Austrian Lloyd Steamship Companies, subsidized by the state. A steady stream of Croatian and Hungarian emigrants, officially numbered in 1902 at 7500, passes through Fiume. Altogether 11,550 vessels, of 1,963,000 tons, entered at Fiume in 1902; and 11,535, of 1,956,000, cleared. Foremost among the industrial establishments are Whitehead's torpedo factory, Messrs Smith & Meynie's paper-mill, the royal tobacco factory, a chemical factory, and several flour-mills, tanneries and rope manufactories. In 1902 the last shipbuilding yard was closed. The soil of the surrounding country is stony, but the climate is warm, and wine is extensively produced. The Gulf of Quarnero yields a plentiful supply of fish, and the tunny trade with Trieste and Venice is of considerable importance. Steamboats ply daily from Fiume to the Istrian health-resort of Abbazia, the Croatian port of Buccari, and the islands of Veglia and Cherso.

Fiume is supposed to occupy the site of the ancient Liburnian town _Tersatica_; later it received the name of _Vitopolis_, and eventually that of _Fanum Sancti Viti ad Flumen_, from which its present name is derived. It was destroyed by Charlemagne in 799, from which time it probably long remained under the dominion of the Franks. It was held in feudal tenure from the patriarch of Aquileia by the bishop of Pola, and afterwards, in 1139, by the counts of Duino, who retained it till the end of the 14th century. It next passed into the hands of the counts of Wallsee, by whom it was surrendered in 1471 to the emperor Frederick III., who incorporated it with the dominions of the house of Austria. From this date till 1776 Fiume was ruled by imperial governors. In 1723 it was declared a free port by Charles VI., in 1776 united to Croatia by the empress Maria Theresa, and in 1779 declared a _corpus separatum_ of the Hungarian crown. In 1809 Fiume was occupied by the French; but it was retaken by the British in 1813, and restored to Austria in the following year. It was ceded to Hungary in 1822, but after the revolution of 1848-1849 was annexed to the crown lands of Croatia, under the government of which it remained till it came under Hungarian control in 1870.

FIVES, a ball-game played by two or four players in a court enclosed on three or four sides, the ball being struck with the hand, usually protected by a glove, whence the game is known in America as "handball." The origin of the game is probably the French _jeu de paume_, tennis played with the hand, the hand in that case being eventually superseded by the racquet. Fives and racquets are probably both descended from the _jeu de paume_, of which they are simplified forms. The name fives may be derived from _la longue paume_, in which five on a side played, or from the five fingers, or from the fact that five points had to be made by the winners (in modern times the game consists of fifteen points). Fives is played in Great Britain principally at the schools and universities, although its encouragement is included in the functions of the Tennis Racquets and Fives Association, founded in 1908. In America it is much affected for training purposes by professional athletes and boxers. There are two forms of fives--the Eton game and the Rugby game--which require separate notice, though the main features of the two games are the serving of the ball to the taker of the service, the necessity of hitting the ball before the second bounce, and of hitting it above a line and within the limits of the court.

_Eton Fives._--The peculiar features of the Eton court arose from the fact that in early times the game was played against the chapel-wall, so that buttresses formed side walls and the balustrade of the chapel-steps projected into the court, while a step divided the court latitudinally. These were reproduced in the regular courts, the buttress being known as the "pepper-box" and the space between it and the step as the "hole." The riser of the step is about 5 in. The floor of the court is paved; there is no back wall. On the front wall is a ledge, known as the "line," 4 ft. 6 in. from the floor, and a vertical line, painted; 3 ft. 8 in. from the right-hand wall. Four people usually play, two against two; one of each pair plays in the forward court, the other in the back court. The server stands on the left of the forward court, his partner in the right-hand corner of the back court; the taker of the service by the right wall of the forward court, his partner at the left-hand corner of the back court. The forward court is known as "on-wall," the other as "off-wall." The server must toss the ball gently against the front wall, above the line, so that it afterwards hits the right wall and falls on the "off-wall," but the server's object is not, as at tennis and racquets, to send a service that cannot be returned. At fives he must send a service that hand-out can take easily; indeed hand-out can refuse to take any service that he does not like, and if he fails to return the ball above the line no stroke is counted. After the service has been returned either of the opponents returns the ball if he can, and so on, each side and either member of it returning the ball above the line alternately till one side or the other hits it below the line or out of court. Only hand-in can score. If hand-in wins a stroke, his side scores a point; if he misses a stroke he loses his innings and his partner becomes server, unless he has already served in this round, in which case the opponents become hand-in. The game is fifteen points. If the score is "13 all," the out side may "set" the game to 5 or 3; i.e. the game becomes one of 5 or 3 points; at "14 all" it may be set to three. The game and its terminology being somewhat intricate, can best be learnt in the court. No apparatus is required except padded gloves and fives-balls, which are covered with white leather tightly stretched over a hard foundation of cork, strips of leather and twine. The Eton balls are 1-3/4 in. in diameter and weigh about 1-1/4 oz. apiece.

_Rugby Fives_ is much less complicated owing to the simpler form of the court. The rules as to service, taking the balls, &c., are the same as in Eton Fives. The balls are rather smaller. The courts are larger, measuring about 34 ft. by 19 ft. 6 in. and may be roofed or open. The side walls slope from 20 ft. to 12 ft. Some courts have a dwarf back wall, some have none. The back wall, when there is one, is 5 ft. 8 in. in height. In some courts the side walls are plain; in others, where there is no back wall, a projection about 3 in. deep is built at right angles to the two side walls; in others a buttress, similar to the _tambour_ of the tennis-court, is built out from the left-hand wall about 10 ft. from the front wall, and continued to the end of the court. The line is generally a board fixed across the front wall, its upper edge 34 in. from the ground, but the height varies slightly.

_Handball_, of ancient popularity in Ireland and much played in the United States, is practically identical with fives, though there are minor differences. The usual American court is about 60 ft. long, 24-1/2 ft. wide and 35 ft. high at the front, tapering to 33 ft. at the back wall. The front wall is of brick faced with marble, the sides of cement and the floor of white pine laid on beams 10 in. apart. These are the dimensions of the Brooklyn court of the former American champion, Phil Casey (d. 1904), which has been extensively copied. Twenty-one aces constitute a game and gloves are not usually worn. The American ball is a trifle larger and softer than the Irish, which is called a "red ace" when made of solid red rubber, and "black ace" when made of black rubber. Baggs of Tipperary, who was in his prime about 1855, was the most celebrated Irish handball player. In his day nearly every village tavern in Ireland had a court. Browning and Lawlor, who won the Irish championship in 1885, were his most prominent successors. In America Phil Casey and Michael Egan are the best-known names.

See A. Tait's _Fives_ in the All England Series: "Fives" in the
_Encyclopaedia of Sport_; and _Official Handball Guide_ in Spalding's
Athletic Library.

FIX, THEODORE (1800-1846), French journalist and economist, was born at Soleure in Switzerland in 1800. His father was a French physician whose ancestors had been expatriated by the revocation of the edict of Nantes. At first a land surveyor, he in 1830 became connected with the _Bulletin universal des sciences_, to which he contributed most of the geographical articles. In 1833 he founded the _Revue mensuelle d'economie politique_, which he edited during the three years of its existence. He then became engaged in journalistic work, till his essay on _L'Association des douanes allemandes_ won him a prize from the Academie des Sciences Morales et Politiques in 1840, and also procured him work on the report on the progress of sciences since the Revolution, which the Institute was preparing. A few months before his death he published _Observations sur les classes ouvrieres_, in which he argued against all attempts to regulate artificially the rate of wages, and attributed the condition of the working classes to their own thriftlessness and intemperance. He died suddenly at Paris on the 31st of July 1846.

FIXTURES (Lat. _figere_, to fix), in law, chattels which have been so fixed or attached to land (as it is expressed in English law, "so annexed to the freehold"), as to become, in contemplation of law, a part of it. All systems of law make a marked distinction for certain purposes, between immovables and movables, between real and personal property, between land and all other things. In the case of fixtures the question arises under which set of rights they are to fall--under those of real or of personal property. The general rule of English law is that everything attached to the land goes with the land--_quicquid plantatur solo, solo cedit_. This, like many other rules of English law, is all in favour of the freeholder; but its hardship has been modified by a large number of exceptions formulated from time to time by the courts as occasion arose.

In order to constitute a fixture there must be some degree of annexation to the land, or to a building which forms part of it. Thus it has been held that a barn laid on blocks of timber, but not fixed to the ground itself, is not a fixture; and the onus of showing that articles not otherwise attached to the land than by their own weight have ceased to be chattels, rests with those who assert the fact. On the other hand, an article, even slightly affixed to the land, is to be considered part of it, unless the circumstances show that it was intended to remain a chattel. The question is one of fact in each case--depending mainly on the mode, degree and object of the annexation, and the possibility of the removal of the article without injury to itself or the freehold. In certain cases the courts have recognized a constructive annexation, when the articles, though not fixed to the soil, pass with the freehold as if they were, e.g. the keys of a house, the stones of a dry wall, and the detached or duplicate portions of machines.

Questions as to the property in fixtures principally arise--(1) between landlord and tenant, (2) between heir and executor, (3) between executor and remainder-man or reversioner, (4) between seller and buyer.

1. At common law, if the tenant has affixed anything to the freehold
during his occupation, he cannot remove it without the permission of
his landlord. But an exception was established in favour of _trade
fixtures_. In a case before Lord Holt it was held that a soap-boiler
might, _during his term_, remove the vats he had set up for trade
purposes, and that not by virtue of any special custom, but "by the
common law in favour of trade, and to encourage industry," and it may
be stated as a general rule that things which a tenant has fixed to
the freehold for the purpose of trade or manufacture may be taken away
by him, whenever the removal is not contrary to any prevailing
practice, or the particular terms of the contract of tenancy, and can
be effected without causing material injury to the estate or
destroying the essential character of the articles themselves
(_Lambourn_ v. _M^cLellan_, 1903, 2 Ch. 269). Agricultural tenants are
not entitled, at common law, to remove trade fixtures. But the
Landlord and Tenant Act 1851 granted such a right of removal in the
case of buildings or machinery erected by a tenant at his own
expense, and with his landlord's consent in writing, provided that the
freehold was not injured or that any injury was made good, and that
before removal a month's written notice was given to the landlord, who
had an option of purchase. Under the Agricultural Holdings Act 1883
the tenant might, under similar conditions, remove fixtures, although
the landlord had not consented to their erection. The Agricultural
Holdings Act 1900 extended this provision to fixtures or buildings
acquired, although not annexed or erected, by the tenant. Similar
rights were created by the Allotments Compensation Act 1887, and by
the Market Gardeners' Compensation Act 1895. All these provisions were
re-enacted by the Agricultural Holdings Act 1908.

Again, _ornamental_ fixtures, set up by the tenant for ornament and
convenience, such as hangings and looking-glasses, tapestry,
iron-backs to chimneys, wainscot fixed by screws, marble
chimney-pieces, are held to belong to the tenant, and to be removable
without the landlord's consent. Here again the extent of the privilege
has been a matter of some uncertainty.

In all these cases the fixtures must be removed during the term. If
the tenant gives up possession of the premises without removing the
fixtures, it will be presumed, it appears, that he has made a gift of
them to the landlord, and that presumption probably could not be
rebutted by positive evidence of a contrary intention. His right to
the fixtures is not, however, destroyed by the mere expiry of the
term, if he still remains in possession; but if he has once left the
premises he cannot come back and claim his fixtures. In one case where
the fixtures had actually been severed from the freehold after the end
of the term, it was held that the tenant had no right to recover them.

2. As between heir and executor or administrator. The question of
fixtures arises between these parties on the death of a person owning
land. The executor has no right to remove trade fixtures, set up for
the benefit of the inheritance. As regards ornamental objects, the
rule _quicquid plantatur solo, solo cedit_ was in early times somewhat
relaxed in favour of the executor. As far back as 1701, it was held
that hangings fixed to a wall for ornament passed to the executor;
and, although the effect of this relaxation was subsequently cut down,
it is supported by the decisions of the courts affirming the
executor's right to valuable tapestries affixed by a tenant for life
to the walls of a house for ornament and their better enjoyment as
chattels (_Leigh_ v. _Taylor_, 1902, App. Cas. 157); and the same has
been held as to statues and bronze groups set on pedestals in the
grounds of a mansion house.

3. When a tenant for life of land dies, the question of fixtures
arises between his representatives and the persons next entitled to
the estate (the remainder-man or reversioner). The remainder-man is
not so great a favourite of the law as the heir, and the right to
fixtures is construed more favourably for executors than in the
preceding cases between heir and executor. Whatever are executor's
fixtures against the heir would therefore be executor's fixtures
against the remainder-man. And the result of the cases seems to be
that, as against the remainder, the executor of the tenant for life
would be certainly entitled to trade fixtures. Agricultural fixtures
are not removable by the executor of a tenant for life.

4. As between seller and buyer, a purchase of the lands includes a
purchase of all the fixtures. But here the intention of the parties is
of great importance. Similar questions may arise in other cases, e.g.
as between mortgagor and mortgagee. When land is mortgaged the
fixtures pass with it, unless a contrary intention is expressed in the
conveyance; and this even where the chattels affixed are the subject
of a hire purchase agreement (_Reynolds_ v. _Ashby_, 1903, 1 K.B. 87).
Again, in reference to bills of sale the question arises. Bills of
sale are dispositions of personal property similar to mortgages, the
possession remaining with the person selling them. To make them valid
they must be registered, and so the question has arisen whether deeds
conveying fixtures ought not to have been registered as bills of sale.
Unless it was the intention of the parties to make the fixtures a
distinct security, it seems that a deed of mortgage embracing them
does not require to be registered as a bill of sale. The question of
what is or is not a fixture must also often be considered in questions
of rating or assessment.

The law of Scotland as to fixtures is the same as that of England. The
Agricultural Holdings (Scotland) Acts 1883 (ss. 35, 42) and 1900 (as
to market gardens) give a similar statutory right of removal. The law
of Ireland has been the subject of the special legislation sketched in
the article LANDLORD AND TENANT. The French Code Civil recognizes the
right of the usufructuary to remove articles attached by him to the
subject of his estate on the expiry of his term, on making good the
place from which they were taken (Art. 599); and there are similar
provisions in the Civil Codes of Italy (Art. 495), Spain (Arts. 487,
489), Portugal (Art. 2217) and Germany (Arts. 1037, 1049).

The law of the United States as to fixtures is substantially identical
with English common law. Constructive, as well as actual, annexation
is recognized. The same relaxations (from the common law rule
_quicquid plantatur solo, solo cedit_) as regards trade fixtures, and
ornamental fixtures, such as tapestry, have been recognized.

In Mauritius the provisions of the Code Civil are in force without
modification. In Quebec (Civil Code, Arts. 374 et seq.) and St Lucia
(Civil Code, Arts. 368 et seq.) they have been re-enacted in
substance. Some of the British colonies have conferred a statutory
right to remove fixtures on tenants (cf. Tasmania, Landlord and Tenant
Act 1874). In certain of the colonies acquired by cession or
settlement (e.g. New Zealand) the English Landlord and Tenant Act 1851
is in force.

AUTHORITIES.--English law: Amos and Ferard, _Law of Fixtures_ (3rd
ed., London, 1883); Brown, _Law of Fixtures_ (3rd ed., London, 1875);
Ryde, on _Rating_ (2nd ed., London, 1905). Scots Law: Hunter,
_Landlord and Tenant_; Erskine's _Principles_ (20th ed., Edin., 1903).
American Law: Bronson, _Law of Fixtures_ (St Paul, 1904); Reeves,
_Real Property_ (Boston, 1904); _Ruling Cases_ (London and Boston,
1894-1901), Tit. "Fixtures" (American Notes). (A. W. R.)

FIZEAU, ARMAND HIPPOLYTE LOUIS (1819-1896), French physicist, was born at Paris on the 23rd of September 1819. His earliest work was concerned with improvements in photographic processes; and then, in association with J.B.L. Foucault, he engaged in a series of investigations on the interference of light and heat. In 1849 he published the first results obtained by his method for determining the speed of propagation of light (see LIGHT), and in 1850 with E. Gounelle measured the velocity of electricity. In 1853 he described the employment of the condenser as a means for increasing the efficiency of the induction-coil. Subsequently he studied the expansion of solids by heat, and applied the phenomena of interference of light to the measurement of the dilatations of crystals. He died at Venteuil on the 18th of September 1896. He became a member of the French Academy in 1860 and of the Bureau des Longitudes in 1878.

FJORD, or FIORD, the anglicized Norwegian word for a long narrow arm of the sea running far inland, with more or less precipitous cliffs on each side. These "sea-lochs," as they are sometimes called, present many peculiar features. They differ entirely from an estuary in the fact that they are bounded seawards by a rocky sill, covered by shallow water, and they deepen inland for some distance before the bottom again curves up to the surface. They are thus true rock basins drowned in sea-water. It is pointed out by Dr H.R. Mill that Loch Morar on the west coast of Scotland, a fresh-water basin 178 fathoms deep, with its surface 30 ft. above sea-level, which is connected with the sea by a short river, is exactly similar in configuration to Loch Etive, 80 fathoms deep, filled with sea-water which pours over the seaward sill in a waterfall with the retreating tide; that Loch Nevis with a depth of 70 fathoms has its sill 8 fathoms below the surface, while the gigantic Sogne Fjord in Norway, more than 100 m. in length, is a rock basin with a maximum depth of 700 fathoms. Any inland rock basin such as Loch Morar would become a fjord if the seaward portion sank below sea-level. The origin of these rock basins has not yet been satisfactorily determined. Recent work upon somewhat similar basins in the high Alps has suggested local weathering of surface rock in fracture belts or faulted areas, or dikes, where material is easily eroded, thus producing a trough bounded by high walls in which a lake forms under favourable conditions. But investigations in such regions as the Rocky Mountains and the Yosemite Valley, where there is frequently a "reversed grade" similar to that near the seaward end of rock basins and fjords, seem to show, in some cases at least, that such a formation may be due to the "gouging" effect of a glacier coming down the valley which it constantly deepens where the ice pressure and the supply of eroding material are greatest. There may be several causes, but the results are the same in all these drowned valleys. The mass of sea-water in the depth of the basin is either unaffected by the seasonal changes in surface temperature, which in Norway penetrate no deeper than 200 fathoms, or else, as in Loch Goil, the fresher film of surface water responds quickly to seasonal changes, while the heat of advancing summer penetrates so slowly to the depth of the basin that it takes six months to reach the bottom, arriving there in winter. It has been found that where the fresher surface water has been frozen over, the temperature may be as much as 45 deg. F. at a few fathoms from the surface. When the surface is warmest, on the other hand, the depths are coldest.

FLACCUS, a cognomen in the plebeian gens Fulvia, one of the most illustrious in ancient Rome. Cicero and Pliny state that the family came from Tusculum, where some were still living in the middle of the 1st century B.C. Of the Fulvii Flacci the most important were the following:

QUINTUS FULVIUS FLACCUS, son of the first of the family, Marcus, who was consul with Appius Claudius Caudex in 264. He especially distinguished himself during the second Punic War. He was consul four times (237, 224, 212, 209), censor (231) pontifex maximus (216), praetor urbanus (215). During his first consulships he did good service against the Ligurians, Gauls and Insubrians. In 212 he defeated Hanno near Beneventum, and with his colleague Appius Claudius Pulcher began the siege of Capua. The capture of this place was considered so important that their imperium was prolonged, but on condition that they should not leave Capua until it had been taken. Hannibal's unexpected diversion against Rome interfered with the operations for the moment, but his equally unexpected retirement enabled Flaccus, who had been summoned to Rome to protect the city, to return, and bring the siege to a successful conclusion. He punished the inhabitants with great severity, alleging in excuse that they had shown themselves bitterly hostile to Rome. He was nominated dictator to hold the consular elections at which he was himself elected (209). He was appointed to the command of the army in Lucania and Bruttium, where he crushed all further attempts at rebellion. Nothing further is known of him. The chief authority for his life is the part of Livy dealing with the period (see PUNIC WARS).

His brother GNAEUS was convicted of gross cowardice against Hannibal near Herdoniae in 210, and went into voluntary exile at Tarquinii. His son, QUINTUS, waged war with signal success against the Celtiberians in 182-181, and the Ligurians in 179. Having vowed to build a temple to Fortuna Equestris, he dismantled the temple of Juno Lacinia in Bruttium of its marble slabs. This theft became known and he was compelled to restore them, though they were never put back in their places. Subsequently he lost his reason and hanged himself.

MARCUS FULVIUS FLACCUS, grandnephew of the first Quintus, lived in the times of the Gracchi, of whom he was a strong supporter. After the death of Tiberius Gracchus (133 B.C.) he was appointed in his place one of the commission of three for the distribution of the land. He was suspected of having had a hand in the sudden death of the younger Scipio (129), but there was no direct evidence against him. When consul in 125, he proposed to confer the Roman citizenship on all the allies, and to allow even those who had not acquired it the right of appeal to the popular assembly against penal judgments. This proposal, though for the time successfully opposed by the senate, eventually led to the Social War. The attack made upon the Massilians (who were allies of Rome) by the Salluvii (Salyes) afforded a convenient excuse for sending Flaccus out of Rome. After his return in triumph, he was again sent away (122), this time with Gaius Gracchus to Carthage to found a colony, but did not remain absent long. In 121 the disputes between the optimates and the party of Gracchus culminated in open hostilities, during which Flaccus was killed, together with Gracchus and a number of his supporters. It is generally agreed that Flaccus was perfectly honest in his support of the Gracchan reforms, but his hot-headedness did more harm than good to the cause. Cicero (_Brutus_, 28) speaks of him as an orator of moderate powers, but a diligent student.

See Livy, _Epit._ 59-61; Val. Max. ix. 5. 1; Vell. Pat. ii. 6; Appian,
_Bell. Civ._ i. 18, 21, 24-26; Plutarch, _C. Gracchus_, 10. 13; also
A.H.J. Greenidge, _Hist. of Rome_ (1904), and authorities quoted under
GRACCHUS.

FLACH, GEOFROI JACQUES (1846- ), French jurist and historian, was born at Strassburg, Alsace, on the 16th of February 1846, of a family known at least as early as the 16th century, when Sigismond Flach was the first professor of law at Strassburg University. G.J. Flach studied classics and law at Strassburg, and in 1869 took his degree of doctor of law. In his theses as well as in his early writings--such as _De la subrogation reelle, La Bonorum possessio_, and _Sur la duree des effets de la minorite_ (1870)--he endeavoured to explain the problems of laws by means of history, an idea which was new to France at that time. The Franco-German War engaged Flach's activities in other directions, and he spent two years (described in his _Strasbourg apres le bombardement_, 1873) at work on the rebuilding of the library and the museum, which had been destroyed by Prussian shells. When the time came for him to choose between Germany and France, he settled definitely in Paris, where he completed his scientific training at the Ecole des Chartes and the Ecole des Hautes Etudes. Having acted for some time as secretary to Jules Senard, ex-president of the Constituent Assembly, he published an original paper on artistic copyright, but as soon as possible resumed the history of law. In 1879 he became assistant to the jurist Edouard Laboulaye at the College de France, and succeeded him in 1884 in the chair of comparative legislation. Since 1877 he had been professor of comparative law at the free school of the political sciences. To qualify himself for these two positions he had to study the most diverse civilizations, including those of the East and Far East (e.g. Hungary, Russia and Japan) and even the antiquities of Babylonia and other Asiatic countries. Some of his lectures have been published, particularly those concerning Ireland: _Histoire du regime agraire de l'Irlande_ (1883); _Considerations sur l'histoire politique de l'Irlande_ (1885); and _Jonathan Swift, son action politique en Irlande_ (1886).

His chief efforts, however, were concentrated on the history of ancient French law. A celebrated lawsuit in Alsace, pleaded by his friend and compatriot Ignace Chauffour, aroused his interest by reviving the question of the origin of the feudal laws, and gradually led him to study the formation of those laws and the early growth of the feudal system. His great work, _Les Origines de l'ancienne France_, was produced slowly. In the first volume, _Le Regime seigneurial_ (1886), he depicts the triumph of individualism and anarchy, showing how, after Charlemagne's great but sterile efforts to restore the Roman principle of sovereignty, the great landowners gradually monopolized the various functions in the state; how society modelled on antiquity disappeared; and how the only living organisms were vassalage and clientship. The second volume, _Les Origines communales, la feodalite et la chevalerie_ (1893), deals with the reconstruction of society on new bases which took place in the 10th and 11th centuries. It explains how the Gallo-Roman _villa_ gave place to the village, with its fortified castle, the residence of the lord; how new towns were formed by the side of old, some of which disappeared; how the townspeople united in corporations; and how the communal bond proved to be a powerful instrument of cohesion. At the same time it traces the birth of feudalism from the germs of the Gallo-Roman personal _comitatus_; and shows how the bond that united the different parties was the contract of the fief; and how, after a slow growth of three centuries, feudalism was definitely organized in the 12th century. In 1904 appeared the third volume, _La Renaissance de l'etat_, in which the author describes the efforts of the Capetian kings to reconstruct the power of the Frankish kings over the whole of Gaul; and goes on to show how the clergy, the heirs of the imperial tradition, encouraged this ambition; how the great lords of the kingdom (the "princes," as Flach calls them), whether as allies or foes, pursued the same end; and how, before the close of the 12th century, the Capetian kings were in possession of the organs and the means of action which were to render them so powerful and bring about the early downfall of feudalism.

In these three volumes, which appeared at long intervals, the author's theories are not always in complete harmony, nor are they always presented in a very luminous or coherent manner, but they are marked by originality and vigour. Flach gave them a solid basis by the wide range of his researches, utilizing charters and cartularies (published and unpublished), chronicles, lives of saints, and even those dangerous guides, the _chansons de geste_. He owed little to the historians of feudalism who knew what feudalism was, but not how it came about. He pursued the same method in his _L'Origine de l'habitation et des lieux habites en France_ (1899), in which he discusses some of the theories circulated by A. Meitzen in Germany and by Arbois de Jubainville ville in France. Following in the footsteps of the jurist F.C. von Savigny, Flach studied the teaching of law in the middle ages and the Renaissance, and produced _Cujas, les glossateurs et les Bartolistes_ (1883), and _Etudes critiques sur l'histoire du droit romain au moyen age, avec textes inedits_ (1890).