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 FALSITY

781

FAMILIARS

Falsity (Lat. Falsitas), a perversion of truth origi- nating in the deceitfulness of one party, and culmi- nating in the damage of another party. Counterfeit- ing money, or attempting to coin genuine legal tender without due authorization ; tampering with wills, codi- cils, or such-like legal instruments; prying into the correspondence of others to their prejudice; using false weights and measures; adulterating merchandise, so as to render saleable what pitfchasers would other- wise never buy, or so as to derive larger profits from goods otherwise marketable only at lower figures; bribing judges; suborning witnesses; advancing false testimony; manufacturing spurious seals; forging sig- natures; padding accounts; interpolating the texts of legal enactments; and sharing in the pretended birth of supposititious offspring are among the chief forms which this crime assumes. The punishment deter- mined by the laws of former times for those convicted of it could scarcely savour of greater severity, or awaken a deeper horror of the crime itself. In the first place, the Roman law inflicted the death penalty on such evil-doers as were found guilty of falsifying imperial rescripts. Traces of this kind of legislation are still to be found in the Bull of Pius IX, "Apos- tolicie Sedis", w'herein the Holy See promulgates the sentence of excommunication specially reserved to the sovereign pontiff against all who dare to forge or in- terpolate Bulls, Briefs, and Rescripts of all kinds for- mulated in the name of the Holy Father, and signed either by the pope personally, by his vice-chancellor personally, or by his vice-chancellor's proxy, or bj' some other individual specially commissioned there- unto by the sovereign pontiff himself.

Moreover, whosoever are guilty of publishing sur- reptitious or supposititious papal Bulls, Briefs, or Rescripts, of the kind already specified, render them- selves amenable to the same ecclesiastical penalty. This sentence of excommunication takes effect as soon as the work of falsification becomes an accomplished fact, even though the false letters never pass into ac- tual use. At the same time it must be noted, in passing, that as often as there is question of forging Apostolic Letters, the censure is not incurred prior to the actual publication of such letters. Those who are guilty, not of falsifying Apostolic Letters, but of de- liberately using such as are already forged or interpo- lated, or of co-operating in such traffic, incur the cen- sure of excommunication reserved to the ordinary of the diocese. According to D'Annibale (Commentary on the Constitution "Apostolicee Sedis", n. 81) those who retain forged or interpolated Apostolic Letters in their possession, those who order the production of such letters, their advisers, abettors, or co-operators, are not liable to the sentence of excommunication.

In cases other than those here outlined, the enor- mity of the crime was emphasized by the civil law in confiscating the property of culprits and condemning them to perpetual exile. Though time has by no means lessened the intrinsic heinousness of the crime itself, it has witnessed considerable mitigation in the penalty thereunto attached; the discretion of the judge hearing the case is now the chief factor in de- termining the nature and the extent of punishment. While vicissitudes of time and place may suggest the expediency of modifications in the exigencies of posi- tive law, there still remains an obligation which con- science always imposes on tho.se guilty of this crime, an obligation founded in justice, and therefore quite independent of changes occurring in time or place. For this reason it is right to claim that as soon as the actual perpetration of this disorder begets injury to another party, the perpetrator of such damage is strictly bound in conscience to make good all such losses caused, or occasioned, by his fraud or deceit. This teaching meets with the unstinted approbation of moralists, notwithstanding the plausibility of a theory purporting to inculpate those who advance false testi-

mony, but lifting from their shoulders the burden of repairing damages due to such false evidence. (See Forgery.)

Taunton, Law of the Church (London, 1906); D'Annibale, Commentarium in Canstitutione ApostoliccB Sedis; Ojetti, Syn- opsis Rerum Moraliuni et Juris Pontificii (Prato, 1904); Bai^ LERINI, Opus Theologicum Morale (Prato, 1901>: Lehmkuhl, Theologia Moraiis (Freiburg, 1S98); Lombard:, Juris Canonici Privati Institutiones (Rome, 1901); Laymann, Theologuj Mo- raiis (Padua, 1733); Sporer, Theologia Moraiis (Venice, 1716).

J. D. O'Neill. Faltonia Proba. See Proba Faltonia.

Famagusta, a titular see in the Island of Cyprus. The name appears to be derived from the Greek d^^6- XuiTTos (a sandy point) rather than from Fama Au- gusti, the traditional etymology. The history of the city cannot be traced beyond the eighth century of our era. It is not certain, Lequien to the contrary notwithstanding (II, 106.5), that it occupies the site of Arsinoe. Famagusta prospered through the destruc- tion of the neighbouring Salamis, the former capital of the island. By the twelfth century its importance was such that Guy de Lusignan chose to be crowned there (1191) King of Jerusalem and Cyprus. The French princes fortified the town, and in the thirteenth century built the beautiful Cathedral of St. Nicholas, transformed since then into a mosque. Famagusta was the seat of a Latin diocese from the twelfth cen- tury and had residential bishops till the end of the sixteenth. The list is given by Lequien, III, 1219- 24; Ducange, "Les families d' outre-mer", 861-804; Eubel, I, 253-54, II, 168; Hackett, "History of the Orthodox Church of Cyprus", London, 1901, 577-87.

The prosperity of Famagusta was not affected by the fall of Acre. In 1342, a German writer described it as one of the richest and most beautiful cities of the world, its wealth surpassing that of Constantinople and Venice. (See Mas-Latrie, L'ile de Chypre, Paris, 1879, 236-40.) St. Bridget of Sweden, in her revela- tions, compares it to Sodom and Gomorrha. Cap- tured by the Genoese in 1374, it fell, in 1389, into the hands of the Venetians, who retained it till 1571. Finally, after a siege of ten months, which cost the enemy 50,000 men, the city surrendered to the Turks, who, despite their treaty, massacred the garrison, burned alive the brave governor, Bragadino, and completely sacked the city. Famagusta, which for- merly numbered 70,000 inhabitants, was reduced to a mere village. It is known to-day as Mankosta (1000 inhabitants) and is the chief town of one of the six departments of the island. Its harbour is choked with sand ; its palaces, dwellings, highways, ramparts, and churches are all in ruins.

S. Vailhe.

Fame. See Reputation.

Familiars, strictly speaking, seculars subject to a master's authority and maintained at his expense. In this sense the idea embodies service rendered to mas- ters, as well as wages, board, and lodging provided by the masters. In canon law the term usually signifies seculars residing in monasteries and other religious houses, actually employed therein as servants and sub- ject to the authority of the regular prelate to the same extent as servants are subject to their masters. Many of the privileges and exemptions granted to religious are accorded their familiars. For this reason famil- iars validly receive absolution from a confessor ap- proved by the regular prelate, or from one approved by the ordinary of the place where the house is located. In like manner, familiars actually dwelling in a mon- astery may receive their Easter Communion in the church or chapel of the monastery. Extreme unction and Viaticum may also be administered to them in the monastery. Boys boarding in colleges or academies sujjervised by religious or by diocesan clergy, and girls hoarding in convents conducted by sisterhoods, prac- tically enj oy the same privileges as f amihars. Accord-