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 FAWEES

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FEAR

poverty, they ceased to attend after the 18th, Edward II. It appears that some bitterness existed for a considerable time between the monks and the people of Faversham, who complained of the abbey's imposts and exactions. Among these grievances were claims, by way of composition, for allowing the inhabitants to send their swine to pannage, for exposing their goods for sale in the market, and for the liberty of brewing beer. Twenty-two abbots are known to us; the last was John Shepey, alias Castelocke, who, on 10 December, 1534, along with the sacristan and four monks, is said to have signed the Act of Supremacy. On 8 July, 1538, the abbey was surrendered to the king, at which time the annual revenue was about £350. Henry VIII gave the house and site to John Wheler for twenty-one years at an annual rent of £3 18s. 8d. Afterwards the property came into the pos- session of Sir Thomas Cheney, warden of the Cinque Ports. Later it was owned by Thomas Ardern and subsequently came to belong to the family of Sondes. The two entrance gates were standing a century ago, but had to be taken down on account of their ruinous condition. At the present day there is nothing left except some portions of the outer walls.

Tanner, Notttia Monastica (London, 17S7), s. v. Kent; SouTHOUaE, Monasticon Favershamiense (London, 1G71); Lewis. History of Faversham (London, 1727); DUGDALE, Monasl. Anglicanum (London, 1S46), IV, 568.

G. E. Hind.

Fawkes, GnT. See Gunpowder Plot.

Faye, Herve-Auguste-Etienne-Albans, astron- omer, b. at Saint-Benott-du-Sault (Indre, France), 1 Oct., 1814 ; d. at Paris, 4 July, 1902. The son of a civil engineer, he entered the Ecole Polytechnique in 1832 to prepare for a similar career. He left the school be- fore the end of the second year and went to Holland. In 1830 he entered the Paris Observatory as a pupil. There, in 1843, he discovered the periodic comet bear- ing his name. This discovery gained for him the Prix Lalande. As early as 1847 he was elected member of the Academy of Sciences. From 1848 to 1854 he taught geodesy at the Ecole Polytechnique and then went to Nancy as rector of the academy and professor of astronomy. In 1873 he was called to succeed De- launay in the chair of astronomy at the Ecole Polytech- nique, where he worked and lectured until 1893. He hekl other official positions: inspector-general of sec- ondary education (1857); member (1862) and later (1S7G) president of the Bureau des Longitudes; for a few weeks only, minister of public instruction, then inspector-general of highereducation (1877); and mem- ber of the superior council of public instruction (1892). Chevalier of the Legion of Honour in 1843, he became officer in 1855 and commander in 1870. He was honoured with other decorations and by election to the membership of the principal European academies and societies.

Faye's fame rests both on his practical and on his theoretical work. He improved the methods of astro- nomical measurement, invented the zenithal collimator, suggested and applied photography and electricity to a-stronomy, and dealt with problems of physical as- tronomy, the shape of comets, the spots of the sun, meteors, etc. Credit is given by him as well as by his friends to the great influence of his wife, whom he met on his early trip to Holland. His religious nature finds corroboration in his knowledge of the wonders of the universe. Cali enarrant gloriam Dei, he quotes in "Sur Toriginedu Monde", and goes on to say: "We run no risk of deceiving ourselves in considering it [the Superior Intelligence] the author of all things, in refer- ring to it those splendours of theheavenswhicharoused our thoughts; and finally we are ready to understand and accept the traditional formula: God, Father Al- mighty, Creator of heaven and earth". He con- tributed over 400 mc'imoires and notes to the " Comptes rendus", the "Bulletin de la soci<5t6 astronomi-

que", "Monthly Notices of the R. A. S.", and "As- tronomische Nachrichten". His larger works are: "Cours d'astronomie de I'ecole polytechnique" (Paris, 1883) ; Humbolt's " Cosmos ", tr. by Faye and Galusky (Paris, 1849-59); "Cours d'astronomie nautique" (Paris, 1880); "Surl'origine du monde" (Paris, 1885). LoEWY in Ciel et Terre (Brussels, 1902); Poincare in Bul- letin de la Societe astron. de France (Paris, 1902); The Ohserva- toru, files (London), July, 1902; Afa(«re, files (London), 17 July. 1902.

William Fox. Fayum. See Egypt.

Fear (in Canon LAw),amental disturbance caused by the perception of instant or future danger. Since fear,in greaterorlessdegree, diminishes freedom of ac- tion, contracts entered into through fear may be judged invalid; similarly fear sometimes excuses from the application of the law in a particular case ; it also excuses from the penalty attached to an act contrary to the law. The cause of fear is found in oneself or in a natural cause (intrinsic fear) or it is found in another person (extrinsic fear). Fear may be grave, such for instance as would influence a steadfast man, or it may be slight, such as would affect a person of weak will. In order that fear may be considered grave certain conditions are requisite: the fear must be grave in itself, and not merely in the estimation of the person fearing; it must be based on a reasonable foundation; the threats must be possible of execution; the execution of the threats must be inevitable. Fear, again, is either just or unjust, according to the justness or otherwise of the reasons which lead to the use of fear as a compelling force. Reverential fear is that which may exist be- tween superiors and their subjects. Grave fear dimin- ishes will power but cannot be said to totally take it away, except in some very exceptional cases. Slight fear (metus levis) is not considered even to diminish the will power, hence the legal expression " Foolish fear is not a just excuse".

The following cases may be taken as examples to illustrate the manner in which fear affects contracts, marriage, vows, etc., made under its influence. Grave fear excuses from the law and the censure attached thereto, if the law is ecclesiastical and if its non-obser- vance will not militate against the public good, the Faith, or the authority of the Church ; but if there is question of the natural law, fear excuses only from the censure (Commentators on Decretals, tit. " De his qure vi metusve causd fiunt"; Schmalzgrueber, tit. " De sent, excomm." n.79). Fear that is grave, extrinsic, unjust, and inflicted with a view to forcing consent, nullifies a marriage contract, but not if the fear be only intrinsic. The burden of proof lies with the person who claims to have acted through fear. Reverential fear, if it be also extrinsic, i. e., accompanied by blows, threats, or strong entreaty, and aimed at extorting consent, will also invalidate marriage. Qualified as just stated, fear is a diriment impediment of marriage when coupled with violence or threats {vis et metus). For further details see any manual of Canon Law, e. g., Santi-Leitner, " Pralect. Jur. Can." (Ratisbon, 1905), IV, 56-59; Heiner, "Kathol. Eherecht" (Miinster, 1905), 82-86; also Ploch, "De Matr. vi ac metu con- tracto" (1853). For the history of this impediment see Esmein, "Lemariage en droit canonique" (Paris, 1891), I, 309; 11,252; also Freisen, "Gcsch.deskanon. Eherechts etc." (Tiibingen, 1888).

Resignation of office extorted by unjust fear is generally considered to be valid, but may be rescinded unless the resignation has been confirmed by oath. On the other hand, if fear has been justly brought to bear upon a person, the resignation holds good (S. Cong. Cone. 24 April, 1880). Ordination received under grave and unjust fear is valid, but the obliga- tions of the order are not contracted unless there is subsequent spontaneous acceptance of the obligation (Sanchez, "De matrim.", VII, Disp. xxix, n. 5). In