153 
FAC 
and he’s of a mod facinerious fpirit that will not acknow¬ 
ledge it. Shahefpcare. 
FA'CING, part. Meeting in front; oppofing; oppofing 
with impudence; carrying a f.ilfe face; acting the hypo¬ 
crite ; covering with an additional furface, 
FA'CING,/. An ornamental covering; that which is 
put on the outfide of a tty thing by way of decoration.— 
Thefe offices and dignities were but the facings and fringes 
of his great nefs. V/otton. 
FACI'NOROUS, adj. [facinora,- Lat. ] Wicked; atrp- 
cious; deteffab'ly bad. 
FACI'NQROCJSN ESS, f. Wickednefs in a high degree. 
FACK, f. A fea term for the round of a cable in coil¬ 
ing it up. 
FAC'KER SEE, a lake of Germany, in the duchy of 
Carinthia: three miles fouth-eaft of Villach. 
FACT,/. [fiElum, Lat.f| A thing done; an effeft pro¬ 
duced; fomething not barely fuppofed or fufpedted, but 
really done.—Matter of faEl breaks out and blazes with 
too great an evidence to be denied. South .—Reality ; not 
luppofition ; not fpeculation.—Manifold fins, though in 
fpeculation they may be feparable from war, in reality and 
faEl never fail to attend it. Smalridge .—Action ; deed : 
Unhappy man ! to break the pious laws 
Of nature, pleading in his children’s caufe : 
Howe’er the doubtful faEl is ur.derftood, 
’Tis love of honour and his country’s good; 
The con fill, not the father, (beds the blood. Dryden. 
FAC'TION, /. [ faElion, Fr. faRio, Lat.] A -party in 
a (fate.—.By one of Simon’s faElion murders were com¬ 
mitted. Macc .—By the weight of reafon 1 fhould counter- 
poife the overbalancing of any faElions. King Charles. —Tu¬ 
mult ; difeord ;■ diflenfion.-— t hey remained at Newbery 
in great faElion among themfelves. Clarendon. 
FACTIONARY, [.[faElionaire , Fr.] One of a faction; 
a party man. Not in. ufe. —Pr’ythee, fellow, remember my 
name is Menenius ; always faElionary of the party of your 
general. Shahefpcare. 
FAC'TIOUS, adj. [ faElieux , Fr.] Given to fadtion ; 
loud and violent in a party; publicly d ffenfious ; addict¬ 
ed to form parties and raife public difturbances.: 
He is a traitor , let him to the Tower, 
And crop away that factious pate of his. Shakcfpeare. 
Proceeding from public dilfenfions ; tending to public dif¬ 
eord .—FaEHous tumults overbore the freedom and honour 
of the two houfes. King Charles. 
Grey-headed men and grave, with warriors mix’d, 
Affemble ; and harangues are heard; but foon 
In faEtious oppofition. Milton. 
FAC'TIOUSLY, adv. In a manner criminally diflen- 
fious or tumultuous.—I intended not only to oblige my 
friends, but mine enemies alfo: exceeding even the de- 
fires of thofe that were JaEliovfy difeontented. King Charles. 
FAC'TIOUSNESS,/. Inclination to public dilfenfion ; 
violent clarnouroufnefs for a party. 
FAC'TIST,/. One that makes poems; one that writes 
plays. Cole. Net ufed. 
FACTl'TIOUS, adj. \_ faElitius, I,at.] Made by art, 
in oppofition to what is made by nature.—In the making 
and diddling of foap, by one degree of fire the fair, the 
water, and the oil or greafe, whereof that factitious con¬ 
crete is made up, being boiled up together, are ealily 
brought to incorporate. Boyle. 
FAC TOR, / [ faEleur, Fr. fzRor, Lat.] Anagentfor 
another; one who tranladis bufinels for another. Com¬ 
monly a fiibftitute in mercantile affairs.—Vile arts and 
refllefs endeavours are ufed by fome fly and venomous 
faElors for the old republican caufe. South. 
Forc’d into exile from his rightful throne, 
He made all countries where he came his own ; 
And viewing monarchs’ lecret arts of fway, 
A royal fuElor for his kingdoms lay. 
Vol. VII. No. 415. 
FAC 
A merchant, in our common law, is nnfwerable for the 
deceits of his fadtor, in telling goods abroad : and as forne- 
body mu(l be a lofer by fitch deceit, it is more reafomble 
that he, who employs and puts confidence in the deceiver, 
finould lofe, than a dranger. 1 Salk. 289. If a'fadtor buys 
goods on account of his principal, where he is tiled fo to 
do, the contract of the fadtor litall oblige the principal to 
a performance of the bargain ; and the principal is the 
proper perton to be profecuted, on non-performance: but 
if the factor enters into a charter-party of affreightment 
with a mader of a (hip, the contrail ebl’ges him only ; 
tinlefs he lades aboard generally his principal’s goods, then 
both the principal and lading become liable for the freight, 
and not the fadtor. Goldjb. 137. It is a general rule that 
where a fadtor, who is authorifed to fell goods in his own 
name, makes the buyer debtor to himfelf, though he is 
not anfwerable to his principal for the debt, if the money 
be not paid ; yet he has a right to receive it, if it be paid, 
and his receipt is a difeharge to the buyer. The fadtor 
may compel fuch payment by adtion, and the buyer can¬ 
not defend himfelf by faying that the - principal was in¬ 
debted to him more than the amount. Comp. 253, 6. Where 
goods are fold by a faff or at his own ritk, for which he 
has an additional allowance, the vendee is not anfwerable 
to the owner. Stra. 1181. Though afadtortias power to 
fell, and thereby bind his principal, yet he cannot bind 
or affedt tiie property of the goods by pledging them as a 
lecurity for his own debt, though there be the formality 
of a bill of parcels and a receipt. Stran. 1178. If a fadtor 
fells goods as his own, by indoi fement of the bill of lading, 
though-no delivery is made, the goods being at fea, the 
vendee (hall keep pofleflion unlefs fraud appears between 
him and the fadtor. 1 Blac. Rep. 6 29. 
It hath been held in equity, that if one employs a fac¬ 
tor, and entrails him with the difpofal of merchandize, 
and the fadtor receives the money, and dies indebted in 
debts of a higher nature, and it appears by evidence that 
this money was vefted in other goods, and remains unpaid, 
thofe goods (hall be taken as part of the merchant’s eflate, 
and not the factor’s; but if the fadtor have the money, it 
fliall be looked upon as the fadtor’s eftate, and mult fir ft: 
anfwer the debts of fuperior creditors, &c. for as money 
has no ear-mark, equity cannot follow that in behalf of 
him who employed the fadtor. l falk. 160. If a perfon 
doth employ a fadtor to fell goods, who fells them on cre¬ 
dit, and before the money is paid dies indebted more than 
his affets will pay; this money fliall be paid to the prin¬ 
cipal merchant, and not to the factor’s adminifirator, but 
thereout muff be deducted what was due for commiflion : 
for a fadtor is in nature only of a truftee for his principal. 
2 Fern. 638. Bills remitted to a factor or banker, while 
unpaid, are in the nature of goods unfold ; and if the fac¬ 
tor become bankrupt, muff be returned to the principal, 
fubjedt to fuch lien as the fadtor may have thereon. 2 Blac . 
Rep. 1134. 
A fadtor has a lien on goods configned to him, not only 
for incident charges, but as an item of mutual account,' 
for the general balance due to him, fo long as he retains 
the pofleflion ; if he parts with the ppffetlion, he parts with 
his lien. 1 Blac. Rep. 104, If he be fiirety in a bond for 
his principal, he has a lien on the- price of the goods fold 
by him for his principal to the amount of the him he is 
bound for. Cowp. 251. A dyer, merely as a manufadturer, 
has not a general lien ; bat a packer, being in the nature 
of a faddor, has. ^ Burr. 2214. A factor has no lien on 
goods for a general balance, tinlefs they come into his 
adtual pofleflion: and if in confidenuion of goods being 
configned to him he accept bills drawn by the conlignor,. 
and pay part of the freight, and become infolvent before 
the bills are due, and before the goods get into his actual 
pofleflion, the conlignor may (fop them in Iranfitu. 1 Term 
Rep. 119. It a fadtor accept bills drawn by his principal 
upon tlie faith of confignments agreed to be made by the 
principal to the fadtor, and both of them become bank¬ 
rupts before a cargo configned come into polfelliun of the 
Dryden. 
