F, punishment, English law. Formerly¹ felons² were branded and marked with a hot iron, with this letter, on being admitted to the benefit of clergy³.

FACIO UT DES. A species of contract in the civil law, which occurs when a man agrees to perform anything for a price, either specifically mentioned or left to the determination of the law to set a value on it. As when a servant hires himself to his master for certain wages or an agreed sum of money. 2 Bl. Com. 445.

FACIO UT FACIAS. A species of contract in the civil law, which occurs when I agree with a man to do his work for him if he will do mine for me. Or if two persons agree to marry together, or to do any other positive acts on both sides. Or it may be to forbear on one side in consideration of something done on the other. 2 Bl. Com. 444.

FACT. An action; a thing done. It is either simple or compound.

2. A fact is simple when it expresses a purely⁴ material act unconnected with any moral qualification; for example, to say Peter went into his house, is to express a simple fact. A compound fact contains the materiality of the act, and the qualification which that act has in its connexion with morals and, the law. To say, then, that Peter has stolen a horse, is to express a compound fact; for the fact of stealing, expresses at the same time, the material fact of taking the horse, and of taking him with the guilty intention of depriving the owner of his property and appropriating it to his own use; which is a violation⁵ of the law of property.

3. Fact. is also put in opposition⁶ to law; in every case which has to be tried there are facts to be established, and the law which bears on those facts.

4. Facts are also to be considered as material or immaterial. Material facts are those which are essential to the right of action or defence, and therefore of the substance of the one or the other - these must always be proved; or immaterial, which are those not essential to the cause of action these need not be proved. 3 Bouv. Inst. n. 3150-53.

5. Facts are generally determined⁷ by a jury,; but there are many facts, which, not being the principal matters in issue, may be decided⁸ by the court; such, for example, whether a subpoena⁹ has or has not been served; whether a party has or has not been summoned, &c. As to pleading material facts, see Gould. Pl. c. 3, s. 28. As to quality of facts proved, see 3 Bouv. Inst. n. 3150. Vide Eng. Ece. R. 401-2, and the article Circumstances.

FACTO. In fact, in contradistinction to the lawfulness¹⁰ of the thing; it is applied¹¹ to anything actually done. Vide Expostfacto.