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On this page: Locatio – Lochus – Loculus – Locupletes – Lodix – Loidorias Dike – Lonche – Lope

710

LODJX,

LIXAE. fCALONES.]

LOCA'TI ET CONDUCTI ACTJO. [Lo-

CAT1O.]

LOCATIO, CONDU'CTIO, is one of those contracts which are made merely by consent, with­out the observation of any pe,eiiil>w form. The con­tract might be either a locatio iconductio rerum, or a locatio conductio operarum. In (the locatio con-ductio rerum, he who promises £he >use of the thing, is locator, he who promises to gwe ;a ;sum of money for the use is conductor: if the thing is a dwelling-house, the conductor is called inquilinus ; if it is cultivable land, he is called colonus. The locatio conductio operarum consists either in giving .certain services for a fixed price, or giving that which is the result of labour, as an article of furniture, or a house. He for whom the service -is 4 one,, or the thing is made, is called locator-: he wlho under­takes to produce the thing is .conductor or redemp-tor. (Hor. Carm. iii. 1.)

The determination of a fixed .price or ;sum of i money (merces, pensio) is an essential $>art of the contract. When lands were let, the me.rces might consist in a part of the produce. (Dig. 4. tit. 65. s. 21.) When the parties have agreed ;about the object and the price, the contract is completed ; -and the parties have severally the actiones locati et con-ducti for enforcing the obligatio. (Dig. 19. tit. 2.)

This being the nature of the contract of locatio et conductio, it was a matter of doubt sometimes whether a contract was locatio et co.nduetio oj something else: when a man made a pair of s'hoes or suit of clothes for another, it was doubted whether the contract was emtio et venditiq,, ;or locatio et con­ductio. The better opinion, and >tihat which is con­formable to the nature of the thing,-.was that if a man furnished the materials to the tailor or shoemaker, it was a contract of locatio etcondiictio-; if the tailor or shoemaker furnished the materials, it was a con­tract of emtio et venditio. (Gains, iii. 142, &c. ; Inst. 3. tit. 24. s. 3, 4.) A doubt also :a,E0se ,as to the nature of the contract when a thing was given to a man to be used, and he gave the lender another thing to be used. Sometimes it was doubted whether the contract was Locatio -et -Conductio or Emtio et Venditio ; ,as in the .case where a thing was let (locata) for ever, as was done with lands belonging to inunicipia, which were let on the condition that so long as the rent (vectigal) was paid, neither the conductor nor his heres could be turned out of the land: but the better opinion was in favour of this being a contract of Locatio et Conductio. [emphyteusis.] [&. L.]

LOCHUS (\6xos). 1. Spartan [see p. 4.8.3]. 2. Athenian [p. 486.]. 3. Macedonian [p. 488].

LOCULUS. [FuNtis, p, 559, b.]

LOCUPLETES or ASSTOUI, was the name of the Roman citizens who were included in the five classes of the Servian .constitution, and was opposed to the Proletarii. The term assi-dui seems to have been the older appellation ; but the etymology of both words is very uncertain. (Cic. Top. 2, de Rep. ii. 22 ; Plih. H. N. xviii. 3; Festus, s. vv. A ssiduus, Locupletes ; Becker, Rom. Altertli. vol ii. pt. i. pp. 211, 212.)

LODIX, dim. LODI'CULA (<r&yiov\ a small shaggy blanket. (Juv. vii. 66.) Sometimes two lodices sewed together were used as the coverlet of a bed. (Mart. xiv. 148.) The Emperor Augustus occasionally wrapt himself in a blanket of this de­scription on account of its warmth. (Sueton. Aug.

LOPE.

83.) It was also used as a carpet (ancilla lodicu-larn in pavimento diligenter extendit, Petron. Sat. 20). The Romans obtained these blankets from Verona. (Mart. xiv. 152). Their lodix was nearly, if not altogether, the same as the sagulum worn by the Germans. (Tac. Germ. 6.) [sagum.] [J. Y.J LOGISTAE (AoyicrTai). [euthyne.] LOGOGRAPHI (&oyoypd(f>oi\ is a name ap­plied by the Greeks to two distinct classes of persons.

1. To the earlier Greek historians previous to Herodotus, though Thucydides (i. 21) applies the name logographer to ail historians previous to him­self, and thus includes Herodotus among the num­ber. The lonians were the first of the Greeks who cultivated history; and the first logographer, who lived .about Olym.p. 60, was Cadmus, a native of Miletus, who wrote a history of the foundation of his native city. The characteristic feature of all the 'logographers previous to Herodotus is, that they seem to have aimed more at amusing their hearers or readers than ait imparting accurate historical knowledge. They de&cribed in prose the mythological subjects and traditions which had previously been treated of by ttae epic and espe­cially by the cyclic poets. The omissions in the nar­ratives of their predecessors were probably filled up by traditions derived from other quarters, in order to produce, at least in form, afionnected history. In many cases they were mere collections of local and genealogical traditions. (Thirl wall, Hist, of Greece., h. p. 127, &c. £ Muller, Hist, of Greek Lit. i. p. 206, &c. ; Wachsmuth, Hdleu. Altertli. ii. 2. p. 443, &c.)

2. To persons who wrote judicial speeches or pleadings a&d sold them to those who Avere in want of them. These persons were called Ao- yoTTow'i as well as &oyoypd<f)ot. Antiphon, the orator, was the first who practised this art at Athens,, towards the close of the Peloponnesian war. (Pint. Vit. Dec. Orat. p. 832, ed. Frankf. ; Aristot. Rhet. i. 33.) After this time the custom of making and selling speeches became very general, and though the persons who practised it were not very highly thought of and placed on a par with the sophists (Demosth. de Fals. Leg. pp. 417, 420 ; Plat. Pliaedr. p. 257, c ; Anaxim. Rhet. xxxvi. 22 and 24 ; compare Plat. Euiliydem, p. 272, a, 289, d, 305, a), yet we find that orators of great merit did not scruple to write speeches of various kinds for other persons. Thus Lysias wrote for others numerous Aoyo.us els Smaffr^pid re kcu /BouAas /cal irpbs tKK&ya-ias ey^erous1, and besides Travrjyvpi- kovs, tpoiTLKovs, and eiri(rro\LKovs. (Dionys. Hal. Lys. p. 82, ed. Sylburg; compare Meier and Schom. Att. Proc. p. 707.) [L. S.]

LOIDORIAS DIKE (hofiopias 51/n?) [ka-kegob.ias dikb,]

LONCHE (Ad7X^). [hasta.]

LOPE (acottt;, also acottos, dim. AcoTaov), the ancient Greek name of the amictus, whether consisting of the hide of an animal or of cloth. Having fallen into disuse as a colloquial or prosaic term (Phryn. Eel. p. 461, ed. Lobeck), it was re­tained, though employed very sparingly, by the poets. (Horn. Od. xiii. 224 ; Apoll. Rhod. ii. 32 ; Schol. in loc.; Anacreon, Frag. 79 ; Theocrit. xiv. 66; Brunck, Anal. i. 230, ii. 185.) We also find it retained in AajTroSyr^s-, literally one ivlio puts on the amictus^ a term properly applicable to those persons who frequented the thermae in

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