The Ancient Library
 

Scanned text contains errors.

On this page: Misthoseos Dike – Misthou Dike – Mitra – Mixta Actio – Mna – Mnemata – Mnoia – Mochlus – Modiolus – Modius – Modulus

764

MISTHOU DIKE.

from J. Capitolimis (M. Ant. Philos. c. 29). (Com­pare Reuvens, Coilectan. Literar. i. p. 51, &c. ; Osann, Analect. crit. i. p. 67, &c. ; Ziegler, De Mimis Romanorum, Gotting. 1788). [L. S.] MINA. [talenti M.J MINOR. [CuuATOvi; infans.] MINU/TIO CA'PITIS. [caput.] MIRMILLO'NES. [GLADiATOREs,p.575,b,] MI'SSIO. [exercitus, p. 499, b.] MFSSIO. [gladiatores, p. 575, a.] MISTHOTHORI ([*iffQo<p6poi). [mekce-

NARJI.]

MISTHOSEOS DIKE (fAiMffws Sun?), also called fJLiffQ(fj(T€(^s olkov §i/c?7, is the action brought against a guardian for either having neglected to make profitable use of the property of his ward, or for having made no use of it at all. Use might be made of such property either by letting it, if it consisted of lands or houses, or by putting it out to interest, if it consisted of capital. The Si'/o; [AurOdLxrecvs must have been of a twofold character, either public or private, that is, it might be brought against the guardian, during the minority of his ward, by any person who took an interest in the welfare of the orphan, or it was brought by the orphan himself after his coming of age. Complaints of this kind were brought before the first archon. In cases where the guardian would not or could not occupy himself with the administration of the property of his ward, he might request the archon to let the whole substance of his ward's property to the highest bidder, provided the testator had not expressly forbidden this mode of acting in his will. (Demosth. c. Aphoh. p. 837 ; compare 853, 857 ; Lys. c. Diagit. p. 906.) The letting of such property took place b}r auction, and probably in the presence of a court of justice, for we read that the court decided in cases where objections were made against the terms of letting the property. (Isaeus, de Philoctem, herecL p. 141, £e.) The person who took the property had to pay an annual per­centage for the right of using it, and this percent­age frequently amounted to more than 12 per cent, per annum. If one man alone was unwilling to take the whole property on such conditions, it might be divided and let to several persons sepa-ratety. (Isaeus, de Menecl. liered. p. 13.) The tenant or tenants of the property of an orphan had to give security (aTrori/^/xa) for it, and to mort­gage (airori(j.a,v} his own estate, and the archon sent especial persons, aTronurjTai., to value his pro­perty, and to ascertain whether it was equivalent to that of the orphan. ( Suidas, s. v. 'ATnr^u^raL) The technical term for letting the property of an orphan, whether it was done by the guardian him­self or by the archon, was nurQovv, and those who took it were said fjacrQovffQai r'bv dittov (olnos here signifies the whole substance of the property). The tenants of the estate of an orphan had the right and perhaps the obligation to protect it against any other person. (Isaeus, de Hagn. liered. p. 289.) It is not ckar what resource was open to an orphan against a tenant who did not fulfil his obligations, but it is probable, that if any disputes arose, the guardian or the archon alone were answerable and had to procure justice to the orphan.

(Meier and Schomann, Ait. Proo. pp.295, 532; Bockh, Pull. Econ. p. 3o5, &c., 2d ed.) [L. S.J

MISTHOU DIKE (^ia9ov siktj or i-uffQ&ffws SiKTfj) is the name of a private action which might be brought against persons who refused to pay for

MODULUS.

services which had been performed for them, pro­ vided it had been agreed that they should be paid for ; and, secondly, against persons who either had not or had imperfectly performed the services for which they were paid. It made no difference whether the service was performed by physical or intellectual powers, as teachers, sophists, actors, authors, and similar persons were paid at Athens (Bockh, Pull. Econ. i. § 21), and it is natural to suppose that these persons, like others, made agree­ ments, either written or by word of mouth, re^ specting the remuneration to be given to them. In case either party thought themselves wronged they might bring the /*ia6ov suct; against the other. Protagoras had written a book called Si/oj virep jutcrOov, and an instance is recorded of an action of this kind in which he demanded payment of one of his pupils. (Diog. Laert. ix. 8. § 8.) It is not improbable that his work contained an account of this law-suit. (Meier and Schomann, Aft. Proc. p.534, &c.) [L.S.]

MITRA (/xi'rpa), signified in general a band of any kind, and was used specifically to indicate, 1. A belt or girdle worn by warriors round the waist. [zona.] 2. A broad band of cloth worn round the head, to which the name of anadema was sometimes given. [ coma, p. 329, b.] 3. In later times, a band worn round the bosom by women, which the Greeks usually called cbrcSSea/tos, and the Romans fuscia pectoral-is or strvphinm. (Becker. CharikleS) vol. ii. p. 329.) [fascia ; strophium.]

MIXTA ACTIO. [AcTio.]

MNA (/w£). [talentum.]'

MNEMATA, MNEMEIA Qivfipara, a^tj-{Atta). [ fun us, p. 556, a.]

MNOIA (pvoia). [Cosarr.]

MOCHLUS (,uoxA<k). [janua.]

MODIOLUS, the diminutive of modius, is used for various kinds of small vessels : among

' o

others, for the buckets on the edge of the tym­ panum^ by which water was raised (Vitruv. x, 10), and generally for any kind of bucket or small cistern in hydraulic machinery (11. 12, 13) ; for the well of an oil press (Cat. 7?. R. 20) ; for the box of a wheel (PIin. //. N. ix. 4. s. 3 ; Vitruv x. 14) ; and for other kinds of sockets (Vitruv, x» 18). _ [P. S.]

MODIUS, the principal dry measure of the Romans, was equal to one-third of the amphora (Volusius Maecianus, Festus, Priscian, ap. Wurm, § 67), and was therefore equal to nearly two gal­ lons English. It contained 16 seorfarii., 32 heminae, 64 quartarii^ 128 acetabula, and 192 cyathi. Com­ pared with the Greek dry measure, it was l-6th of the me-dimnus. Its contents weighed, accord­ ing to Pliny, 20 pounds of Gallic wheat, which was the lightest known at Rome. Farmers made use of vessels holding 3 and 10 modii (Colum. xii. 18. § 5). The third part of the jugerum was sometimes called modius. [P. S.]

MODULUS (6jU§ar77s), the standard measure used in determining the parts of an architectural order. It was originally the lower diameter of the column ; but Vitruvius takes, in the Doric order, the lower semidiameter for the module, re­taining the whole diameter in the other orders. Modern architects use the semidiameter in all the orders. The system of dividing the module into minutes was not used by the ancient architects, who merel}' used such fractional parts of it as were convenient. The absolute length of the module

Pages
About | First | English Index | Classified Index | Latin Index | Greek Index

763

764

765
letter/word  
page #  
Search this site
Google


ancientlibrary.com
WWW
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of Isidore-of-Seville.com.