A-dictionary-of-greek-and-roman-antiquities-william-smith

COMMUNI DIVIDUNDO, ACTIO.
CONOKD1A.
COMMI'SSUM. On* sense of this word is tit. 6. § 20). They were, however, properly per
that of ** forfeited,*' which apparently is derired sonal actions (Dig. 1 0. tit 1. a I ), but distinguished
from that sense of the verb commiitere^ which is from other personal actions by this, that in these ac
* to commit a crime,** or ** to do tomething wrong.** tions disputed ownership could also be determined.
Asconins says, that those things are commiua (Savigny, tysfsss, Ac voL v. p. 56.) This action
which are either done or omitted to be done by a was maintainable between those who were owners
herea against the will of a testator, and make him in common of a corporeal thing, which accordingly
subject to a penalty or forfeiture ; thus, commusa was called res communis ; and it was maintainable
bereditas would be an inheritance forfeited fur whether they were owners (domimi ), or had merely
some act of commission or omission. Cicero (Ad a right tn the puMiciana actio in rem ; and whether
Fam. xiiu 56) speaks of an hypothecated thing they were sorii, as in some cases of a joint purchase,
i ; that is, becoming the abaoof
the creditor for default of par* thorn (legato) by a testament ; but the action could
or not socii, as in the case of a thing bequeathed to
A thins; so forfeited was said tn commti- not be maintained for the division of an hereditas.
Commissum was also ap In this action an account might be taken of any
plied to a thing in respect of which the vectigal injury done to the common property, or anything
was not paid, or a proper return made to the publicani.
A thing thus forfeited (veetitfatimm momime) any of the joint owners. Any corporeal thing, as
expended on it, or any profit received from it, by
ceased to be the property of the owner, and was a piece of land, or a slave, might be the subject of
forfeited, under the empire, to the fiscus. (Dig. 39. this action.
tit. 4; Soet
[U. L.J It seems that division was not generally effected
COMMTXTIO. [CoNriMo.]
by a sale ; but if there were several things, the
COMMODATUM is one of those obligationes judex would adjudicate (*tdjudieure) them sever
which are contracted re. He who lends to another ally (Oaius, iv. 42) to the several persons, and
a thing, for a definite time, to be used for a definite order (eomdewmare) the party who had the more
purpose, without any pay or reward, is called by valuable thing or things to pay a sum of money to
modern writers commotJamt ; the person who re the other by way of equality of partition. It fol
ceives the thing is called rvmtmndaiarims ; and the lows from this that the things must have been
contract is called contmodatnm. The genuine Koman valued ; and it appears that a sale might be made,
name for the lender is mmmoda/or ( Dig. 1 ,1. tit fi. for the judex was bound to make partition in the
a. 7), and the borrower (commodatarius) is ** is qui war that was most to the advantage of the joint
rem commodatam acccpit" It is distinguished owners, and in the way in which they agreed that
from mutuum in this, that the thing lent is nut one partition should be made ; and it appears that the
of those things qwae pomdere^ mmtrro, mmtmrort joint owners might bid for the thing, which was
ODsuftmz, as wine, corn, &c ; and the thing commodata
does not become the property of the receiver, was one and indivisible, it was adjudicated to one
common property, before the judex. If the thing
who is therefore bound to restore the same thing. of the parties, and he was ordered to pay a fixed
Tne lender retains both the ownership of the thing sum of money to the other or others of the parties.
and the possession. It differs from locatio et conductio
in this, that the use of the thing is gratuitous. of (ami line erciscundae, bear some resemblance to
This action, so far as it applies to land, and that
The commodatarius is liable to the actio commodati, the now abolished English writ of partition, and
if he does not restore the thing ; and he is bound tn the bill in equity for partition. (Dig. 10. tit 3 ;
to make good all injury which befalls the thing Cod. 3. tit 37 ; Cic Ad Fam, vii. 12 ; Bracton,
while it is in his possession, provided it be such
injury as a careful person could hare prevented,
or provided it be an injury which the thing has
sustained in being used contrary to the conditions
or purpose of the lending. If a thing was lent to
two persons, each was severally liable for the whole
(in solid urn). In some cases the commodatarius
had an actio contraria against the commodans, who
was liable for any injury sustained by the commo
datarius through his dolus, or culpa ; as, for instance,
if he knowingly lent him bad vessels, and the wine
or oil of the commodatarius was thereby lost or
injured. The actio commodati was one of those
in which there were two formulae, in jus and in
factum. (Gaiua, iv. 47 ; Dig. 13. tit 6 ; Instit.
hi. 14. § 2; Thibaut, Sytttm, \ . § 477. &c.
9th e, comedy. 1. Greek.
The early stages of the history of comedy are
involved in great indistinctness, as they never
formed the subject of much inquiry even when in
formation was extant This was the case even
among the Athenians, and to a still larger extent
among the Dorians. The ancient Greeks seldom
showed much aptitude for antiquarian research,
and for a long time comedy was scarcely thought
deserving of attention (Aristot Poet, 5), for,
though springing out of the Dionysiac festivals,
it had not that predominantly religious character
which tragedy had.
That comedy took its rise at the vintage festi
vals of Dionysus is certain. It originated, as
Aristotle says (Poet. 4), with those who led off
the phallic songs (4»o raV »'£af>v:,'Tti'*' T^ 4>«A-
Aixd) of the band of revellers (ffwuot), who at the
vintage festivals of Dionysus garc expression to
the feelings of exuberant joy and merriment which
were regarded as appropriate to the occasion, by
parading about, partly on foot partly >" wagons,
with the symbol of the productive powers of na
ture, singing a wild, jovial song in honour of
Dionysus and his companions. These songs were
commonly interspersed with, or followed by petu
lant, extemporal (a&ro