A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

1108 MODESTINUS. MODESTUS.
It has generally been supposed that the Ochus of his consiliarii. He also taught law to the
mentioned by Diogenes Laertius (i. 1) is the same younger Maximinus. (Capitol. Mawimin. Jun.
person as the Mochus referred to by Athenaeus. 1.) In a rescript of Gordian (A. D. 239) mention
Suidas also calls him Ochus; but he has evidently is made of a Responsum which Modestinus had
only copied the passage in Diogenes Laeirtius. But given to the person to whom the rescript is directed.
the mistake, if it is one, may easily have crept into (Cod. 3. tit. 42. s. 5.) Modestinus often cites
the MSS. before his time. Josephus (Ant. Jud. i. Ulpian, and he is cited by Aurelius Arcadius
8. s. 5) refers to Mochus, as do also Tatianus (adv. Charisius.
Gent. p. 217) and Eusebias (Praep. Evang. x. p. Though Modestinus is the latest of the great
289). (Falric. Bibl. Graec. vol. i. p. 226, vol. iii. Roman jurists, he ranks among the most distinp. 807; Vossius, de Hist. GCraec. p. 471, ed. guished. There are 345 excerpts in the Digest
Westermann.) [C. P. M.] from his writings, the titles of which show the
MOCILLA, L. JULLIUS, a man of praetorian extent and variety of his labours.
rank, who espoused the republican party after the Modestinus wrote both in Greek and Latin.
death of Julius Caesar, and fought in the army of From the six books of Excusationes, which were
Cassius and Brutus at the battle of Philippi (B. C. written in Greek, an extract, which contains the
42). After the loss of that battle he fled to beginning of the work, is preserved in the Digest
Samothrace, with his son and others of his party, (27. tit. 1). There are also excerpts from the nine
and their wants were supplied by Pomponius books of DiTerentiae, ten books of Regulae, nineAtticus, who sent from Epeirus every thing that teen books of Responsa, twelve books of Pandectae,
they needed. (Corn. Nep. Attic. 11.) from which there are many extracts, four books on
MODERA'TUS, a native of Gades, a distin- Poenae, and the single treatises De Enucleatis
guished follower of the Pythagorean system, who Casibus, De Eurematicis or Heurematicis, De
flourished in the time of the emperor Nero. IHe Inoficioso Testamento, De Manumissionibus, and
wrote a work on the dogmas of his sect. He De Praescriptionibus. This last work must be diswas a man of considerable eloquence, and was to tinguished from another of the same name, which
some extent imitated by Iamblichus. (Porphyr. is not mentioned in the Florentine Index, and
p. 32; Suidas, s. v. rdaselpa.) A fragment of his which consisted of four books at least. (Dig. 45.
is preserved in Stobaeus (Eclog. p. 3). [C. P. M.] tit.l. s. 1 01.) Qtherworkswere,DeRituNuptiarum,
MODESTI'NUS, HERE'NNIUS, a Roman De Diferentia Dotis, and the single treatises De
jurist, and a pupil of Ulpian, whom Modestinus Legatis et Fideicommissis, and De Testamentis,
cites in terms of high commendation. (Dig. 26. which are mentioned in the Florentine Index.
tit. 6. s. 2.) His name, Herennius, is mentioned The Florentine Index does not mention the
ia a passage of Ulpian (Dig. 47. tit. 2. s. 53. ~ 20), Libri ad Quintuns l~Mucium, though there are two
if the. Herennius Modestinus there mentioned is excerpts from this work in the Digest, from the
the jurist, which we assume to be the fact. The fourteenth and thirty-first books respectively.
words of TJlpian, " Herennio Modestino studioso (Dig. 41. tit. 1. s. 53, 54.)
meo de Dalmatia consulenti rescripsi," are ambi- A rescript of the emperors Septimius Severus and
guous: some take them to mean that Modestinus Antoninus Caracalla, A. D. 204 (Cod. 4. tit. 2. s. 1),
was a native of Dalmatia, which cannot be the can hardly have been directed to this Modestinus,
meaning of the words; others more probably take who lived to the time of Gordian; for it is dated
the words to mean that Modestinus was then in thirty-five years before the time of Gordian, and,
Dalmatia. But the assumption that he was pro- besides this, the demand of Modestinus is characconsul of Dalmatia is not'proved by the words terised as neither equitable nor usual. (G. Grotius,
of Ulpian, who would hardly have omitted his Vitae Jurisconsultorum, &c.; Puchta, C2ursus der
title if Modestinus held that rank. All that we Institutionen, vol. i. p. 459; Zimmern, Geschichte
ean conclude fromn the words of Ulpian is that des Rom. Privatrechts, p. 383; Fabretti, Inscript.
Modestinus asked, his advice about Dalmatia. Antiq., Romae, 1699, p. 278.) [G. L.]
Zimmern' says that " he may have been the person MODESTUS. 1. The author of a Libellus de
who in the year 979 (A. D. 226), as proconsul of Vocabulis Rei Militaris, addressed to the emperor
Dalmatia, decided an eighteen years' suit;" and Tacitus. It contains an explanation of some coinmthis decision,.he says, is mentioned in an inscrip- mon terms, and an outline of the system pursued
tion in Fabretti (p. 278). This is one of the at that period in classifying and disciplining solstrangest blunders ever made. The matter is stated diers. It is very brief, and presents no features of
correctly by Puchta. (Curses, vol. i. p. 489.) The interest or importance. The compiler has been
name of Herennius Modestinus occurs in an inscrip- most unjustly charged with copying Vegetius, who
tion, which inscription also states that the first de- flourished nearly a century later under Valenelsion in the matter referred to by the inscription tinianus.
was made by Aelius Florianus; it was confirmed Modestus first appeared in a 4to volume without
by Herennius Modestinus, and again confirmed by date and without name of place or printer, but
Faltoniua Restitutianus, praefectus vigilum. This which, according to the best bibliographical aninscription was found at Rome, and it contains thorities, was printed at Rome by Jo. Schurener de
nothing about Dalmatia; and yet the conclusion of Bopardia about 1474, and contains also Pomponius
Zimmern is that the passage in Ulpian, which was Laetus de Magistratibus Urbis. The tract was
probably written in-the time of Caracalla, and this subsequently included in all the chief collections of
inscription, which records a judgment in the time of Scriptores de Re Militari, and appears under its
Alexander Severus, establish the fact of Modestinus best form in the edition of that Corpus published
being governor of Dalmatia.. with the notes of Stevechius, Modius, and SchriveModestinuswas writing under AlexanderSeverus, rius at Wesel ( Vesalia Clivorum), 8vo. 1680.
as appears from the terms in which he mentions the 2. The name of Modestus is prefixed to three
emperor (Dig. 48. tit. 10. s. 29); and he was one elegiac distichs in the Latin Anthology, the words