Page:The New International Encyclopædia 1st ed. v. 13.djvu/659

MISREPRESENTATION. party to whom it is made a ground for relief of any kind depends upon the circumstances of the case.

As a rule, an innocent misrepresentation will not affect the validity of a contract in connection with which it is made, unless it was the very basis of the contract or one of its material terms.

In certain classes of contracts, notably those of and  (q.v.), any misrepresentation or concealment of a material fact, however innocent, renders them void. This is due largely to the fact that such contracts have come into English law from the law merchant, and that early mercantile usage put an absolute legal duty on the insurer to state correctly all facts relating to the thing insured, which would ordinarily affect the insurer’s decision in taking the risk. Courts of equity deal somewhat differently with innocent misrepresentation from courts of common law. They will generally refuse a decree for specific performance in favor of one whose claim rests upon a misrepresentation, although it is an honest one; and in some cases they grant a rescission of a contract induced by such statements when a court of law would not. Consult: Anson, Principles of the Law of Contract (Oxford, 1900); Burdick, The Essentials of Business Law (New York, 1902); Kerr, A Treatise on the Law of Fraud and Mistake (London, 1902).  MISRULE, A mock dignitary who presided over the Christmas revels of the Middle Ages. He was assisted by a staff of from twenty to sixty officials, and furnished with musicians, dragons, hobby-horses, and other paraphernalia of fun. In Scotland he was sometimes known as the Abbot of Unreason, in France as l'Abbé de Liesse. See.  MISSAL (ML. missale, from missalis, relating to the mass, from missa, mass). The book which contains the prayers, lessons, and rubrics of the mass in the Roman Catholic Church. Until the Middle Ages the various parts of the service were distributed in separate books, according to the part taken by the assistants; the parts which the celebrant alone recited in the mass and other sacraments were contained in the Liber Sacramentorum, or sacramentary. But when low masses became more frequent, and the celebrant had to say practically the whole service, the parts were collected into one book called Missale Plenarium. These complete missals have been in use since the sixth century. By the twelfth, the Roman liturgy was in use generally throughout Western Europe; but a number of provinces and dioceses had their own missals. The disadvantages of this diversity in liturgical use caused numerous requests to be made to the Council of Trent for a reform in the matter. The Council appointed a commission on the subject in 1562, and as they had not concluded their labors by the last session, left the decision in the hands of the Pope. The commissioners, among whom was Thomas Goldwell, Bishop of Saint Asaph in Wales, were not instructed to compile a new missal, but by examination of ancient manuscripts to reconstruct the Roman missal according to the rites and customs of the Fathers. Pius V. authorized the missal which was the result of their work by the bull Quo primum of 1570, commanding its universal use in places which could not show a prescription of 200 years for their local uses. Thus the older Orders, such as the Carthusians and Dominicans, preserved their traditional rites; and the Ambrosian missal held its ground in the Diocese of Milan. Further revisions took place under Clement VIII. in 1604 and Urban VIII. in 1634; later revisions, as by Leo XIII. in 1884 and 1898, have touched merely matters of detail, principally in the rubrics. Besides these and the tables which are in the beginning of the book, it includes the proper of the seasons, i.e. the service for the Sundays and greater festivals; the proper of saints, arranged in the order of the civil calendar from Saint Andrew’s Day, which regulates the beginning of Advent and thus of the ecclesiastical year; and the common of saints, the services for those days which have no special mass. The central and invariable parts, known as the Ordo and Canon Missæ, come before the service for Easter Day. The older local missals, especially the French and English, are of great interest to liturgical students. No new attempts have been made to construct such books in the Catholic Church except by some French bishops under Jansenist influence about the end of the seventeenth century; these held their own in certain places even as late as the middle of the nineteenth century, when they were all laid aside, largely through the influence of the celebrated scholar Dom Guéranger. Consult authorities referred to under ; and for the old English missals, Maskell, The Ancient Liturgy of the Church of England, according to the use of Sarum, York, Hereford, and Bangor (3d ed., Oxford, 1882). See also.  MISSI (Lat., those sent). Officials sent out by the Frankish kings for special purposes. Under Charles the Great the missi dominici were the Emperor’s special representatives. The Empire was divided into a number of districts; into each district each year two missi, one a lay noble, the other an officer of the Church, were sent to hold court, hear complaints, redress grievances, and make a special report to the Emperor. By this means Charles sought to control the counts and to centralize the government. The enquêteurs, employed by Saint Louis, had similar functions. Consult Adams, Civilization During the Middle Ages (New York, 1894).  MISSING LINK. A term used to designate the stage assumed to intervene in evolution between the ape and man, and in a more general sense any hypothetical form intermediate between two actual forms of life.  MISSION (Lat. missio, a sending, from mittere, to send). In the singular, a term used by Roman Catholics and Anglicans to designate a series of special services lasting usually for at least a week, intended to call sinners to repentance, and to deepen the spiritual life of the faithful; somewhat analogous to what is known as a revival among Protestants. In the Roman Catholic Church such work was constantly carried on by some of the most famous saints, such as Francis of Assisi, Dominic, Carlo Borromeo, Francis de Sales, Vincent de Paul, and Alfonso Liguori. The two last especially founded their congregations (see ; ) for such a purpose. In modern times the means employed and the order of exercises have become more systematic. Fervent preaching by the missioners, who are usually members of some religious order, is the salient 