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MORA.
woodcut immediate!}" underneath this exhibits the central portion of a very ancient and exquisitely wrought necklace, which was found at S. Agatha, near Naples, in the sepulchre of a Greek lady. It has 71 pendants. Above them is a band consisting of several rows of the close chain-work, which we now call Venetian. [catena.] We also give here the central portions, exhibiting the patterns of three splendid gold necklaces, purchased from the Prince of Canino for the British Museum. These were found in Etruscan tombs. The ornaments consist of circles, lozenges, rosettes, ivy-leaves, and hippocampi. A heart depends from the centre of one of the necklaces.
The necklace was sometimes made to resemble a serpent coiled about the neck of the wearer, as was the case with that given as a nuptial present by Venus to Harmonia, which was ornamented in so elaborate a manner, that Nonnus devotes 50 lines of his Dionysiaca (v. 125, &c.) to its description. This same necklace afterwards appears in the mythology as the bribe by which Eriphyle was tempted to betray her husband. (Apollodor. iii. 4. § 2, iii. 6. §§ 2—6 ; Diod. iv. 65, v. 49 ; Serv. in Aen. vi. 445.)
The beauty and splendour, as well as the value of necklaces, were enhanced by the insertion of pearls and precious stones, which were strung together by means of linen thread, silk, or wires and links of gold. For this purpose emeralds, or other stones of a greenish hue (smaragdi), were often employed (virides gemmae, Juv. vi. 363). Amber necklaces are mentioned in the Odyssey (xv. 459, xviii. 295). Some account of the various kinds of links is given in the article catena. The hooks or clasps for fastening the necklace behind the neck were also various, and sometimes neatly and ingeniously contrived. Besides a band encircling the neck, there was sometimes a second or even a third row of ornaments, which hung lower down, passing over the breast. (Horn. Hymn. ii. in Ven, 11 ; lonqa monilia, Ovid. Met. x. 264 ; Bottiger, Sabina, vol. ii. p. 129.)
Very valuable necklaces were sometimes placed, as dedicated offerings, upon the statues of Minerva, Venus, and other goddesses (Sueton. Galb. 18), and this was in accordance with the description of their attire given by the poets. (Horn. Hymn. i. in Ven. 88.) Horses and other favourite animals were also adorned with splendid necklaces (aurea, Virg. Aen. vii. 278 ; gemmata monilia, Ovid. Met. x. 113 ; Claudian, Epig. xxxvi. 9 ; A. Gell. v. 5). [torques.] [J. Y.]
MONOPODIUM. [mensa.]
MONOPTEROS. [templum.]
MONOXYLON. [navis.]
MONUMENTUM. [funus, p. 561, a.]
MORA. The fact of an obligatio not being discharged at the time when it is due, is followed by important consequences, which either may depend on the nature of the contract, or may depend on rules of positive law. After such delay the creditor is empowered to use all legal means to obtain satisfaction for his demand: he may bring his action against his debtor or against those who have become securities for him, and, in the case of pledge, he may sell the thing and pay himself out of the proceeds of the sale. For particular cases there are particular provisions : for instance, the purchaser of a thing after receiving it, must pay interest on the purchase-money, if there is delay in
MORTAR1UM.
paying it after the time fixed for payment. (Big. 1.9. tit. 1. s. 13. § 20.) The rule is the same as to debts due to the Fiscus, if they are not paid when they are due. If a colonus was behind in payment of his rent for two years, the owner (locator) might eject him (Dig. 19. tit. 2. s. 54. § 1): and a man lost the right to his emphyteusis, if he delayed the payment of what was due (canon) for three years. These were cases of delay in which there was simply a non-fulfilment of the obligatio at the proper time ; and the term Mora is sometimes applied to such cases. But that which is properly Mora is when there is delay on the part of him who owes a duty, and culpa can be imputed to him. Some modern writers are of opinion that all delay in a person discharging an obligatio is Mora, except there be some impediment which is created by causes beyond the debtor’s control. But there are many reasons for the opinion that Mora in its proper sense always implied some culpa on the part of the debtor. This is proved by the general rule as to the necessity of interpellatio or demand of the creditor (si interpellate opportune loco non solvent, quod apud judicem examinabitur) ; by the rules about excusationes a mora, which only have a meaning on the supposition that real mora is not always to be imputed to a man, though there may be delay in the discharge of an obligatio. That this is the true meaning of Mora is also shown by the terms used with reference to it (per eum stetit, per eum factum est quommus, &c.). This view is confirmed also by the rule that in every case of Mora the particular circumstances are to be considered, a rule which plainly implies that the bare fact of delav is not necessary to con-
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stitute Mora. In a passage of Papinian (Dig. 12. tit. 1. s. 5) the doctrine that bare delay does not constitute legal Mora is clearly expressed.
When Mora could be legally imputed to a man, he was liable to loss in many cases when he other wise would not be liable : as if a man was bound to give a thing and it was lost or destroyed, he was to bear the loss, if the fault was his, that is, if real culpose mora could be imputed to him. (Dig. 12. tit. 1. s. 5.) In cases where a man did not pay money when he ought, he was liable to pay interest if legal Mora could be imputed to him. In bonae fidei contractus interest (usurae) was due if there was legal mora. (Vangerow, Pan- dekten, &c. iii. p. 188 ; Thibaut, System,, £c. i. § 96, &c. ; Dig. 22. tit. 1.) [G. L.]
MORA. [exercitus, p. 483.]
MORTARIUM, also called PILA and PI-LUM (Plin. H.N. xviii. 3 ; xxxiii. 26), (fojuov: 47877, Schol. in Hes. Op. et Dies, 421 ; V-ySis, apparently from the root of iccre, to strike), a mortar.
Before the invention of mills [MoLA] corn was pounded and rubbed in mortars (pistuni), and hence the place for making bread, or the bakehouse, was called pistrinum. (Serv. in Virg. Ae». i. 179.) Also long after the introduction of mills this was an indispensable article of domestic furniture. (Plant. Aul. i. 2. 17 ; Cato, de Re Rust. 74 —76 ; Colum. de Re Rust. xii. 55.) Hesiod (I. c. enumerating the wooden utensils necessary to a farmer, directs him to cut a mortar three feet, and a pestle (virzpov,Koira.vov, pistillum} three cubits long. Both of these were evidently to be made from straight portions of the trunks or branches of trees, and the thicker and shorter of them was to be hollowed. They might then be used in the
