A church dictionary

by Walter Farquhar Hook

In England and Wales there were, in 1851, reported by the Census officers as many as 222 places of worship belonging to this body—most of them however being merely rooms. The number of sittings in these places (making an allowance for 53, the accommodation in which was not returned,) was 30,783. The attendance on the Census Sunday (making an estimated addition for 9 chapels from which no intelligence on this point was received) was: Morning, 7,517; Afternoon, 11,481; Evening, 16,628. The preachers, it appears, are far from unsuccessful in their efforts to obtain disciples: the surprising confidence and zeal with which they promulgate their creed—the prominence they give to the exciting topics of the speedy coming of the Saviour and his personal millennial reign—and the attractiveness to many minds of the idea of an infallible church, relying for its evidences and its guidance upon revelations made perpetually to its rulers,—these, with other influences, have combined to give the Mormon movement a position and importance with the working classes, which, perhaps, should draw to it much more than it has yet received of the attention of our public teachers.

MORTAL SIN. (See Deadly Sin.)

MORTIFICATION. Any severe penance observed on a religious account. The mortification of sin in believers is a duty enjoined in the sacred Scriptures. (Rom viii. 13; Col. iii. 5.) It consists in breaking the league with sin; declaration of open hostility against it; and strong resistance to it. (Eph. vi. 10, &c.; Gal. v. 24; Rom. viii. 13.)

MORTMAIN. This is where lands are given to some spiritual person or corporation and to their successors; and because the lands were never to revert to the donor, or his heirs, and by that means the services and other profits due for the same were extinct, therefore it was called a gift mortua manu.

The first statute against mortmain was that of Magna Charta, (9 Hen. III. c. 36,) which declares, “that if any one shall give lands to a religious house, the grant shall be void, and the land forfeited to the lord of the fee.” The next was the 7 Edw. I. stat. ii., commonly called the statute “De Religiosis,” which restrained people, at the time of their death or otherwise, from giving or making over any lands or rents to churches or religious houses, without the king’s leave first obtained. This is called the statute of mortmain; but being evaded, the 13 of Edw. I. was passed, and afterwards by the 15 Rich. II. c. 5, it was declared, “that it was within the compass of the statute of Edward I. to convert any land into a churchyard, though it be done with the consent or connivance of the ter-tenant, and confirmed by the pope’s bull.

This last statute extended only to bodies corporate, and, therefore, by the 23 Hen. VIII. c. 10, it is enacted, “that if any grants of lands or other hereditaments should be made in trust to the use of any churches, chapels, churchwardens, guilds, fraternities, &c., to have perpetual obits, or a continual service of a priest for ever, or for sixty or eighty years, or to such like uses or intents, all such uses, intents, and purposes shall be void; they being no corporations, but erected either of devotion, or else by the common consent of the people; and all collateral assurances made for defeating this statute shall be void, and the said statute shall be expounded most beneficially for the destruction of such uses as aforesaid.”

Though the prohibition by the statute of mortmain in the Magna Charta was absolute, yet a royal charter of licence (18 Edw. III. stat. iii. c. 3) afforded relaxation of the restraint, and by the 17 Car. II. c. 3, the following relief was granted:—“Every owner of any impropriations, tithes, or portion of tithes, in any parish or chapelry, may give and annex the same, or any part thereof, unto the parsonage or vicarage of the said parish church or chapel where the same do lie or arise; or settle the same in trust for the benefit of the said parsonage or vicarage, or of the curate and curates there successively, where the parsonage is impropriate and no vicar endowed, without any licence of mortmain.

“And if the settled maintenance of any parsonage, vicarages, churches, and chapels united, or of any other parsonage or vicarage with cure, shall not amount to the full sum of £100 a year clear and above all charges and reprises, it shall be lawful for the parson, vicar, and incumbent of the same, and his successors, to take and purchase to him and his successors lands and tenements, rents, tithes, or other hereditaments, without any licence of mortmain.” This dispensing power was carried so high in the reign of King James II., that by the 1 Wm. III. sess. ii. c. 2, it was enacted, that no dispensation, by “non obstante,” to any statute shall be allowed. By the 7 & 8 Wm. III. c. 37, and 2 & 3 Anne, c. 11, certain relaxations were again made; but by the 9 Geo. II. c. 36, further restraints were imposed, which render it impossible for the Church of England to augment poor livings, under the provisions of 17 Car. II. c. 3, already recited.

By 12 & 13 Vict. c. 49, s. 4, grants of land for sites of schools, not exceeding five acres, made by owners or tenants in tail are valid, although the grantor die within twelve months.

MORTUARY, (Mortuarium,) in the English ecclesiastical law, is a gift left by a man at his death to his parish church, in recompence of personal tithes omitted to be paid in his lifetime; or, it is that beast, or other cattle, which, after the death of the owner, by the custom of the place, is due to the parson or vicar, in lieu of tithes or offerings forgot, or not well and truly paid by him that is dead.