Mortuarian. See Mortlary.
Mortuary (derived from mors, death) is, in Brit- ish ecclesiastical law. and usage, a gift which is oflTered to the minister upon the death of one of the parishion- ers. It was anciently the usage, Seklen tells us, to bring the mortuary to the church with the corpse; whence it took the name of corse-present, a name wliich shows that the payment of the mortuary was once voluntary, though so early as in the reign of Henry III we find that the custom was established. The mortuary was given by way of compensation for the tithes and ofTer- ings which the deceased had failed to pay in his life- time, and for the salvation of his soul. In the reign of Henry YIII the custom was found to be the cause of great exactions on the part of tlie clergy, and of expen- sive litigation. Accordingly the statute 21 Henry YIII, c. 6, was passed, by which it is enacted that niortuariea shall be taken in the following manner, unless where less or none is due by the custom, viz. : for every person who does not leave goods to the value of ten marks, nothing; for every person who leaves goods to the value of ten marks and under thirty pounds, 3s. id. ; if above tliirty and under forty pounds, (>s. Sd.; if above forty pounds, of wliat value soever tlie goods may be; 10*., and no more. It is enacted further that no mortuary shall be paid on the death of a married woman, nor for any cliild, nor for any one that is not a housekeeper, nor for any wayfaring man; but sucli wayfaring man's mortuary shall be paid in tlie jiarish to whicli he be- longed. This is the statute which regulates mortuaries
MORUS
667
MORVILLIER
at the present day (see Blackstone, Commentaries, ii, 42-1: ; Burns, Ecclesiastical Laic, title " Mortuary"). The purpose and mode of paying mortuaries anciently are given bj-^ Spelman. He says, "A mortuary was thus paid : the lord of the fee had the best beast of the de- funct, by way of a heriot, for the support of his body against secular enemies; and the parson of the parish had the second, as a mortuary for defending his soul against his spiritual adversaries.
Prior to the Reformation in Scotland, the popish priest, after a parishioner's death, claimed a cow and the corpse-cloth, or uppermost cloth — apparently the coverlet of the bed of the deceased. Forret, vicar of Dollar, had gained some new light, and began to preach to the people, and refuse also this customary present. Being sumrrtoned on suspicion of Lutheranism before the bishop of Dunkeld, the following colloquy took place :
" Bi'thop. 'My .joy dean Thomas ! I am informed that yoix ])reach the epistle or gospel every Sunday to your pariisliioners, and that you take not the cow nor the up- permost cloth from your parishioners, which thing is very prejudicial to the churchmen ; and therefore, my joy dean Thomas, I would you took your cow and your uppermost cloth, as other churchmen do, or else it is too much to preach every Sunday, for in so doiii;]^ you may make the people think that \vc shmilil jjreach likewise. But it is enough for you, when you lind any good epistle or any good gospel that setteth forth the liberty of the Holy Church, t<i preach that and let the rest be.''
" r/a- Murtiji: Thomas answered, 'My lord, I think that none of my parishioners will complain that 1 take not the cow nor the uijpermost cloth, but will gladly give me the same, together with any other thing that chey have; and I will give and communicate with them any- thing that I have; and so, my lord, we agree right well, and there is no discord among us. And whereas your lordsliip saith it is too much to preach every Sunday, in- deed I tliink ii is too little, and also would wish that your lordsliip did the like.'
" bitihop. 'Nay, nay, dean Thomas,' saith my lord, 'let that be, tor we are not ordained to preach.'
"Mart'ir. Then said Thomas, 'Whereas your lordship biddeth me to preach when I tind any good epistle or a good gospel, truly, my lord, I have read the New Testa- ment and the Old, and all the epistles and the gospels, and among them all I could never tind an evil epistle or an evil gospel; but if your lordship will show me the good epistle and the good gospel, and the evil epistle and the evil gospel, then I shall preach the good and omit the evil.'
"Binhnp. Then spake my lord stoutly, and said, 'I thank God that I never knew what the Old and New Tes- tament was [and of tliese words rose a proverb which is common in Scntlaiid, Ye are like the bishop of Dunkel- deiie, that knew neither new nor old law] ; therefore, dean Thomas, I will know nothing but my portiiese and my jiontitica!. Go your way, and let be all these fanta- sies; for if you persevere in these erroneous opinions, ye will rept^nt it when you may not mend it.'
'■^ Mdi-tiii-. 'I trust my cause to be jnst in the presence of find, and therefore I pass not much what do follow thereujjon.' "