Page:The New International Encyclopædia 1st ed. v. 14.djvu/42

MORTARA. 30 MORTGAGE. Momolo Mortara, a resident of Bologna, and, as was said, was forcibly taken from his father's liouse on June 23, 1808, by the authorities on the ground that he had been baptized into Chris- tianity by a Roman Catholic maid-servant. The efforts of tiie parents to recover the boy aroused mucli sympathy, but were unsuccessful. Ap- jiarcntly of his own choice, he remained with the Church authorities, was educated for tlie priest- hood, became an Augustinian monk, and preached his first sermon in 1874. Consult Thv True Story of theJeu--ish Boy Edfiar Mortara (London, 18G0). MORTAR VESSEL. A vessel fitted for carrying and operating a mortar. tSuch a vessel requires good beam and a strong deck to resist the recoil of the mortar. During the Civil War schooners were used as mortar vessels. In Europe, ketch-built vessels were largely used for this purpose, the so-called bomb-keteli being a frequent adjunct to a fleet in c<mducting opera- tions against land defenses. Ketch-built vessels are not only stoutly framed and broad of beam, but the length of deck foi-ward of the masts gives ample room for working a mortar. MORTE D' ARTHUR, mort dar'tyr' (OF., the death of Arthur). The name applied, in slightly varying forms, to several versions of the Arthurian legend and cognate stories. (See Arthub.) There are two English metrical ro- mances of the name, each e.isting in a single manuscript, and probably based on French orig- inals. But in more than one vay the most im- portant work bearing this name is the celebrated reduction or blending by Sir Thomas Malory of French and English romances. It was completed in 14(i0 and first printed, by Caxton, in 1485. Of this edition but two copies exist, the only j)erfect one in Xew York: a scholarly reprint of it. with valuable editorial matter, was made by Sommer (London, 1889). Probably very ])opular for a time, this 'noble and joyous book,' as Caxton calls it. fell later into disrepute with an age out of harmony with its spirit, and was scornfully condemned by .scham in a well-known passage of The Sehnnlmaxler. But the nineteenth eentur}' recognized fully its extraordinary merits. "There was," says .Saintsbury. "at .scham's date, no more exquisite example of English prose in existence. There is not to this ilay a book, either in prose or in verse, which has more of the true romantic charm." .part from the- skillful combination of diverse elements to make a story, in which Malory shows little short of genius, his style, in its stately harmony and graceful pic- turesqneness, is most remarkable for its period. Indeed, he may l)e called the first English writer who shows a .sense of the rhythmical flow and gracious music of which the language is so richly capable. The book probably did more than any other influence to nationalize the .rthurian le- gend: and the poets, from Spenser to Tennyson (in the Idylla of the Kiufi), have drawn abun- <lantly <ui its treasures. The best modern edi- tions, besides that mentioned above, are by Rhys ( London, 1S!)4 I ; Wright! ib., IS.-)(i) ; Strachey ( ib., IHiiSi : and 1 ;(illanez,"TempleClassies" (ib., 11)00). MORTGAGE (OF. mortgaige, moriiaf/c, Fr. mortfiniir, fiiini morl, from Lnt. niortuus. dead, from iiiorr. Skt. mnr. to die + pfiqr. 'ML. rdiliiiiii, iradliim. from Ooth. irnrli. OTKi. irrtti. Oor. Wellr. AS. wrdrl. archaic Eng. trrii. Laf. rns, pledge. Lith. rarliiti, to redeem a pledge). Mort- gage is the conveyance or transfer of property, either real or personal as security for the payment; of a debt or the performance of a legal obligation. The debtor or obligor may, and usually does, retain possession of the property mortgaged — the validity of the security not depending upon possession as in the case of pledge (q.v.) and common-law lien (q.v.) This method of securing performance of an obligation was known to the ancient law: and under the civil law the dis- tinction was well settled between lii/pollieca, in which the property given as security renuiined in the possession of the debtor, and piynus, in which the property given as security was sur- rendered to the creditoi-. Some writers have attributed the origin of the common-law mortgage to the civil law, while otliers assert that it grew out of the common-law conditional gift. However this may be, the giv- ing of security by mortgage first became of im- portance at common law after the passage of the statute Quia Emptorcfi ( 18 Edward L), by which the restraints on alienation of lands held in fee were removed. ^Mortgages were then in form conditional grants, a form of gift or limitation peculiarly adapted to the giving of security without necessarily changing the possession of the security. At connnun law the owner of real estate might grant to anotlier any estate in fee with the right on the part of the grantor or his heirs to reenter upon the property and revest the title in the grantee or his heirs upon the happening of a specified condition. By making the condition of reentry the pay- ment of money or the performance of an obliga- tion due from the grantor to the grantee, all the essentials of a common-law mortgage were created. I 'pon payment of the sum due when due, the condition of tile grant orconviyance happened and title was thereby revested in the grantor or mortgagor. Init if the mortgagor failed to pay the mortgaged debt when due, performance of the condition thereafter became impossible, and the mortgagor tliereby lost all claim upon the mort- gaged ]>roperty. Equity early exercised its jurisdiction to miti- gate the harsh operation of the common-law rule relating to conditional conveyances by al- lowing the mortgagor wlio had failed to perform his obligation upon the due date (or the law day, as it was c:illed) to red<'em the mortgaged prop- erty tljion payment of the sum due with interest. But as a means of limiting this equitable right of the mortgagor, equity also gave to the mortgagee the right to cut ofT the right of redemption by foreclosure, which was an equitable suit asking a judicial declaration that the right to redeem had been forfeited. The modern law of mortgages, then, combines both legal and equitable doctrines: and many of its peculiarities, both of form and substance, will bo explained by reference to the historical development of the law. While the mortgage in niodi'rn practice may. for most purposes, be regarded only as a lien created in favor of the mortgagee, it is still in form a conveyance vest- ing the title of the properly in the mortgagee, and in the absence of statute, it is generally the rule that no mortgage valid at law can he created without a conveyance. It is usual to incorporate in the mortgage a clause providing for tlie defeasance of the title upon payment of the mortgage indebtedness, but,