Page images
PDF
EPUB

Westminster

hold more advowsons

estate, or securities for money to be laid out or disposed of in the purchase of any lands, tenements or hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time from and after the said twentyfourth day of June one thousand seven hundred and thirty-six, be made in any other manner or form than by this act is directed and appointed, shall be absolutely, and to all intents and purposes, null and void.

IV. Provided always, that this act shall not extend, or be construed to extend, to make void the dispositions of any lands, tenements or hereditaments, or of any personal estate to be laid out in the purchase of any lands, tenements or hereditaments, which shall be made in any other manner or form than by this act is directed, to or in trust for either of the two universities within that part of Great Britain called England, or any of the colleges or houses of But not to learning within either of the said universities, or to or in trust for the prejudice the colleges of Eton, Winchester, or Westminster, or any or either of sities, or the them, for the better support and maintenance of the scholars only Eton, Winupon the foundations of the said colleges of Eton, Winchester, and chester, or Westminster.

V. Provided nevertheless, and be it enacted by the authority No college to aforesaid, that no such college or house of learning, which doth or shall hold or enjoy so many advowsons of ecclesiastical benefices as than shall be are or shall be equal in number to one moiety of the fellows or equal to one persons usually styled or reputed as fellows, or, where there are or their fellows, shall be no fellows or persons usually styled or reputed as fellows, to one moiety of the students upon the foundation, whereof any such college or house of learning doth or may by the present constitution of such college or house of learning consist, shall from and after the twenty-fourth day of June one thousand seven hundred and thirtysix, be capable of purchasing, acquiring, receiving, taking, holding or enjoying any other advowsons of ecclesiastical benefices by any means whatsoever; the advowsons of such ecclesiastical benefices as are annexed to, or given for the benefit or better support of the headships of any of the said colleges or houses of learning, not being computed in the number of advowsons hereby limited.

VI. Provided always, that nothing in this act contained shall This act not extend or be construed to extend to the disposition, grant or settle- estates in ment of any estate real or personal, lying or being within that part Scotland. of Great Britain called Scotland.

43 GEORGE 3, CAP. 108.—An act to promote the building, repairing, or otherwise providing of churches and chapels, and of houses for the residence of ministers, and the providing of church-yards and glebes.See Title “ CHURCH BUILDING, ENGLAND," vol. ii. p. 47.

45 GEORGE 3, CAP. 101.-An act to repeal so much of an act, passed in the ninth year of the reign of his late majesty king George the second, intituled, an act to restrain the disposition of lands, whereby the same become unalienable, as restrains colleges within the two universities of Oxford and Cambridge from purchasing or holding advowsons, except as therein is provided.–Šee Title—“Avvowsons, p. 108.

&c.

vol. i.

3 & 4 VICTORIA, CAP. 60.-An act to further amend the church building acts.-See Title—“CHURCH BUILDING, ENGLAND," vol. ii.

p. 165.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1811.

MORTUARIES.

13 EDWARD 1, STAT 4. CIRCUMSPECTE AGATIS.— Certain cases wherein the king's prohibition doth not lie.-See Title—“ECCLESIASTICAL COURTS, ENGLAND,” vol. iii. p. 1.

26 HENRY 8, CAP. 15.To avoid exactions taken by spiritual men in the archdeaconry of Richmond.—See Title—“ CHURCH, HER RIGHTS AND LIBERTIES,” vol. i.

P:

527. 21 Henry 8, CAP. 6.— Where mortuaries ought to be paid, for what persons, and how much; and in what case none is due. —Foras- 13 Co. 9. much as question, ambiguity, and doubt is chanced and risen upon Thinking in the order, manner, and form of demanding, receiving, and claiming certainty of mortuaries, otherwise called corse presents, as well for the great- paid for ness and value of the same, which, as hath lately been taken, is mortuaries. thought over excessive to the poor people and other persons of this realm, as also for that such mortuaries or corse presents have been demanded and levied, for such as at the time of their death have had no property in any goods or chattels, and many times for travelling and wayfaring men, in the places where they have fortuned to die; to the intent that all doubt, contention, and uncertainty herein may be removed, and as well the generality of the king's people therein remedied, as also of the parsons, vicars, parish priests, curates, and other having interest in such mortuaries and corse presents indifferently provided for :

II. Be it therefore enacted, ordained, and established by the king our sovereign lord, and the lords spiritual and temporal, and the commons, of this parliament assembled, and by authority of the same, that from the first day of April, in the year of our Lord God one thousand five hundred and thirty, no parson, vicar, curate, nor parish priest, nor any other spiritual person, nor their farmers, bailiffs, nor lessees, shall take, receive, or demand of any person or persons within this realm, for any person or persons dying within the same, any manner mortuary or corse present, nor any sum or sums of money, nor any other thing for the same, more than is hereafter mentioned; nor also shall convent or call any person or persons before any judge spiritual, for the recovery of any such mortuaries or corse presents, or any other thing for the same, more than is hereafter mentioned, upon pain to forfeit for every time so The penalty demanding, receiving, taking, or conventing, or calling any such of him that person or persons before any spiritual judge, so much in value as any person

to pay for a they shall take above the sum limited by this act, and over that

mortuary forty shillings to the party grieved contrary to this act; for the more than which forfeiture the party so grieved contrary to this act, shall have an action of debt, by writ, bill, plaint, or information in any of the king's courts, wherein no wager of law, essoin, nor protection shall be allowed.

III. First it is ordained, established, and enacted, that no manner No mortuary of mortuary shall be taken or demanded of any person whatsoever goods be

is due.

under ten marks.

mortuaries have been. But one

one person.

the parson, &c. for all

A woman covert; a

he be, which at the time of his death hath in moveable goods under Cro. El. 151. the value of ten marks.

Also that no mortuary shall be given Cro. Car. 237. asked, or demanded from henceforth of any manner person, but only Due whereary in such place where heretofore mortuaries have been used to be paid

and given, and in those places none otherwise but after the rate and

form hereafter mentioned. Nor that any person pay mortuaries in mortuary for

more places than one, that is to say, in the places of their most The duty of dwelling and habitation, and there but one mortuary. Nor no par

son, vicar, curate, parish priest, or other, shall for any person dying mortuaries. or dead, and being at the time of his death of the value in moveable

goods of ten marks, or more, clearly above his debts paid, and under the sum of thirty pounds, take for a mortuary above three and four. pence in the whole. And for a person dying or dead, being at the time of his death of the value of thirty pounds or above clearly, above his debts paid in moveable goods, and under the value of forty pounds, there shall no more be taken or demanded, for a mortuary than six shillings and eight-pence in the whole. And for any person dying or dead, having at the time of his death of the value in moveable goods of forty pounds or above, to any sum whatsoever it be, clearly above his debts paid, there shall be no more taken, paid, or demanded for a mortuary than ten shillings in the whole.

IV. Provided alway, that for no woman being covert baron, nor child, or per

child, nor for any person not keeping house, any manner mortuary son keeping be paid, nor that any parson, vicar, curate, parish priest or other, no house, shall pay no

ask, demand, or take for any such woman, child, or for any person mortuary. not keeping house, dying or dead, any manner thing or money, by A wayfaring way of mortuary; nor also for any wayfaring man, or other, that

dwelleth not, nor maketh residence in the place where they shall happen to die, but that the mortuary of such wayfaring persons be answerable in places where mortuaries be accustomed to be paid

, and in manner and form, and after the rate before mentioned, and none otherwise, in the place or places where such wayfaring persons at the time of their death had their most habitation, house, and

dwelling places, and no where else. A legacy bequeathed to

V. Provided alway, that it shall be lawful to all manner parsons, a parson, &c. vicars, curates, parish priests, and other spiritual persons, to take

and receive any manner sum of money, or other thing, which by any person dying shall fortune to be disposed, given, or bequeathed unto them, or any of them, or to the high altar of the church; this act, or any thing herein mentioned notwithstanding.

VI. And be it also enacted by the authority aforesaid, that no ries in Wales mortuaries nor corse presents, nor any sum or sums of money, or Berwick, other thing, for any mortuary or corse present, shall be demanded,

taken, received, or had in the parts of Wales, nor in the marches of the same, nor in the towns of Calais or Berwick, nor in the marches of the same, but only in such parts and places of Wales, marches and towns aforesaid, where mortuaries have been accustomed to be taken and paid ; and in those parts and places no mortuaries nor corse presents, nor any other thing for mortuary or corse present from henceforth shall be demanded, taken, received, or had, but only after the form, order, and manner above specified in this present act, and none otherwise, nor of any

person or persons than

other

man, or that maketh no residence where he dieth.

or to the altar,

No mortua

is limited by this present act, upon the pain above contained in this present act.

VII. Provided also, that it shall be lawful to the bishops of Mortuaries Bangor, Llandaff, Saint David's, and Saint Asaph, and likewise to by the the archdeacon of Chester, to take such mortuaries of the priests bishops of within their dioceses and jurisdictions, as heretofore have been David, st. accustomed. Provided also, that in such places where mortuaries Asapalra fes have been accustomed to be taken of less value than is aforesaid, pealed by 12 that no person shall be compelled to pay in any such place any places where other mortuary, or more for any mortuary than hath been accus- mortuaries tomed, nor that any mortuary in such place shall be demanded, less value. taken, received, or had of any person or persons exempt by this act, nor in anywise contrary to this act, upon the pain afore limited.

12 ANNE, STAT. 2, Cap. 6.-An act for taking away mortuaries uithin the dioceses of Bangor, Llandaff, Saint David's, and Saint Asaph, and giving a recompense therefore to the bishops of the said respective dioceses: and for confirming several letters patents granted by her majesty, for perpetually annering a prebend of Gloucester to the mastership of Pembroke college in Oxford; and a prebend of Rochester to the prorostship of Oriel college in Oxford ; and a prebend of Norwich to the mastership of Catherine hall in Cambridge.—Whereas by an act of parliament passed in the one and twentieth year of the reign of the 21 H. 8, c. 6, late king Henry the eighth, intituled, an act where mortuaries ought to sec. 7. be paid, for what persons, and how much, and in what case none is due, and by a proviso or clause therein contained, it is provided (among other things) that it shall be lawful to the bishops of Bangor, Llandaff, Saint David's, and Saint Asaph, to take such mortuaries of the priests within their dioceses and jurisdictions as thentofore had been accustomed; and the bishops of the said dioceses for the time being have accordingly used to demand and take, and continue to demand and take mortuaries upon the death of any clergyman within their said dioceses and jurisdictions; which said mortuaries consisting of several of the best goods of the deceased, do oftentimes amount to a very considerable part of his estate, and the payment thereof does very much lessen that small provision which generally the clergy of those dioceses are able to make for the support of their families, and tends to the great impoverishing of the same: for the remedying whereof for the future, and for abolishing and taking away all mortuaries or corse presents, and the custom or usage of taking and paying mortuaries or corse presents upon the death of clergymen within the said dioceses and jurisdictions: and to the end a reasonable recompense and satisfaction for the same may be provided and established for the bishops of the said dioceses for

ever; be it therefore enacted by the queen's most excellent ma- The clause jesty, by and with the advice and consent of the lords spiritual and in the recited temporal, and of the commons, in this present parliament assembled, it relates to

the taking and by the authority of the same, that the said proviso or clause in the said act, and all and every proviso or clause in the same act, so ary in the far as the same do or doth relate to the taking any mortuary or corse Bangor, present upon the death of any clergyman within the said respective Llandair, st. dioceses or jurisdictions, shalí immediately, from and after the re- St. Asaph, spective times hereinafter mentioned, that is to say, within the said repealed.

any mortu

« PreviousContinue »