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. Selden tells us, it was usual anciently to bring the mortuary along with the corpse, when it came to be buried, and to offer it to the Church as a satisfaction for the supposed negligence and omi ion the deceased had been guilty of in not paying his personal tithes; and from thence it was called a corpse present. A mortuary is not properly due to an ecclesiastical incumbent from any but those of his own parish; but by custom, in some places, they are paid to the incumbents of other parishes, when corpses are carried through them. The bishops of Bangor, Landaff, St. David’s, . had formerly mortuaries of priests, abolished by 12 Anne, stat. ii. c. 6. And it was customary, in the diocese of Chester, for the bishop to have a mortuary, on the death of every priest dying within the archdeaconry of Chester, of his best beast, saddle and bridle, and best gown or cloak, hat, and upper garment under the gown. By 28 Geo. II. c. 6, mortuaries in the diocese of Chester were abolished, and the rectory of Waverton attached to the see in lieu thereof. By the 21 Hen. VIII. c. 6, mortuaries were commuted into money payments, which were regulated as follows:—“No parson, vicar, curate, parish priest, or other, shall for any person dying 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 £30, take for a mortuary above 3 s. 4 d. in the whole. And for a person dying or dead, being at the time of his death of the value of £30 or above, clearly above his debts paid, in moveable goods, and under the value of £40, there shall no more be taken or demanded for a mortuary, than 6 s. 8 d. in the whole. And for any person dying or dead, having at the time of his death of the value in moveable goods of £40 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 10 s. in the whole. The Welsh bishoprics and the diocese of Chester were excepted from the operation of this statute, and therefore subsequent acts were pa ed with respect to them.