Page:Ruffhead - The Statutes at Large - vol 2.djvu/178

 73 Co. 9. The Caufes of 140 C. 6. Anno vicefimo primo Henrici VIII. A* D. 1529. Co. pi. f. 166. Sterling, whereof the One Moiety fhall be to the King our Sovereign Lord, and the other Moiety to th e Raft. pi. f. 603. p art y grieved in that Behalf, that will fue by Action of Debt, Bill, Information, or otherwife in any of the King's Courts, for the Recovery of the fame; in which Action no Efloin, Protection, nor Wager of Law fhall be admitted or allowed. (3) And that every of the fame Bifbops, and other Perfons, which fhall hereafter incur or fall into the Dangers of fuch Penalty or Forfeiture, fhall be charged only by him- felf, and none of them to be chargeable to that Penalty for other's Offence. An Ordinary VIII. Provided alway, That this prefent Act be not prejudicial to any Ordinary, or any other Perfon,- may convent w hich now have, or hereafter fhall have Authority for Probate of Teftaments, but that every of them fhall E rov U the Tef- ant ^ ma y convent before them all and every Perfon or Perfons made and named Executor or Executors of uTo^'sWiii^and any Teftament to the Intent to prove or refufe the Teftament or Teftaments of their Teftator orTeftators, to bring in their and to bring in Inventories, and to do every other Thing concerning the fame, as they might do before the I(iventary. making of this Act; (2) fo that always any fuch Ordinary, or other Perfon or Perfons having fuch Au- thority, by themfelves, their Commiftaries, Scribes, Regifters, or other Minifters aforefaid, fhall not in ., any wife take for the fame above the Fees limited by this Act, ne in any wife attempt any Thing con- aTL 2^hTV' trar y to an y P art °f the f ame Act.. c. 15. And fee 43 El, c. 8. 22 & 43 Car. z. c. JO. 29 Car. 2, c 3. 1 Jac. 2. c. 17. and 14 Gee. 2. c. 20. concerning Ordinary and Adm'wifiraton. CAP. VI. Where Mortuaries ought to be paid, for what Perfons, and how much; and in what Cafe none is due. FOrafmuch as Queftion, Ambiguity, and Doubt is chanced and rifen upon the Order, Manner, and Form of demanding, receiving, and claiming of Mortuaries, otherwife called Corfe Prefents, as well limiting in Cer- ' f or the Qreatnefs and Value of the fame, which, as hath lately been taken, is thought over-exceffive to ^"udfo Mc - ' t ^ le P oor P eo P^ e an d other Perfons of this Realm, (2) as alfo for that fuch Mortuaries or Corfe Prefents tuaries. " ' have been demanded and levied, for fuch as at the Time of their Death have had no Property in any ' fortuned to die; (3) to the Intent that all Doubt, Contention, and Incertainty herein may be removed, and ' Curates, and other having Intereft in fuch Mortuaries and Corfe Prefents indifferently provided for:' II. Be it therefore enacted, ordained, and eftablifhed by the King our Sovereign Lord, and the Lords Spiritual and Temporal, and the Commons, of this Parliament affembled, and by Authority of the fame, That from the firft Day of April, in the Year of our Lord God M.D.XXX. no Parfon, Vicar, Curate, nor Parifh Prieft, ne any other Spiritual Perfon, nor their Fermors, Bailiffs, norLefiees, fhall take, receive, or demand of any Perfon or Perfons within this Realm, for any Perfon or Perfons dying within the fame, any Manner Mortuary or Corfe Prefent, ne any Sum or Sums of Money, ne any other Thing for the fame, more than is hereafter mentioned; (2) ne alfo fhall convent or call any Perfon or Perfons before any Judge Spiritual, for the Recovery of any fuch Mortuaries or Corfe Prefents, or any other Thing for the fame, The Penalty of more than is hereafter mentioned, (3) upon Pain to forfeit for every Time fo demanding, receiving, ta- him that con- king, or conventing, or calling any fuch Perfon or Perfons before any Spiritual Judge, fo much inV a 'ue as venteth anyPer- the y fl la ]i i? ^ e aDOVe the Sum limited by this Act, and over that, xl. s. to the Party grieved contrary to this Mor'uarTmore A & > for the which Forfeiture the Party fo grieved contrary to this Act, fhall have an Action of Debt, than is due. by Writ, Bill, Plaint, or Information in any of the King's Courts, wherein no Wager of Law, Eflbih, nor Protection fhall be allowed. No Mortuary HI. Firft it is ordained, eftablifhed, and enacted, That no Manner of Mortuary fhall be taken or de- wiicrcihe Goods manc j e( j Q f any p er f on w hatfoever he be, which at the Time of his Death hath in moveable Goods under Marks'!"- the Value of .v. Marks. (2) Alfo that no Mortuary fhall be given, afked, or demanded from henceforth of Cn.E'L.iti. any Manner Perfon, but only in fuch Place where heretofore Mortuaries have been ufed to be paid and Cro. Car. 23^. given, and in thofe Places none otherwife but after the Rate and Form hereafter mentioned. (3) Ne that NoKortuary but anyPerfon pay Mortuaries in more Places than One, that is to fay, in the Places of their moft Dwelling where Mortu- an j Habitation, and there but one Mortuary. (4) Nor no Parfon, Vicar, Curate, Parifh Prieft, or other, BulVne Mortu- ma ^ f° r an Y Perfon dying or dead, and being at the Time of his Death of the Value in moveable Goods ary for one Per- of x. Marks, or more, clearly above his Debts paid, and under the Sum of xxx. li. take for a Mortuary fon. above Hi. iv.d. in the whole. (5) And for a Perfon dying or dead, being at the Time of his Death of The Duty of the Value of xxx. li. or above clearly, above his Debts paid in moveable Goods, and under the Value of*-/. //. f he ^'lMortu'^ there fhall no more be taken or demanded, for a Mortuary than vi.s. viii^d. in the whole. (6) And for aries _ any Perfon dying or dead, having at the Time of his Death of the Value in moveable Goods of xl. li. or. above, to any Sum whatfoever it be, clearly above his Debts paid, there fhall be no more taken, paid, or demanded for a Mortuary than xs. in the whole. A Woman Co- IV. 'Provided alway, That for no Woman being Covert Baron, nor Child, ne for any Perfon not keep- •yeit, a Child, or ing Houfe, any Manner Mortuary be paid, ne that any Parfon, Vicar, Curate, Parifh Prieft or other, afk, Peribn keeping demand, or take for any fuch Woman, Child, or for any Perfon not keeping Houfe, dying or dead, any nq Houie, ft^ Manner Thing or Money, by Way of Mortuary; (2) ne alfo for any wayfaring Man, or other, that ^ ' dwelleth not, ne maketh Refidence in the Place where they fhall happen to die, but that the Mortuary of A wayfaring fuch way-faring Perfons be anfwerable in Places where Mortuaries be accuftomed to be paid, and in Man- Man, or that ner and Form, and after the Rate before mentioned, and none otherwife, in the Place or Places where fuch makeih no Re- W ay^faring Perfons at the Time of their Death had their moft Habitation, Houfe, and Dwelling-- places* uSa and no where elfe * Y. Provided
 * Goods or Chatties, and many Times for travelling and wayfaring Men,, in the Places where they have
 * as well the Generality of the King's People therein remedied, as alfo of the Parfons Vicars, Parifh Priefts,