Mortuaries Act 1529

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The Mortuaries Act 1529 [a]
Act of Parliament
Coat of Arms of Henry VIII of England (1509-1547).svg
Parliament of England
Long title An Acte concerninge the takinge of Mortuaries or demaundinge receivinge or clayminge of the same. [b]
Citation 21 Hen. 8. c. 6
Territorial extent  England and Wales
Dates
Royal assent 17 December 1529
Commencement 1 April 1530 [c]
Repealed1 March 1965
Other legislation
Amended by
Repealed by Ecclesiastical Jurisdiction Measure 1963
Status: Repealed
Text of statute as originally enacted

The Mortuaries Act 1529 [a] (21 Hen. 8. c. 6), sometimes called the Statute of Mortuaries [1] was an act of the Parliament of England. It was one of the "anti-clerical" acts meant to reduce the power of the clergy, passed along with the Probate Act to limit the fees that the clerical courts could collect. [2] [3]

Contents

Such fees had been the source of dispute, for example, in Hunne's Case. In connection with that case it was suggested the clergy had murdered a father who was accused of heresy after he lost a court case over unpaid mortuary fees for his deceased child. [4]

The act put limits on the amount of mortuary fees based on the amount of assets of the deceased, abolished fees for married women and children, and called for payment of fees for deceased travellers in the place of their usual habitation. [3]

The whole act was repealed by section 87 of, and Schedule 5 to, the Ecclesiastical Jurisdiction Measure 1963 (No. 1). [3]

Section 1

In this section, the words of commencement and the words "of det by writ byll plaint" were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).

Notes

  1. 1 2 The citation of this act by this short title was authorised by section 5 of, and schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ These words are printed against this act in the second column of schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. ↑ Section 1.

References

  1. ↑ 12 The Reliquary 149
  2. ↑ Arthur D. Innes (1900). Cranmer and The Reformation In England. T Amp T. Clark. p. 58.
  3. 1 2 3 Geoffrey De C. Parmiter (1967). The King S Great Matter A Study Of Anglo Papal Relations 1527 1534. Universal Digital Library. Barnes & Noble, Inc. p. 118.
  4. ↑ McBride, Gordon K. (January 1969). "Once Again, The Case of Richard Hunne" . Albion. 1 (1): 19–29. doi:10.2307/4048172. ISSN   0095-1390. JSTOR   4048172.
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