ROLL OF THE DEAN AND CHAPTER OF LICHFIELD. 143 



altogether distinct from any funeral charge to the rector for 

 breaking the turf of the graveyard, wliich is technically his free- 

 hold. The mortuary, in its origin, was a gift left by a man at 

 his death to his parisli church as a set-off against any personal 

 tithes or offerings that had not been duly paid during his lifetime. 

 By custom, the voluntary and occasional offering became a 

 regular due in most districts, and eventually grew into an impost 

 that was enjoined both by civil* and ecclesiastical law in all 

 parishes where the custom had obtained. The mortuary of the 

 rector was the analogous liability to the heriot of the lord. From 

 being payable to the church, it became in impropriated parishes 

 the absentee rector's perquisite, unless expressly settled on the 

 vicar by the Ordinatio Vicarii. Hence they were payable 

 throughout the Peak to the official receiver for the Dean and 

 Chapter. 



These mortuaries came to be considered a charge /« rem rather 

 than in personatti, and hence assumed in most places a claim on 

 the second best beast that the defunct householder had possessed. 

 In some parishes sheep, pigs, geese, poultry, and even hives of 

 bees were thus claimed ; and in other places we have found 

 instances in medieval days of household furniture, such as chests, 

 being taken in default of beasts. 



After comparing this moituary roll with five or six others of 

 the same century that are extant at Lichfield, it becomes clear 

 that the custom in the Peak was as follows :— Firstly, that the 

 mortuary was levied on every householder and on every house- 

 holder's wife ; secondly, that it was the (second) best beast that 

 was taken, but the term beast confined to horses and cattle, and in 

 default of a beast that claim was made to the best wearing apparel 

 of the deceased. 



However much custom might vary, as it did most widely with 

 regard to these death payments, in one particular there was a 

 common use throughout England, namely, that a mortuary of a 

 beast could only be taken where the deceased had possessed 

 three, though not necessarily three of the same kind. Thus, for 



* Statute of Circiimxpecte agatis, 13 Edw. I. 



