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Updated: May 19, 2025
Directly under its control the Church had thus acquired in mortmain over two million arpents, while the lay landowners of the colony had secured only about three times as much. It held about one-quarter of all the granted lands, so that its position in Canada was relatively much stronger than in France. These lands came from the king or his colonial representatives by royal patent.
I submitted this delicate question to a very intelligent, very honourable, and very wealthy man, who farms several thousand acres of Church property. The following is the substance of his reply. "Six-tenths of the Agro Romano are held in mortmain. Three-tenths belong to the princely families, and the remaining tenth to different individuals. "I hold under a religious community.
The most important of these were the First and Second Statutes of Westminster, in 1275 and 1285, which made provisions for good order in the country, for the protection of merchants, and for other objects; the Statute of Mortmain, passed in 1279, which put a partial stop to injurious gifts of land to the church, and the Statute Quia Emptores, passed in 1290, which was intended to prevent the excessive multiplication of subtenants.
In the south, Venice had almost drawn her sword against the pope in her settled resolution to put down the Jesuits and to clip the wings of the church party, before, with bequests and donations, votive churches and magnificent monasteries, four-fifths of the domains of the republic should fall into mortmain, as was already the case in Brabant.
Already, however, the legal tongues are wagging, and one young law student is loudly asserting that the rights of the owner are already completely sacrificed, his property being held in contravention of the statues of mortmain, since the tiller, as emblemship, if not proof, of delegated possession, is held in a dead hand.
Finally, there is a chapter on mortmain, recognizing that land might not be given to monasteries or religious houses, and particularly under a secret trust; the object being to keep the land, which made the power of the realm, out of the hands of the church.
In the south, Venice had almost drawn her sword against the pope in her settled resolution to put down the Jesuits and to clip the wings of the church party, before, with bequests and donations, votive churches and magnificent monasteries, four-fifths of the domains of the republic should fall into mortmain, as was already the case in Brabant.
It is also interesting that this early statute refers to the pope as "the Bishop of Rome" but only as printed since 1543. The Statute of Mortmain, aimed at the holding of land in large quantities by religious corporations, was a true constructive statute, and the principle it establishes has grown ever since.
He furthur advocated comprehensive land reforms, including free transfer, facility of registration, and the uprooting of mortmain." Mr. Gladstone was returned again for Midlothian by an overwhelming majority. The elections resulted in the return of 333 Liberals, 249 Conservatives, 86 Parnellites, and 2 Independents. The Liberals thus secured a substantial triumph.
Care was taken, however, to avail of the dispensation granted by the Holy See, whereby those who had obtained possession of the property of churches and monasteries should not be disturbed, although it was enacted that none of the laymen who had obtained such grants could plead the rights of exemption enjoyed by some of their former owners against the jurisdiction of the bishops, and that notwithstanding the Statutes of Mortmain those who then held "manors, tenements, parsonages, tithes, pensions or other hereditaments" might bequeath or devise them to any spiritual body corporate in the kingdom, such clause to have the force of law for twenty years.
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