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Updated: May 19, 2025
"My lord," he said, "I know that in this country mortmain is held to apply to trinkets as well as to land, and it is quite clear to me that these jewels are, or should be, heirlooms in your family. I must beg you, accordingly, to take them to London with you, and to regard them simply as a portion of your property which has been restored to you under certain strange conditions.
But churchmen who hold or administer lands in mortmain, will never consent to such a salutary resolution. It does not profit them directly enough. As long as they have the upper hand, they will prefer their own ease, and the certainty of their income, to the future welfare of the people.
The points chiefly debated in the house of lords were the address of thanks for his majesty's speech, the mortmain bill, the Quakers' bill, which was thrown out, and that for the prevention of smuggling, which did not pass without division and protest.
'My lord, he said, 'I know that in this country mortmain is held to apply to trinkets as well as to land, and it is quite clear to me that these jewels are, or should be, heirlooms in your family. I must beg you, accordingly, to take them to London with you, and to regard them simply as a portion of your property which has been restored to you under certain strange conditions.
In the time of the Emperor Decius it was the opinion of the magistrates that the Christians of Rome were possessed of very considerable wealth, and several laws, enacted with the same design as our statutes of mortmain, forbade real estate being given or bequeathed to any corporate body, without special sanctions.
The charter "granted" by the Besancon Archbishop Hugues, in which he has been compelled to enumerate all the mischiefs due to his mortmain rights, is equally characteristic. And so on. Freedom could not be maintained in such surroundings, and the cities were compelled to carry on the war outside their walls.
We descended to dinner. "He carries weight, he rides a race, 'Tis for a thousand pound." "There is Flora Billingsgate, the greatest coquette and hardest rider in the country," said my companion, Ralph Mortmain, as we stood upon Dingleby Common before the meet. I looked up and beheld Guy Heavystone bending haughtily over the saddle, as he addressed a beautiful brunette.
As the evidences have accumulated he has been spared the need of complaining merely because another minor poet was neglected and has been able to widen his accusations until they include the whole multitude of oppressions which free spirits have to contend against when they face machines and privilege and mortmain.
The continuance of the Statute of Mortmain in full force, after the Church had been so terribly stripped, appeared to Her Majesty and the kingdom a very unnecessary hardship; upon which account it was at several times relaxed by the legislature.
The Statute of Uses in 1391, which rendered illegal the devices which had been invented to frustrate that of Mortmain, showed the same resolve to deal firmly with the Church. A reform of the staple and other mercantile enactments proved the king's care for trade. Throughout the legislation of these eight years we see the same tone of coolness and moderation.
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