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Updated: May 19, 2025
It had been provided by several laws, which were enacted with the same design as our statutes of mortmain, that no real estates should be given or bequeathed to any corporate body, without either a special privilege or a particular dispensation from the emperor or from the senate; who were seldom disposed to grant them in favor of a sect, at first the object of their contempt, and at last of their fears and jealousy.
To the mortmain of the Church reverts Urbino's lordship, and even now he meditates the terms of devolution. Jesuits cluster in the rooms behind, with comfort for the ducal soul and calculations for the interests of Holy See.
By falling into the "dead hand" or "mortmain" of the Church land ceased to render its feudal services; and in 1279 the Statute "de Religiosis," or as it is commonly called "of Mortmain," forbade any further alienation of land to religious bodies in such wise that it should cease to render its due service to the king.
They developed in England first out of the guild or out of the monastery; but the religious corporation, although regarded with great jealousy in the Statutes against Mortmain, which show that from the earliest times our ancestors feared the attribute of immortality that characterizes the corporation, have never had the principle of limited, or no, personal liability.
We meet with other forms of tenure in the partition of land in the days of the French régime for instance, franc aleu noble and franc aumone or mortmain, but these were exceptional grants to charitable, educational, or religious institutions, and were subject to none of the ordinary obligations of the feudal tenure, but required, as in the latter case, only the performance of certain devotional or other duties which fell within their special sphere.
He was the author of all the pamphlets that had been written on the subject of mortmain; and as he was an intimate friend of the ambassador's, M. Mocenigo had furnished him with an account of the proceedings of the Venetian Republic against the monks. He might have dispensed with this source of information if he had read the writings of Father Paul Sarpi on the same subject.
He succeeded, however, in defiance of its opposition, in making church property liable to temporal taxation, and in passing a Mortmain Act which prohibited the giving of land to monasteries or other corporations without the royal licence. By thus increasing the national control over the church in England, he made the church itself more national.
"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.
The Venetian laws checking mortmain, taxing church property, and requiring the sanction of the Republic before the erection of new churches and monasteries greatly angered him; but the crowning vexation was the seizure of the two clerics. This aroused him fully.
It is to be regretted that he supported the king in his cruelties to the conquered Welsh and in the expulsion of the Jews. He firmly defended the privileges of his see against first, the Archbishop of York, and secondly, the king. It was in his time that the famous Statute of Mortmain was passed.
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