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Updated: June 19, 2025
We have had the opportunity of demonstrating to ourselves what a freedom from the banker-legal mortmain means, in our experience with the Detroit, Toledo & Ironton Railway. We bought the railway because its right of way interfered with some of our improvements on the River Rouge. We did not buy it as an investment, or as an adjunct to our industries, or because of its strategic position.
But the Bishop tells us, that "this confirmation was fraudulent and invalid" I shall believe it to be so, though I happen to read in his Lordship's history: But he adds, that although the confirmation had been good, the priests would have got their land again by these two methods; "first, the Statute of Mortmain was repealed for 20 years, in which time no doubt they reckoned they would recover the best part of what they had lost; besides that, engaging the clergy to renew no leases, was a thing entirely in their own power, and this in forty years time would raise their revenues to be about ten times their present value."
It is so hard to get anything out of the dead hand of medical tradition! The mortmain of theorists extinct in science clings as close as that of ecclesiastics defunct in law. One practical hint may not be out of place here. It seems to be sometimes forgotten, by those who must know the fact, that the tongue is very different, anatomically and physiologically, from the stomach.
Romayne dismissed this appeal to the law irritably, by waving his hand. "The Statutes of Mortmain," he rejoined, "can't prevent my bequeathing my property to an individual. I shall leave Vange Abbey to You. Now, Father Benwell! have I got the better of you at last?" With Christian humility the Jesuit accepted the defeat, for which he had paved the way from the outset of the interview.
The Mortmain and Benefit of Clergy Acts were respectively in limitation of bequests to the Church and of privileges of clerical criminals. They were merely normal steps in the reform of abuses. The Annates Act however demands closer attention. Every bishop on appointment to his see paid the first year's income to Rome whether on an original appointment, or on translation from one see to another.
Especially were the works of Velazquez, hitherto almost an unknown name in Europe, admired and appreciated. Ferdinand, finding he had done a clever thing unawares, began to put on airs and poser for a patron of art. The gallery was still further immensely enriched on the exclaustra-tion of the monasteries, by the hidden treasures of the Escorial, and other spoils of mortmain.
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.
Standing before the colossal, towering, amorphous precipice which formed the background of the scena, we feel as if once more the 'heart-shaking sound of Consul Romanus' might be heard; as if Roman knights and deputies, arisen from the dead, with faces hard and stern as those of the warriors carved on Trajan's frieze, might take their seats beneath us in the orchestra, and, after proclamation made, the mortmain of imperial Rome be laid upon the comforts, liberties, and little gracefulnesses of our modern life.
How could such facts be understood unless we had previously taken that rapid glance at the Mediocracy. Fourchon was right; the middle classes now held the position of the former lords. The small land-owners, of whom Courtecuisse is a type, were tenants in mortmain of a Tiberius in the valley of the Avonne, just as, in Paris, traders without money are the peasantry of the banking system.
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.
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