Mortmain Act 1279 (unsourced)
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A Statute of Mortmain, made 15 Novemb. Anno 7 EDW. I. [1] and Anno Dom. 1279.
Mortmain Act 1279
Who shall take the Forfeiture of Lands given in Mortmain.
WHERE[2] of late it was provided, That Religious Men should not enter into the Fees of any without Licence and Will of the chief Lord, of whom such Fees be holden immediately; and notwithstanding such Religious Men have entered as well into their own Fees, as into the Fees of other Men, approprying and buying them, and sometime receiving them of the Gist of others, whereby the Services that are due of such Fees, and which at the Beginning were provided for Defence of the Realm, are wrongfully withdrawn, and the chief Lords do leese their Eschetes of the same:
(2) 'We therefore to the Profit of our Realm, intending to provide convenient Remedy, by the Advice of our Prelates, Earls, Barons,[3] and other[4] our Subjects, being of our Council, have provided, made, and ordained, That no Person, Religious or other, whatsoever he be that will, buy or sell any Lands or Tenements, or under the Colour of Gift or Lease, or that will receive by reason of any other Title, whatsoever it be, Lands or Tenements, or by any other Craft or Engine will presume to appropre to himself, under Pain of Forfeiture of the same, whereby such Lands or Tenements may any wise come into Mortmain.
(3) We have provided also, That if any Person, Religious or other, do presume either by Craft or Engine to offend against this Statute, it shall be lawful to us and other chief Lords of the Fee immediate, to enter into the Land so aliened, within a Year from the Time of the Alienation, and to hold it in Fee as an Inheritance.
(4) And if the chief Lord immediate be negligent, and will not enter into such Fee within the Year, then it shall be lawful to the next chief Lord immediate of the same Fee to enter into the same Land within half a Year next following, and to hold it as before is said; and so every Lord immediate may enter into such Land, if the next Lord be negligent in entering into the same Fee, as is aforesaid.
(5) And if all the chief Lords of such Fees, being of full Age, within the four Seas, and out of Prison, be negligent or slack in this Behalf,[5] we, immediately after the Year accomplished, from the Time that such Purchases, Gists or Appropriations hap to be made, shall take such Lands and Tenements into our Hand, and shall infeoff other therein by certain Services to be done to us for the Defence of our Realm; saving to the chief Lords of the same Fees their Wards and Eschetes, and other Services thereunto due and accustomed.
(6) And therefore we command you, that ye cause the foresaid Statute to be read before you, and from henceforth to be kept firmly and observed. Witness my self at Westminster the FifteenthDay of November, the Seventh Year of our Reign.'
9 H. 3. stat. 1. c. 36. 1 Roll 154, 157, 457. 2 Roll 170. 9 H. 3. stat. 1. & 2. c. 36. 8 H. 4. 15. 41 Ed. 3. 16, 21. 47 Ed. 3. 11. Bro. Mortmain, 15, 16, 18, 20, 24, 27, 31, 38, 39, 41, 43. 50 Ed. 3. 22. Fitz. Mortmain, 13 Co. Lit. 2. b. 15 Ed. 4. 13. Fitz. Formedon, 57. Fitz. Quare imp. 163.
No Land shall be aliened in Mortmain upon Pain of the Forfeiture thereof.
2 Bulftr. 187. 3 Bulftr. 45.
Who shall take the Benefit of the Forfeiture.
Enforced and amended by 13 Ed. 1. stat. 1. c. 32. 18 Ed. 1. stat. 1. c. 3. 34 Ed. 1. stat. 3. See 18 Ed. 3. stat. 3. c. 3. which respect to Licences for Purchases in Mortmain; and 15 R. 2. c. 5. what Purchases shall be adjudged Mortmain. 23 H. 8. c. 10. for giving Lands to pious Uses for twenty Years. See 22 Car. 2. c. 6. enabling Corporations to purchase in Mortmain. 7 & 8 W. 3. 37. empowering the King to grant Licences to alien in Mortmain, and 9 Geo. 2. c. 36. restraining Gists in Mortmain by Will.
Note : this act is listed in the Chronological Table of Statutes as the Mortmain Act, 1279
- ↑ Add Stat. 2.
- ↑ Add the King to the Justices of his Bench greeting, where of late, &c.
- ↑ Not in Orig.
- ↑ Read liege Men of our Kingdom.
- ↑ Add for one whole Year.
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