Page:American Historical Review, Volume 12.djvu/749

Mortmain in Medieval Boroughs 739 and Waterford, which were set forth about the year 1300. Every citizen, it is here declared, may devise lands or rents within the bounds of the city to his heirs or friends, except to houses of religion and to persons unable to aid the city in time of need. No one shall give a rent of assize to a religious house, for if the rent is not paid within a certain period, the religious can get possession of the tene- ment, to the disherison of the heirs and of the city. If every citi- zen were to do this, the city might soon in large part pass into the hands of the clergy. For when religious houses enter upon prop- erty, they do nothing for the town (in payment of tallages and cus- toms'), the heirs are reduced to poverty, and the city is deprived of young men for its defence in time of war,' In 1224 the archbishop of Dublin agrees that his men who enjoy the liberties of the city shall be tallaged with the citizens, and that the latter are to have their court concerning lands which hereafter shall be bought, given, or bequeathed to the archbishop or to his clergy;- and a papal letter of 1261 complains that the ecclesiastical judge is impeded when he tries to compel the execution of wills of citizens who have be- queathed houses or burgages to any church or religious body.' That the hostility of the burgesses and their lords to the aliena- tion of land in mortmain was widespread in England and Ireland is evidenced by the following references to charters of liberties con- taining prohibitions of sales, gifts, or bequests to religious houses or to the clergy : Agardsley, 1263: English Hist. Rcz'., X^'I. 334. Altrincham, 1290: Ingham, Altrincham, 71, Jt,. Bolton-le-]Ioors, 1253: English Hist. Rcz:, XYll. 292-293. Burton-on-Trent, 1273: Archccol. Assoc. Journal, 'II. 424. Cambridge, 1313: Cooper. Cambridge, I. 74. Chard. 1230: Cal. of Patent Rolls, 1281-1292. p. 216. Congleton, c. 1272: Ormerod, Chester, second ed., III. 36. Haverfordwest, 1219-1231 : English Hist. Rev., X'. 518. ^Historic Documents, ed. Gilbert, 247, 262 {cf. ibid., 261, 263); Borough Customs, ed. Bateson, II. 95, 202-203 {cf. ibid., II. loi, 201-204). ■'Historic Documents, ed. Gilbert, 81; Gilbert, Cal. of Dublin Records, I. 90-91. Cf. ibid., I. 133; Rot. Lit. Claus., I. 570; Historic Documents. 360-361. ^Chartce HibernitE, 30; Historic Documents, 173, 177. In 1197 John, earl of Mortain, grants to the canons of the church of St. Thomas, Dublin, all burgages that have been given to them or shall be given to them of which they have or shall have the charters of donors ; and the canons are to have one burgage quit of all customs (toll;;), tallages, and demands, except land-gavel and pleas of the crown. See ChartcB Hiberniar, 8; Cal. of Charter Rolls, II. 387. In Dublin, Waterford, and Drogheda the Templars or Hospitallers were to have only one man or messuage quit of common customs (tolls). Charta Hibernia, 14; His- toric Documents. 54, 133.