THE STATUTE OF MORTMAIN (1279).

+Source.+--_Statutes of the Realm_, vol. i., p. 51.

The King to his justices "de Banco," greeting.

Although it was previously ordained that ecclesiastics should not enter

on possession of the fees of others without the licence and permission

of the lords-in-chief, from whom these fees are directly held, yet

ecclesiastics have up to now continued to take possession of their own

fees as well as those of others, appropriating and buying them for

themselves, and sometimes receiving them by gift from others, as a

result of which the services due from such fees, which have been from

all time applied to the defence of the kingdom, are unjustly withdrawn,

and lords-in-chief lose their escheats; therefore we, wishing to provide

a proper remedy in the interest of the kingdom, hereby, with the advice

of the prelates, Earls, and other lieges of our council, provide,

decree, and ordain that no ecclesiastic or other person shall buy or

sell, or, under pretext of a donation, or lease, or other title

whatsoever, shall receive from anyone, or in any way appropriate, by

guile or craft, lands or tenements, in such a way that the said lands

and tenements may fall to the dead hand, under pain of forfeiture of the

same.

We decree, further, that if any ecclesiastic or other person contravene

the present statute in any way, by guile or craft, it shall be lawful

for us and for other immediate lords-in-chief of a fee so alienated, to

enter it within a year of such alienation, and to hold it in fee and as

an inheritance. And if the immediate lord be negligent, and fail to

enter upon possession of such a fee within a year, then it shall be

lawful for the nearest mediate lord of that fee to enter upon and hold

that fee, as aforesaid, within the space of half a year following; and

so may every mediate lord do, if the lord nearest to him be negligent in

entering upon possession, as aforesaid.

And should all the other lords-in-chief (such as be of full age, and

within the four seas, and out of prison) be negligent or remiss for one

year, we ourselves, after the lapse of a complete year when purchases,

donations, or other appropriations of this kind ought to have been made,

shall take such lands and tenements into our own hands, and shall

enfeoff others on them to do certain fixed services to us for the

defence of our realm; saving to the lords-in-chief of those fees,

wardships, escheats, and other incidents belonging to them, and the due

and accustomed services. And we command you to cause the aforesaid

statute to be read in your presence, and henceforth to be firmly held

and observed.

Witness the King, at Westminster, on the fifteenth day of November, in

the seventh year of his reign.

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