and our Realm. (2) And now in our next Parliament at Westminster, after the said Treatise, the Prelates, Earls, Barons, and the Commonalty of our Realm, there assembled to take Advice of this Business, have said, that to us it belongeth, and our Part is, through our Royal Seigniory, straitly to defend Force of Armour, and all other Force against our Peace, at all Times when it shall please us, and to punish them which shall do contrary, according to our Laws and Usages of our Realm; (3) and hereunto they are bound to aid us as their Sovereign Lord at all Seasons, when Need shall be. (4) We command you, that ye cause these Things to be read afore you in the said Bench, and there to be enrolled. Given at Westminster, the thirtieth Day of October ⟨in the 7th Year of our Reign⟩.[1]
Enforced by
2 Ed. 3. c. 3.
7 R. 2. c. 13. and
20 R. 2. c. 1.
- ↑ Add in the 7th Year of our Reign.
A Statute of Mortmain, made 15 Novemb. Anno 7 Edw. I. ⟨Stat. 2.⟩[1] and Anno Dom. 1279.
Who shall take the Forfeiture of Lands given in Mortmain.
WHERE of late[2] [3]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 Gift 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Services that are due of such Fees, and which at the Beginning were provided for Defence of the Realm, are wrongfully withdrawn, and the chief Lords do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:
[4](2) We therefore to the Profit of our Realm, intending to provide convenient Remedy, by the Advice of our Prelates, Earls,
Barons,
[5] and other
our Subjects,[6] 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 wife come into Mortmain.
No Land shall be aliened in Mortmain upon Pain of Forfeiture thereof.[7](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.
Who shall take the Benefit of the Forfeiture.(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,
- ↑ Add Stat. 2.
- ↑ Add the King to the Justices of his Bench greeting, where of late, &c.
- ↑ 9 H. 3. stat. 1 & 2. c. 36.; 1 Roll. 154, 157, 457.; 2 Roll. 170.; 8 H. 4. 15.; 41 Ed. 3. 16, 21.; 47 Ed. 3. 11.
- ↑ Bro. Mortmain, 15, 16, 18, 20, 21, 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.
- ↑ Not in Orig.
- ↑ Read liege Men of our Kingdom.
- ↑ 2 Bulstr. 187.; 3 Bulstr. 45.