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the services due from such fees, which have been from all time applied to the defence of the kingdom, are unjustly withdrawn, and lords-in-chief lose their escheats; therefore we, wishing to provide a proper remedy in the interest of the kingdom, hereby, with the advice of the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.