History for ready reference, Volume 2, El Dorado to GreavesLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 2, El Dorado to Greaves
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
"For many years past, the great danger to the balance of power
appeared to come from the regular clergy, who, favoured by the
success of the mendicant orders, were adding house to house
and field to field. Never dying out like families, and rarely
losing by forfeitures, the monasteries might well nigh
calculate the time, when all the soil of England should be
their own. ... Accordingly, one of the first acts of the
barons under Henry III. had been to enact, that no fees should
be aliened to religious persons or corporations. Edward
re-enacted and strengthened this by various provisions in the
famous Statute of Mortmain. The fee illegally aliened was now
to be forfeited to the chief lord under the King; and if, by
collusion or neglect, the lord omitted to claim his right, the
crown might enter upon it. Never was statute more unpopular
with the class at whom it was aimed, more ceaselessly eluded,
or more effectual. ... Once the clergy seem to have meditated
open resistance, for, in 1281, we find the king warning the
bishops, who were then in convocation at Lambeth, as they
loved their baronies, to discuss nothing that appertained to
the crown, or the king's person, or his council. The warning
appears to have proved effectual, and the clergy found less
dangerous employment in elaborating subtle evasions of the
obnoxious law. At first fictitious recoveries were practised;
an abbey bringing a suit against a would-be donor, who
permitted judgment against him to go by default. When this was
prohibited, special charters of exemption were procured. Once
an attempt was made to smuggle a dispensing bill through
parliament. One politic abbot in the 15th century encouraged
his friends to make bequests of land, suffered them to
escheat, and then begged them back of the crown, playing on
the religious feelings of Henry VI. Yet it is strong proof of
the salutary terror which the Statute of Mortmain inspired
that even then the abbot was not quieted, and procured an Act
of Parliament to purge him from any consequences of his
illegal practices. In fact, the fear, lest astute crown
lawyers should involve a rich foundation in wholesale
forfeitures, seems sometimes to have hampered its members in
the exercise of their undoubted rights as citizens."
_C. H. Pearson,
History of England during the Early and Middle Ages,
volume 2, chapter 9._
ALSO IN:
_E. F. Henderson,
Select Historical Documents._
_K. E. Digby,
Law of Real Property (4th edition)._
ENGLAND: A. D. 1282-1284.
Subjugation of Wales.
See WALES: A. D. 1282-1284.
ENGLAND: A. D. 1290-1305.
Conquest of Scotland by Edward I.
See SCOTLAND: A. D. 1290-1305.
ENGLAND: 14th Century.
Immigration of Flemish artisans.
The founding of English manufactures.
See FLANDERS: A. D. 1335-1337.
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