The English Church in the Middle AgesHunt, William
History
The English Church in the Middle Ages
Hunt, William
Church history -- Middle Ages, 600-1500; Great Britain -- Church history
Edward further rebuffed the archbishop by publishing the statute "De
Religiosis" or "of Mortmain." This statute, though, as regards the date of
its promulgation part of Edward's answer to Peckham's assumption, was
directed against an abuse of long standing, and was in strict accordance
with the king's general policy. It forbade, on pain of forfeiture, the
alienation of land to religious bodies which were incapable of performing
the services due from it. Land so conveyed was said to be in _mortmain_,
or in a dead hand, because it no longer yielded profit to the lord, who
was thus defrauded of his right of service, escheat, and other feudal
incidents. Besides the vast amount of land that was held by the Church,
estates were often fraudulently conveyed to ecclesiastical bodies, to be
received again free of services by the alienor as tenant; and thus the
superior lord, and the king as capital lord, were cheated, and the means
for the defence of the realm were diminished. These evils were partially
checked by Henry II., who levied scutage on the knights' fees held by the
clergy, and the practice of conveying lands in mortmain was prohibited by
one of the Provisions of Westminster in 1259. Edward's statute gave force
to this provision by rendering it lawful, in case the immediate lord
neglected to avail himself of the forfeiture, for the next chief lord to
do so. Moreover, the king still further showed his discontent at the
attitude of the clergy by demanding an aid from them. In spite of these
rebuffs, Peckham pursued his policy of attempting to enlarge the sphere of
spiritual jurisdiction at the cost of the jurisdiction of the Crown, and
proposals were made in a council which he held at Lambeth in 1281 to
remove suits concerning patronage and the goods of the clergy from the
royal to the ecclesiastical courts. Here, however, the king interfered,
and peremptorily forbade the council to meddle in matters affecting the
Crown. Peckham was forced to give way, and shortly afterwards sent Edward
a letter asserting in the strongest terms the liberties of the Church as
agreeable to Scripture and the history of England, pointing out that it
was his duty to order his conduct by the decrees of the Popes and the
rules of the Church, referring the oppressions under which, he said, the
clergy were suffering to the policy of Henry I. and Henry II., and
reminding the king of the martyrdom of St. Thomas of Canterbury for the
Church's sake.
[Sidenote: Conquest of Wales, 1282.]
Public-domain text, read in full here on John Shaqi.
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