2 Inst. 428. Fitz. Coll. 1, 2, 4, 5, 6, 7, 9, 40, 42, 46. c. 3.⚫ hand, and shall infeoff other therein by certain services to be done to us for the defence of our realm; saving to the chief lords of the same fees their wards and escheats, and other services thereunto due and accustomed. And therefore we command you, that ye cause the foresaid statute to be read before you, and from henceforth to be kept firmly and observed. Witness myself at Westminster the fifteenth day of November, the seventh year of our reign. 13 EDWARD 1, Stat. 1, Cap. 32.—Mortmain by recovery of land 7 Ed. 1, st. 2. by default.-When religious men and other ecclesiastical persons do implead any, and the party impleaded maketh default, whereby he ought to lease the land, forasmuch as the justices have thought hitherto, that if the party impleaded make default by collusion, that where the demandant, by occasion of the statute, could not obtain seizin of the land by title of gift, or other alienation, he shall now by reason of the default, and so the statute is defrauded; it is or10, 11, 22, 24, dained by our lord the king, and granted, that in this case, after the 25, 26, 27, 31, default made, it shall be inquired by the country, whether the 10 H. 7, f. 3. demandant had right in the thing demanded, or no. And if it be 11 Ed. 3, st. 3, found that the demandant had right in his demand, the judgment shall pass with him, and he shall recover seizin; and if he hath no right, the land shall accrue to the next lord of the fee, if he demand it within a year from the time of the inquest taken; and if he do not demand it within the year, it shall accrue to the next lord above, if he do demand it within half a year after the same year; and so every lord after the next lord shall have the space of half a year to demand it successively, until it come to the king, to whom at length, Every chief through default of other lords, the lands shall accrue. And to challenge the jurors of the inquest, every of the chief lords of the fees shall be admitted, and likewise for the king, they that will shall challenge; and after the judgment given, the land shall remain clear in the king's hands, until it be dereigned by the demandant, or some 9 H. 3, st. 1, other chief lord, and the sheriff shall be charged to answer therefore at the exchequer. lord may challange the jurors. e. 36. 13 EDWARD 1, STAT. 1, CAP. 33.-Lands where crosses be set, 2 Inst. 431. shall be forfeited as lands aliened in mortmain.-Forasmuch as many tenants set up crosses, or cause to be set up in their lands, in prejudice of their lords, that tenants should defend themselves against the chief lords of the fee, by the privileges of templars and hospitalers; it is ordained, that such lands shall be forfeit to the chief lords, or to the king, in the same manner as is provided for lands aliened in mortmain. OBS. 2 Inst. 504. 18 EDWARD 1, Stat. 1, Cap. 3.—No feoffment shall be made to assure land in mortmain.—And it is to be understood, that by the said sales or purchases of lands or tenements, or any parcels of them, such lands or tenements shall in no wise come into mortmain, either in part or in whole, neither by policy nor craft, contrary to the form of the statute made thereupon of late. And it is to wit, that this statute extendeth but only to lands holden in fee-simple; and that it extendeth to the time coming, and it shall begin to take effect at 9 H. 3, st. 1, the feast of Saint Andrew the apostle next coming. Given the eighteenth year of the reign of king Edward, son to king Henry. c. 36. This seems to be a mistaken reference. In what cases the damnum is to be used. 27 EDWARD 1, STAT. 2.-In what cases the writ ad quod damnum is to be sued. A commission may be granted to receive attornies for such as be impleaded.-It is to be known, that the king ordained at Westminster, the first day of April, the twentieth year of his reign writ ad quod that such as would purchase a new park, and men of religion that would amortise lands or tenements, should have writs out of the chancery to inquire upon the points accustomed in all such things; and that inquests of lands or tenements that be worth yearly more than twenty shillings, *that is to wit, by extent, be returned into Not in orig. the exchequer, and there make fine for the amortisements, or for the park having, if the inquests do pass for him that purchased them; and after it shall be certified unto the chancellor or his deputy, that he take a reasonable fine therefore, and after make delivery. II. In like manner they shall do, that will purchase lands or tene- Purchase of ments holden of the king in chief. lands holden in chief. of protec III. Also people dwelling beyond the sea, that have lands, tene- Purchasing ments, or rents in England, if they will purchase letters of protection, tions, makor will make general attornies, they shall be sent unto the exchequer, ing general and there shall make their fines, and from thence shall be sent unto See 33 Ed. 1, the chancellor or his deputy, for that which he ought to do therein. st. 1. attornies. of liberties. IV. In like manner they shall do, that will purchase any fair, Purchasing market, warren, or any other liberty. Also such as will purchase attermining of their debts shall be sent into the exchequer. V. Also, such as be not able to travel, and people that dwell in Attorney. far countries from the chancery, which plead or be impleaded, shall have a writ out of the chancery to some sufficient man, that shall receive their attornies when need is. 20 H. 3, c. 10. Rast 96. &c. c. 36. c. 32. VI. And for a remembrance of these things, there is an indenture made, divided into three parts, whereof one part remaineth in the Regist. 247, chancery, another in the exchequer, and the third in the wardrobe. Rast. 25. 34 EDWARD 1, STAT. 3.—That lands shall not be aliened in mortmain, where there be mesnes, without their consent.-Touching the 9 H. 3, st. 1, king's grant to be made upon inquests returned into the chancery 7 Ed. 1, st. 2. for lands to be aliened into mortmain, the king commandeth that 13 Ed. 1, st. 1, nothing shall be done (where there be any lords mean) except the Ordin. de religious persons can shew to our lord the king their assent under quir. their patents sealed with their seals; and that nothing shall pass in 27 Ed. 1. case where the donor reserveth nothing to himself. And likewise where inquisitions be made and returned without warrant, that is to wit, the writ original returned with the inquest, and likewise unless the writ original make mention of every thing, according to the new ordinance devised by the king. 18 EDWARD 3, STAT. 3, CAP. 3.-Prelates impeached for purchasing lands in mortmain.-See Title-" CHURCH, HER RIGHTS AND LIBERTIES," vol. i. p. 516 u. libertat. per 15 RICHARD 2, CAP. 5.—Assurance of lands to certain places, persons, and uses, shall be adjudged mortmain.-Item, whereas it is 7 Ed. 1, st. 2 contained in the statute, de religiosis, that no religious, nor other whatsoever he be, do buy or sell, or under colour of gift, or term, or any other manner of title whatsoever, receive of any man, or in any manner by gift or engine cause to be appropriated unto him any lands or tenements, upon pain of forfeiture of the same, whereby the compass to convert any land to a church yard. Mortmain be seized of use of reli ritual per sons. the said lands and tenements in any manner might come to mortIt is within main. And if any religious, or any other, do against the said of the statute statute by art or engine in any manner, that it be lawful to the of mortmain king, and to other lords, upon the said lands and tenements to enter, as in the said statute doth more fully appear. And now of late by subtile imagination, and by art, and engine, some religious persons, parsons, vicars, and other spiritual persons, have entered in divers lands and tenements, which be adjoining to their churches, and of the same, by sufferance and assent of the tenants, have made churchyards, and by bulls of the bishop of Rome have dedicated and hallowed the same, and in them do make continually parochial burying without licence of the king and of the chief lords; therefore where some it is declared in this parliament, that it is manifestly within the lands to the compass of the said statute. And moreover it is agreed and asgious or spi- sented, that all they that be possessed by feoffment, or by other manner, to the use of religious people, or other spiritual persons, of lands and tenements, fees, advowsons, or any manner other possessions whatsoever, to amortise them, and whereof the said religious and spiritual persons take the profits, that betwixt this and the feast of Saint Michael next coming, they shall cause them to be amortised by the licence of the king and of the lords, or else that they shall sell and alien them to some other use between this and the said feast, upon pain to be forfeited to the king, and to the lords, according to the form of the said statute of religious, as lands purchased by religious people and that from henceforth no such purchase be made, so that such religious or other spiritual persons take thereof the profits, as afore is said, upon pain aforesaid. And that the same statute extend and be observed of all lands, tenements, fees, advowsons, and other possessions, purchased, or to be purchased to the use of guilds or fraternities. And moreover it is assented, because mayors, bailiffs, and commons of cities, boroughs, and other towns which have a perpetual commonalty, and others which have offices perpetual, be as perpetual as people of religion, that from henceforth they in respect of shall not purchase to them, and to their commons or office, upon lands in use, pain contained in the said statute de religiosis. And whereas others 8 H. 4. f. 15. be possessed, or hereafter shall purchase to their use, and they 9 H. 3, st. 1, thereof take the profits, it shall be done in like manner as is aforesaid of people of religion. Mortmain to purchase lands to guilds, fra ternities, offices, commonalties. Mortmain taking of 1 Co. 123. c. 36. 23 HENRY 8, CAP. 10.—An act for feoffments and assurances of lands, and tenements made to the use of any parish church, chapel, or such like.-See Title-" FEOFFMENTS MADE TO CHARITABLE USES," vol. iii. p. 101. 1 & 2 PHILIP & MARY, CAP. 8, SECS. 51-53.—An act repealing all articles and provisions made against the see apostolic of Rome, since the twentieth year of king Henry the eighth, and for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity. See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 142. 1 ELIZABETH. CAP. 1, SEC. 2.- An act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same.-See Title"APPEALS TO THE SEE OF ROME," vol. i. p. 145. 39 ELIZABETH, CAP. 5.-An act for erecting of hospitals, or abiding and working houses for the poor.-See Title-" HOSPITALS," vol. iii. p. 198. 43 ELIZABETH, CAP. 4.—An act to redress the misemployment of lands, goods and stocks of money heretofore given to certain charitable uses. See Title-"CHARITABLE USES," vol. i. p. 481. 17 CHARLES 2, CAP. 3, SECS. 7 & 8.—An act for uniting churches in cities and towns corporate.-See Title-" UNION OF CHURCHES AND BENEFICES, ENGLAND." 22 CHARLES 2, CAP. 6, SEC. 10.-An act for advancing the sale of fee-farm rents, and other rents. X. And be it further enacted, that it shall and may be lawful to Corporations may buy and and for any bodies politic or corporate, to purchase any the fee-farm enjoy the rents or other rents so to be conveyed as aforesaid, and the same rents notrents so purchased to retain and keep to them and their successors; ing the any statutes of mortmain to the contrary notwithstanding. withstand statute of mortmain. 7 & 8 WILLIAM 3, CAP 37.-An act for the encouragement of charitable gifts and dispositions.-Whereas it would be a great hin- 9 G. 2, c. 36. derance to learning, and other good and charitable works, if persons well inclined may not be permitted to found colleges or schools for encouragement of learning, or to augment the revenues of colleges or schools already founded, by granting lands, tenements, rents or other hereditaments to such colleges or schools, or to grant lands or other hereditaments to other bodies politic or incorporated now in being, or hereafter to be incorporated, for other good and public 9 H. 3, c. 36. uses; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful to and The king for the king, our most gracious sovereign lord, and for his heirs licences to and successors, when and as often, and in such cases as his ma- alien, or purjesty, his heirs or successors, shall think fit, to grant to any person mortmain. or persons, bodies politic or corporate, their heirs and successors licence to alien in mortmain, and also to purchase, acquire, take, and hold in mortmain, in perpetuity or otherwise any lands, tenements, rents or hereditaments whatsoever, of whomsoever the same shall be holden. may grant chase in subject to II. And it is hereby declared, that lands, tenements, rents or Lands so hereditaments, so aliened, or acquired and licensed, shall not be aliened not subject to any forfeiture, for or by reason of such alienation or forfeiture. acquisition. 2 & 3 ANNE, CAP. 11.-An act for the making more effectual her majesty's gracious intentions for the augmentation of the maintenance of the poor clergy, by enabling her majesty to grant in perpetuity the revenues of the first fruits and tenths; and also for enabling any other persons to make grants for the same purpose.-See Title-" AUGMENTATION OF POOR LIVINGS." vol. i. p. 189. 9 GEORGE 2, CAP. 36.—An act to restrain the disposition of lands, whereby the same become unalienable.-Whereas gifts or alienations Preamble. of lands, tenements or hereditaments, in mortmain, are prohibited or restrained by Magna Charta, and divers other wholesome laws, as prejudicial to and against the common utility; nevertheless this D d VOL. III. 1736, no ma &c. nor money to be laid out in public mischief has of late greatly increased by many large and improvident alienations or dispositions made by languishing or dying persons, or by other persons, to uses called charitable uses, to take place after their deaths, to the disherison of their lawful heirs; for remedy whereof be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by After 24 June the authority of the same, that from and after the twenty-fourth nors, lands, day of June, which shall be in the year of our Lord one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons or other hereditaments, corporeal or incorporeal whatsoever, nor any sum or sums of money, goods, chattles, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements or hereditaments, shall be given, granted, aliened, limited, released, transferred, assigned or appointed, or any ways conveyed or settled to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever, or any ways charged or incumbered by any person or persons whatsoenrolled, &c. ever, in trust, or for the benefit of any charitable uses whatsover; lands, to be given for charitable uses, unless by deed in dented, and executed before two witnesses 12 months before the death of the donor, and The said limitations or transfers made for valuable considerations. unless such gift, conveyance, appointment or settlement of any such lands, tenements or hereditaments, sum or sums of money, or personal estate (other than stocks in the public funds) be and be made by deed indented, sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such donor or grantor (including the days of the execution and death) and be enrolled in his majesty's high court of chancery, within six calendar months next after the execution thereof; and unless such stocks be transferred in the public books usually kept for the transfer of stock six calendar months at least before the death of such donor or grantor (including the days of the transfer and death) and unless the same be made to take effect in possession for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him. II. Provided always, that nothing hereinbefore mentioned relating not to extend to the sealing and delivering of any deed or deeds twelve calendar to purchases months at least before the death of the grantor, or to the transfer of any stock six calendar months before the death of the grantor or person making such transfer, shall extend, or be construed to extend, to any purchase of any estate or interest in lands, tenements or hereditaments, or any transfer of any stock, to be made really and bona fide for a full and valuable consideration actually paid at or before the making such conveyance or transfer without fraud or collusion. Gifts, &c. made after 21 June 1736, otherwise than directed by this act, to be abso lutely void. III. And be it further enacted by the authority aforesaid, that all gifts, grants, conveyances, appointments, assurances, transfers and settlements whatsoever, of any lands, tenements or other hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect any lands, tenements or hereditaments, or of any stock, money, goods, chattles or other personal |