Published online by Cambridge University Press: 05 March 2012
Perhaps one reason why outright evasion of the Statute of Mortmain never reached uncontrollable proportions was that there existed a good many ways of manipulating it more or less legally into something less restrictive. Some, such as leasehold or enfeoffment to use, enabled the church to dispense altogether with licence procedure. Others, notably the employment of nominees to acquire property with a view to ultimate amortisation, mitigated the inconveniences caused by the legislation. Few of these devices were new. Some had been foreseen by the drafters of the statute, who clearly hoped that its terms would preclude their fraudulent use. In practice, however, it was difficult to draw the line between what was permissible and what was an abuse. Consequently, the church was left with considerable room for manoeuvre. Indeed, so great were the opportunities for modifying the legislative controls that statutory revision of the position was required on several occasions. Thus, there was a far greater risk that the spirit of the 1279 statute would be negated by tactics of nominal legality than by total evasion, which could be pursued and punished.
The first and most radical way in which immunity from the statute could be secured was by claiming exemption from its provisions. A long and bitter dispute arose between the crown and the city of London over this issue. The evidence was thoroughly examined by Miss Chew in her article ‘Mortmain in Medieval London’, upon which the following account largely depends.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.