Statute of Mortmain

From PreparingYou
Jump to navigation Jump to search

The Statute of Mortmain were established in two enactments in the reign of Edward I of England, in 1279 and 1290, passed to preserve the kingdom's new revenues of this government of the king by preventing land from passing into the possession of the Church through ecclesiastical trusts.

Both the Church and the people were trying to to maintain their rights to property through land and property trusts. Both had to compromise the principles of the Natural law and the purposes of Christ and principles of the Old Testament.

The use of Ecclesiastic trust to avoid seizer by the kings of England after 1066 was a concept first addressed in 1279 and again in 1299. This is mentioned on page 39 of the book Covenants of the gods:

“The essence of all slavery consists in taking the produce of another’s labor by force. It is immaterial whether this force be founded upon ownership of the slave or ownership of the money that he must get to live.”[1]

“USE n. 11. Law. That enjoyment of property that consists in its employment, occupation, exercise, or practice; specif., Roman and Civil Law, a personal servitude consisting in a jus intendi, or right to make use of a thing, as distinguished from the usufruct. The usuary had only a personal right that was limited by his own necessities or those of his family. He was not entitled to the use and profits of the subject of the use. … advantage; benefit; profit; specif., the benefit or profit of lands and tenements the legal title to which is given to a person other than the one entitled to the occupation or use( (in sense 11); a trust of real estate. Deeds of land made to one person to, or for, the use of another.” [see doctrine of the law of uses, Statute of Mortmain]. [2]

The Church's purpose was not asset protection and such ecclesiastical trusts were clearly not burnt offerings but pledges that neglect the social bonds and will open the door to tyranny and sets the scene for the covetous practices that degenerates the masses.

  1. Leo Tolstoy
  2. Legal Thesaurus by William C. Burton Second Edition.