Legal Definitions - statute of mortmain

A statute of mortmain refers to a type of historical law, primarily enacted in medieval England, designed to prevent land from being transferred into the permanent ownership of corporations, especially religious institutions like monasteries or churches. The term "mortmain" literally means "dead hand," reflecting the concern that once land was owned by a corporation, it would remain in that "dead hand" indefinitely, never changing ownership, and thus avoiding feudal taxes, services, and other obligations that were typically due when land was held by individuals. These laws generally required special permission, often from the Crown, for such transfers to be legally valid.

• Example 1: A Medieval Monastery Acquiring Land

  In 13th-century England, a prosperous monastery sought to expand its agricultural holdings. A local lord, devout and aging, decided to donate a significant portion of his estate to the monastery for the salvation of his soul. Under the statutes of mortmain, this transfer of land to the monastery would have been illegal and voidable without a specific royal license or permission. The Crown would have viewed this as a loss of potential feudal dues (such as military service or inheritance taxes) that would otherwise be owed if the land remained in the hands of the lord or his heirs. The statute aimed to prevent land from being permanently removed from the feudal system's tax and service obligations.

• Example 2: Establishing a Perpetual Charitable Foundation

  Imagine a wealthy merchant in the 14th century who wished to establish a perpetual charitable foundation to care for the poor in his town. He intended to endow this foundation with several income-generating properties, ensuring its long-term financial stability. If this foundation were structured as a corporation or an entity designed to hold land indefinitely, the statutes of mortmain would have applied. The merchant would have needed to obtain a special license from the King to legally transfer the properties to the foundation. Without such a license, the transfer would be invalid because the land would effectively be taken out of circulation, preventing future feudal obligations and revenues for the Crown and other lords.