chapter 3._

ENGLAND: A. D. 1279. The Statute of Mortmain.

"For many years past, the great danger to the balance of power appeared to come from the regular clergy, who, favoured by the success of the mendicant orders, were adding house to house and field to field. Never dying out like families, and rarely losing by forfeitures, the monasteries might well nigh calculate the time, when all the soil of England should be their own. ... Accordingly, one of the first acts of the barons under Henry III. had been to enact, that no fees should be aliened to religious persons or corporations. Edward re-enacted and strengthened this by various provisions in the famous Statute of Mortmain. The fee illegally aliened was now to be forfeited to the chief lord under the King; and if, by collusion or neglect, the lord omitted to claim his right, the crown might enter upon it. Never was statute more unpopular with the class at whom it was aimed, more ceaselessly eluded, or more effectual. ... Once the clergy seem to have meditated open resistance, for, in 1281, we find the king warning the bishops, who were then in convocation at Lambeth, as they loved their baronies, to discuss nothing that appertained to the crown, or the king's person, or his council. The warning appears to have proved effectual, and the clergy found less dangerous employment in elaborating subtle evasions of the obnoxious law. At first fictitious recoveries were practised; an abbey bringing a suit against a would-be donor, who permitted judgment against him to go by default. When this was prohibited, special charters of exemption were procured. Once an attempt was made to smuggle a dispensing bill through parliament. One politic abbot in the 15th century encouraged his friends to make bequests of land, suffered them to escheat, and then begged them back of the crown, playing on the religious feelings of Henry VI. Yet it is strong proof of the salutary terror which the Statute of Mortmain inspired that even then the abbot was not quieted, and procured an Act of Parliament to purge him from any consequences of his illegal practices. In fact, the fear, lest astute crown lawyers should involve a rich foundation in wholesale forfeitures, seems sometimes to have hampered its members in the exercise of their undoubted rights as citizens."

_C. H. Pearson, History of England during the Early and Middle Ages, volume 2, chapter 9._

ALSO IN: _E. F. Henderson, Select Historical Documents._

_K. E. Digby, Law of Real Property (4th edition)._

ENGLAND: A. D. 1282-1284. Subjugation of Wales.

See WALES: A. D. 1282-1284.

ENGLAND: A. D. 1290-1305. Conquest of Scotland by Edward I.

See SCOTLAND: A. D. 1290-1305.

ENGLAND: 14th Century. Immigration of Flemish artisans. The founding of English manufactures.

See FLANDERS: A. D. 1335-1337.

ENGLAND: A. D. 1306-1393. Resistance to the Pope.

"For one hundred and fifty years succeeding the Conquest, the right of nominating the archbishops, bishops, and mitred abbots had been claimed and exercised by the king. This right had been specially confirmed by the Constitutions of Clarendon, which also provided that the revenues of vacant sees should belong to the Crown. But John admitted all the Papal claims, surrendering even his kingdom to the Pope, and receiving it back as a fief of the Holy See. By the Great Charter the Church recovered its liberties; the right of free election being specially conceded to the cathedral chapters and the religious houses. Every election was, however, subject to the approval of the Pope, who also claimed a right of veto on institutions to the smaller church benefices. ... Under Henry III. the power thus vested in the Pope and foreign superiors of the monastic orders was greatly abused, and soon degenerated into a mere channel for draining money into the Roman exchequer. Edward I. firmly withstood the exactions of the Pope, and reasserted the independence of both Church and Crown. ... In the reign of the great Edward began a series of statutes passed to check the aggressions of the Pope and restore the independence of the national church. The first of the series was passed in 1306-7. ... This statute was confirmed under Edward III. in the 4th, and again in the 5th year of his reign; and in the 25th of his reign [A. D. 1351], roused 'by the grievous complaints of all the commons of his realm,' the King and Parliament passed the famous Statute of Provisors, aimed directly at the Pope, and emphatically forbidding his nominations to English benefices. ... Three years afterwards it was found necessary to pass a statute forbidding citations to the court of Rome--[the prelude to the Statute of Præmunire, described below]. ... In 1389, there was an expectation that the Pope was about to attempt to enforce his claims, by excommunicating those who rejected them. ... The Parliament at once passed a highly penal statute. ... Matters were shortly afterwards brought to a crisis by Boniface IX., who after declaring the statutes enacted by the English Parliament null and void, granted to an Italian cardinal a prebendal stall at Wells, to which the king had already presented. Cross suits were at once instituted by the two claimants in the Papal and English courts. A decision was given by the latter, in favour of the king's nominee, and the bishops, having agreed to support the Crown, were forthwith excommunicated by the Pope. The Commons were now roused to the highest pitch of indignation,"--and the final great Statute of Præmunire was passed, A. D. 1393. "The firm and resolute attitude assumed by the country caused Boniface to yield; 'and for the moment,' observes Mr. Froude, 'and indeed for ever under this especial form, the wave of papal encroachment was rolled back.'"

_T. P. Taswell-Langmead, English Constitutional History,