Talk:Statutes of Mortmain

Discussion of alienation
I moved discussion of alienation to Quia_Emptores because I feel that is a more appropriate place for it. What do you think, A E Francis? Count Truthstein (talk) 17:04, 6 November 2013 (UTC)

Hi Count Truthstein. It is just a judgment call. The part about alienation is important because of its development in terms of donation to the Church. In other words, the growing ability of freeholders to alienate property developed radically between the time of Glanville and Bracton - that is between the time of Henry II and Henry III. Plucknett has a nice discussion of this, especially as it pertains to mortmain on pages 24, 27, 31, 541-542 and 615. Plucknett is available on line now.

http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2458&chapter=242623&layout=html&Itemid=27

That and Holdsworth are the sources I used to write this. Holdsworth is available on line now, too. So let me know what you think.


 * Changes to alienation before the statutes is important; maybe there could be a summary of this with a link to Quia Emptores for more information. Count Truthstein (talk) 14:53, 3 January 2014 (UTC)

That is OK with me.
 * So I've included the two types of alienation and opinions on when it was possible. I've included two examples of how it could deprive the overlord of their rights, including the example of frankalmoign which is germane to this article. I have not read your references to Plucknett and Holdsworth so far. There could be some discussion of changes to alienation in the period you mention if it is not covered already. Count Truthstein (talk) 13:47, 4 January 2014 (UTC)

Black Death
"One cannot overstate the power of the tenant in the mid 13th Century, where the Black Death had, virtually overnight, reduced the population of the kingdom by between one-third and one-half, and created a changed economic reality, a seller's market,..." except that this event occurred in the mid 14th century (Summer of 1348) Ellay1964 (talk) 15:46, 12 October 2020 (UTC)

Agreed. — Preceding unsigned comment added by 96.239.55.250 (talk) 17:10, 25 March 2021 (UTC)

Also agreed. Should we make this change? — Preceding unsigned comment added by Austreneland (talk • contribs) 23:10, 7 January 2022 (UTC)

This must be a simple error of "13th century" for "1300s". Definitely should be changed. Vultur~enwiki (talk) 22:49, 8 February 2023 (UTC)

Error in summary: post dissolution land grants
'The issue was only finally resolved in 1535, when Henry VIII dissolved the monasteries, confiscating all monastic lands for the Crown, though the bishops remained endowed with much land.'

This is my new phrasing, correcting the idea that the crown took ownership of ALL church land. However my knowledge isn't enough to know how the issue addressed by Mortmain was addressed during the Tudor period and later, although endowing the church seems to be less of a feature thereafter... Ender&#39;s Shadow Snr (talk) 17:58, 16 January 2022 (UTC)