mortmain
when an organization owns a piece of land which will never pass to another owner, it' s known as a mortmain. a church' s property is often protected by a mortmain. mortmain literally means “dead hand. ”
the law of mortmain was abolished in britain in 1960. mortmain legislation still exists, however, in some other jurisdictions in the commonwealth and in the united states .
thinking himself invincible because of his army, mortmain bound the automatons to his own life .
mortmain was a short, middle - aged man with graying sideburns and light gray eyes .
‘new laws on mortmain limited the size of donations that might be bequeathed to religious foundations. ’
[ accessed 14 september 2012 ]; william chester jordan, ‘mortmain’, in joseph strayer ed. ,
mortmain was raised by a warlock couple, john and anne shade. [ 1 ] from his adoptive father, john, mortmain developed a shared interest in mechanical tinkering and the possibility of combining magic with devices. [ 2 ]
mortmain was a smart and deceitful man, able to trick and manipulate others easily, as well as wealthy and proud. mortmain was cruel and merciless, hardened by his deep hatred for shadowhunters and his years of plotting his revenge .
‘royal licences to acquire property in mortmain allowed for a period of expansion into adjacent properties in the early 14th century. ’
mortmain, statute of .
the oxford companion to british history. . retrieved july 09, 2018 from urltoken urltoken
despite being an adopted child, mortmain evidently had a close relationship with his parents, who had raised him with love and as if he was there own, no different from them. dubbed their
clockwork prince
, mortmain knew of his parents' activities and thought them justified by the time he was grown up. when his parents were killed, mortmain tried to plead a case, believing that his family was wrongly murdered. when he was denied this justice, mortmain devoted his entire life to avenging their deaths .
figure 1 shows that mortmain exactions made up virtually all of the income the bailiff collected in tielt in both may and september 1384 .
after that fateful night, mortmain bided his time, hiding in cadair idris, gathering his wits thinking of ways to finally get tessa .
what made you want to look up mortmain? please tell us where you read or heard it (including the quote, if possible) .
mortmain, statute of .
the oxford companion to british history. . encyclopedia. com. (july 9, 2018). urltoken
of land to a monastery or other corporation deprived the lord of many profitable feudal incidents, for the corporation was never under age, never died, and never committed felony or married. statutes were consequently passed between the 13th and the 16th century prohibiting alienation into mortmain without license from the crown. the modern law was contained in the mortmain and charitable uses acts, 1888 and 1891, and in a number of acts that authorized limited companies and some other corporations to hold land without license in mortmain. an unauthorized conveyance into mortmain made the land liable to forfeiture to the crown .
at one point, mortmain found a way to prolong his life, possibly through dark magic or through the contacts of his late parents, or even through a spell in the book of the white. because of the public nature of his business, mortmain, pulling the vampire trick, covered the fact that he did not age normally by faking his own death as dr. hollingworth mortmain and
leaving
his inheritance and shipping business to his
son
, axel mortmain. he then moved from shanghai to london, using his new identity as an excuse to change the course of the business from trading to mechanics. [ 3 ]
frustrated at tessa' s escape, mortmain left nate at the mercy of de quincey, believing nate' s use and plan to be flawed. when nate was rescued by tessa and the enclave, he contacted mortmain shortly after, still eager to prove himself to him, whom nate saw as a powerful figure that could help him rise in status, as well. mortmain took advantage of nate' s position and information, and the two began plotting their infiltration of the london institute .
land held in mortmain by some of the religious corporations were confiscated by the statute 27 henry viii, c. 28 (1535), and thus, according to
23 henry viii and this statute of george ii, in their effect on the dispositions of land, which they prohibit, differ from the old mortmain acts. the
the first mortmain act in england was enacted during the reign of king edward i. a later statute passed during the reign of king george ii was the model for subsequent mort - main acts in that it prevented the transfer of lands to charities unless the gift complied with certain requirements. mortmain acts have been abolished by statute .
‘the rest was in the hands of the church and nobility, protected against sale by entail or mortmain, or owned by urban corporations, or bourgeois landowners. ’
restricted by
the statute of mortmain commonly so called
, remarks the master of the rolls in corbyn vs. french, 4 vesey' s reports, 427 ,
but
, he adds ,
very improperly, for it does not prevent the alienation of land in mortmain, nor was that the object of the act
.
his adoptive parents were both murdered by the clave sometime after 1815. while he was also hunted, he was never found by the shadowhunters. mortmain believed that his parents were unjustly murdered, particularly anne, who was apparently unaware of the full extent of john' s dealings and plans. bent on revenge, mortmain began plotting the massacre of the race of shadowhunters. establishing a new identity, he chose the surname
mortmain
, which means
hand of death
in french, for himself. [ 1 ]
with his father' s watch, mortmain made tessa change into him. for some reason, tessa is overwhelmed by shade during the change, something mortmain seemed to have anticipated. after a brief moment of glee upon being reunited somewhat, mortmain hurriedly explained to his father his situation and asked him for the binding spell he created that would complete the animation of his clockwork army, binding the demon souls onto the automatons, making them both strong because of the demons, yet protected from shadowhunter weapons because of the mechanical bodies. before shade could finish writing the spell down, the change stopped abruptly, but mortmain was able to get what he needed and figured the rest out on his own .
in the law governing wills, statutes based upon the original mortmain acts have been passed in some states to restrict the power of a testator to make gifts to charities. these modern statutes, also called mortmain acts, protect only the immediate family of a decedent from disinheritance by death - bed gifts to charities when the will is executed within the statutory period .
when tessa was rescued by shadowhunters from the dark house, pieces of cogs and clockworks manufactured by mortmain' s company were found in the cellar, along with dissected bodies of people. that and the fact that mortmain is nate' s employer lead the shadowhunters' investigation to him. they questioned him, and even resorted to false threats, at one point, but throughout the interrogation, mortmain feigned surprise at the news of nate' s disappearance, claiming that nate had left his service to work for the club. mortmain also maintained the guise of a mere mundane, ignorant yet curious and aware of the shadow world through his membership at the pandemonium club, under the leadership of
the magister
, de quincey .
this time came sooner than he anticipated. jem, then tessa' s fiancé, was close to death. taunting the group, mortmain sent them a letter and a pack of yin fen, telling them his terms: tessa for the yin fen. though tessa wanted to oblige, jem refused outright and destroyed the instructions that would have allowed them to contact mortmain .
( new york, 1985), vol. 8, 488 col. 2. adding to the confusion, this meaning of ‘mortmain’ can also be found in french legal texts, spelled
said, that thanks were due to the noble lord for illustrating the inconvenience of the statute of mortmain. he knew a gentleman who had left a large property to a dissenting establishment to carry out certain charitable intentions, but which were defeated in consequence of the statute of mortmain. if it had been devised to oxford or cambridge instead of a dissenting institution, the intentions of the devisee would have been able to hays been carried into effect. he believed that if the statute of mortmain were abolished, it would allow of many persons leaving their property for charitable purposes .
‘hospitals and poor houses found the charitable bequests on which they had always relied dwindling, and, as ecclesiastical institutions, they were cut off from further endowments by legislation of 1749 restricting mortmain. ’
licences allowing, in particular instances, transfers into mortmain, notwithstanding the statute, were issued from time to time. the text of a licence of edward i himself has been preserved, permitting a certain
the manner of establishing a charity was in the course of time restricted by
the statute of mortmain commonly so called
, remarks the master of the rolls in corbyn vs. french, 4 vesey' s reports, 427 ,
but
, he adds ,
very improperly, for it does not prevent the alienation of land in mortmain, nor was that the object of the act
.
while the older enclave members went to de quincey' s hideout, mortmain went and told the remaining shadowhunters, the young will and jem, of
the magister' s
ultimate plan, which involved a ritual that would raise his clockwork army to be performed by mrs. dark. frantic, the pair rush off to the location mortmain told them about, leaving the institute and its inhabitants practically defenseless .
is not applied to the sovereign, yet land so taken
in manum nostram
is not to be retained. such a retaining would be in mortmain. and the king promises to convey the land to other
of mortmain, in so far as they applied to future conveyances to spiritual corporations, were suspended (1554) for twenty years (1 and 2 philip and mary, c. 8, sec. li) .
this early statute of mortmain applies only to action by religious houses in the way of enabling lay owners to hold their lands. the statute does not seem directed against the holding by the houses of land in their own possession. the correctness of sir william blackstone' s surmise that even before the conquest licences in mortmain had become necessary
among the saxons
( commentaries, b. 11, c. 18, 269) does not appear to be confirmed by this magna carta, nor, in any general sense, by the fact that the allusion in the constitutions of clarendon (1164) to mortmain was confined to advowsons (ibid .) .
the statutes 23 henry viii and this statute of george ii, in their effect on the dispositions of land, which they prohibit, differ from the old mortmain acts. the statutes referred to render such dispositions void, that is, of no effect whatsoever. but alienations in mortmain properly so termed were not mere nullities, but were effectual to transfer ownership of land to a corporation by which the land might be retained until its forfeiture .
soon enough, mortmain and his automatons returned and attacked, using jem' s shadowhunter blood, which one of his automatons swiped off of him from an encounter at the bridge, to get into the institute. during this time, mortmain had finally revealed himself as the true magister, and that de quincey was a patsy, with mrs. dark partly revealing the same to jem and will, both of whom then rushed back to the institute .
the noun mortmain is primarily a legal term, describing a kind of protection of a group' s hold on property or land. historically, buildings and land owned by a church organization would have a mortmain to protect the church against losing the property even after the death of the person in charge. in old french, mortemain literally means
dead hand ,
from the medieval latin manus mortua, which in legal terms means
inalienable power .
the pair arrived too late, however, as thomas and agatha had already perished in the battle, and jessamine, sophie, and tessa were cornered in the sanctuary, which mortmain was able to get into after tricking them with the mimicry of will' s voice. mortmain had nate and his automatons take the others away, leaving him and tessa alone together in the sanctuary. mortmain tried to convince and coax tessa into changing into his father. unwilling to give into his commands, tessa threatened to kill herself, going as far as changing into a woman who had been shot, faking her death through the wave of blood that poured out of her body, brought upon by the change .
( reading on the statute of uses) ,
the possessions that had been in mortmain began to stir abroad
, a
stir
extended by the statute 37 henry viii, c. 4 (1545), to other
axel mortmain, also known as the magister, was the head of the pandemonium club until 1878. having slowed his aging through the use of dark magic, mortmain dedicated his life to avenging his parents' deaths. he made tessa gray' s existence possible, hoping to use her for his own purposes to create a new race, a form of warlocks, half - demons and half - shadowhunters, that are superior to the nephilim and meant to cause their destruction .
believing her to be dead, mortmain grieved for the loss, of the being he had waited years to have. when will arrived, mortmain made a hasty escape with his teleportation ring, leaving behind a button from his jacket that will had cut with his seraph blade. while he would eventually realize that tessa survived, he was still ultimately unsuccessful that night. he was at least able to retrieve a pyxis, carrying the greater demon armaros, from the institute through nate. [ 3 ]
the residents of the london institute, along with magnus bane and a few silent brothers, arrived the following day. his army was able to quickly subdue and overpower them, and mortmain had tessa brought back to him. however, tessa, acting on impulse and a sudden notion, changed into the angel ithuriel. the freed portion of ithuriel' s spirit angrily called him out and crushed him in his fiery hands, killing him, mortmain' s last words being those of disbelief. [ 4 ]
the plan was foiled, however, when jessamine and nate' s relationship and their role in the plot are discovered, with jessamine and nate revealing parts of it to tessa. mortmain, however, anticipated this to some extent and had placed a block in jessamine' s mind, preventing the others from getting further information from her. benedict was turned, however, when charlotte threatened to expose him. for this failure, mortmain stopped sending him his medicine and left him to succumb to his disease and die .
wanting to show tessa what she helped him achieve, mortmain unleashes his army on a nearby village, horrifying tessa. he also sent some to ambush the emergency council meeting that was attended by almost all shadowhunters, killing several of the present and unprepared shadowhunters .
referred to render such dispositions void, that is, of no effect whatsoever. but alienations in mortmain properly so termed were not mere nullities, but were effectual to transfer ownership of land to a corporation by which the land might be retained until its forfeiture .
finally, mortmain once again demanded that tessa change into his father, john shade, as he once had. this time, however, he was able to convince tessa, with the promise that he would send jem yin fen when she does as he asks .
in the way of enabling lay owners to hold their lands. the statute does not seem directed against the holding by the houses of land in their own possession. the correctness of sir william blackstone' s surmise that even before the conquest licences in mortmain had become
united into one body, under a special denomination having perpetual succession under an artificial form
( shelford ,
a practical treatise on the law of mortmain, & c .
, philadelphia 1842, 22) had become established for purposes which, in respect to any
the statute of mortmain, was intended, as stubbs tells us, to put an end to
the fraudulent bestowal of estates on religious foundations, on the understanding that the donor should hold them as fiefs of the church, and as so exonerated from public burdens .
1279. mortmain refers to property held by a ‘dead hand’ and therefore inalienable. kings and barons objected to persons granting their land to a religious institution and receiving it back again, having shed, in the process, their military and other feudal obligations. the provisions of
nate adored mortmain more than anything, he treated him like a god because he was powerful and would have been capable of helping nate become powerful as well. he would even kill his own sister for the magister. mortmain didn' t share much affection towards him, however, as after the boy did something wrong, he gave him to de quincey for one of his downworlder parties where he would have been drained of blood and killed. in the end, nate was simply another pawn to serve a purpose for him and his goals .
years later, the grays' adopted son nathaniel wrote to him from new york, trying to blackmail him with information from elizabeth' s diary, in exchange for money or a job. instead, mortmain sent him a ticket to bring him down to london to see if he was the special child. he then learned that nate had an adoptive sister named theresa, and it was she who was the special child. ecstatic to finally have found her, mortmain had nate bring tessa to london, employing the dark sisters to train her ability .
land held in mortmain by some of the religious corporations were confiscated by the statute 27 henry viii, c. 28 (1535), and thus, according to lord bacon (reading on the statute of uses) ,
the possessions that had been in mortmain began to stir abroad
, a
stir
extended by the statute 37 henry viii, c. 4 (1545), to other religious houses and to chantries, this statute transferring their lands to the sovereign' s possession in consideration of his majesty' s great costs and charges in his then wars with france and scotland .
during the brief period of reaction after the death of king edward vi, the statutes of mortmain, in so far as they applied to future conveyances to spiritual corporations, were suspended (1554) for twenty years (1 and 2 philip and mary, c. 8, sec. li) .
, and an allusion of his to
plenty and purchasing
, suggest the view that holding of land in mortmain, being opposed to land stirring abroad and its ready purchase, was in the nature of a public inconvenience or mischief. similar views had not actuated the english kings and barons previous to
excluding from its operation cities and towns corporate, having, by their ancient customs, power to
devise into mortmain
, the statute alluded to declares trusts or assurances to the uses just mentioned
erected and made of devotions or by common assent of the people without any corporation
, or
to the uses and intents to have obites perpetual or a continual service of a priest forever
, or for sixty or eighty years, to be within the mischiefs of alienation
into mortmain
, and as to future gifts void except for terms not exceeding twenty years (cf. i edward vi, c. xiv) .
among the saxons
( commentaries, b. 11, c. 18, 269) does not appear to be confirmed by this magna carta, nor, in any general sense, by the fact that the allusion in the constitutions of clarendon (1164) to mortmain was confined to advowsons (ibid .) .
would specially commend, a statute of queen elizabeth mentions (43 elizabeth, c. iv, 1601). dispositions in aid of
superstitions
were not to be deemed charitable, and these the courts were to ascertain and condemn, in the varying light of english statutes, as evils like to alienations in mortmain .
the statute of mortmain bears a close relation to the statute quia emptores, enacted eleven years later, in which the feudal dues of the superior lords, the king the chief of them, are secured by the abolition of subinfeudation; as, in this act, they are secured by the limitation of ecclesiastical endowments .
the statute thereupon ordains that
no person, religious or other
, nullus religiosus aut alius quicumque, shall buy or sell lands or tenements or receive them, or appropriate them (under pain of forfeiture) so as to cause the land to come into mortmain, per quod ad manum mortuam terræ et tenementa hujusmodi deveniant quoque modo .
in the succeeding reign a law was passed making this law of elizabeth perpetual; and the 7th of james 1st commended people
who gave money to bind out apprentices .
this relaxation of the mortmain law continued in the reign of charles 2nd and after the revolution, for he found a law of william 3rd (7th and 8th) reciting—
dispositions for charity, which the law would specially commend, a statute of queen elizabeth mentions (43 elizabeth, c. iv, 1601). dispositions in aid of
superstitions
were not to be deemed charitable, and these the courts were to ascertain and condemn, in the varying light of english statutes, as evils like to alienations in mortmain .
licences allowing, in particular instances, transfers into mortmain, notwithstanding the statute, were issued from time to time. the text of a licence of edward i himself has been preserved, permitting a certain person to give a parcel of land to a certain prior and convent to be held sibi et successoribus suis in perpetuum, but subject to the due and accustomed services to the capitalibus dominis fœdi, illius (year books of the reign of king edward i, years xxxii - xxxiii, london, 1864, 499). this licence recites that it is given ob affectionem et benevolentiam towards the religious order. nor do licences in mortmain seem to have ever become in england, as in france, recognized sources of royal revenue .
which was when it came to some corporation
( lord bacon ,
reading on the statute of uses
), alienation of lands or tenements to a corporation being termed alienation in mortmain (stephen ,
new commentaries on the laws of england
, 15th ed. , london, 1908, i, 296). the alienation was formerly expressed by the now obsolete words
mortmain also told tessa that her existence was made possible because of his intervention, having kept track of her shadowhunter mother and letting loose the greater eidolon demon on her, thus producing her. he told her about the origin of her clockwork angel necklace, of how it had been his father' s and how he tuned it to her life to protect tessa from danger and harm .
when adele starkweather, now known as elizabeth, married richard gray, mortmain gave richard a job at his company to get closer to her. realizing what could be done with a child of a shadowhunter and a demon, he then sent out an eidolon demon to sleep and have a child with her. he hoped for a daughter, with whom he could have his own children with to create a new species superior to the shadowhunters. when a child was conceived, mortmain gave elizabeth the clockwork angel, which his adoptive father had made for his mother which had the angel ithuriel trapped in it, to protect the child from being stillborn. suspicious, the gray family left london without leaving a new address. he had since been looking for them, to no avail .
but opposition to mortmain holdings as being perpetuities appears in a statute of henry viii, which preceded the confiscating statutes. this is the statute 23 henry viii, c. x (1531), directed against holding of lands ,
to the use of parish churches, chapels, churchwardens, guilds, fraternities, commonalties, companies, or brotherhoods
, purposes previously acknowledged as charitable and religious .
he began with the shadowhunter who he believed wronged his family: aloysius starkweather of the york institute, whom he pleaded with through reparations in 1825, almost ten years after his parents' death. when he lost the case, mortmain decided to help faeries, who also held a grudge against aloysius, kidnap aloysius' infant granddaughter, adele starkweather, and replace her with the sickly mundane elizabeth moore .
in the institute' s sanctuary, when tessa appeared to have killed herself, he wept over her body, mourning the years he spent—then believed to have been wasted—preparing for her birth. though mortmain wanted to marry and impregnate her, it was only for his sick plans of creating a new species. he attempted to convince tessa to join him willingly with embellished words but eventually revealed his true cold and cruel nature .
at this point, mortmain had made benedict lightwood, a well - respected council member, his own puppet after promising him a cure for his demon pox. he made the lightwood challenge charlotte branwell for the position as the head of the institute, which would give him access to the institute' s great library, as well as some free rein of the enclave, aiding in his quest of destroying the council from within .
these associations
of many individuals united into one body, under a special denomination having perpetual succession under an artificial form
( shelford ,
a practical treatise on the law of mortmain, & c .
, philadelphia 1842, 22) had become established for purposes which, in respect to any property they were allowed to acquire or to retain, implied an ownership free from the vicissitudes and limited duration of ownership by natural persons .
saving to the lords
their wards and escheats and other services
. a statute of 1290 permits any freeman to part with his land, the feoffee to hold of the same lord and by the same services as his feoffor held. but the statute cautiously adds that in no wise are the lands to come into mortmain against the statute (see 18 edward i, c. i, c. ii, c. iii) .
the term manus mortua is not applied to the sovereign, yet land so taken
in manum nostram
is not to be retained. such a retaining would be in mortmain. and the king promises to convey the land to other persons subject to services from which ownership by the
religious men
or others had withdrawn it, services for the defence of the realm, alios inde feoffabimus per certa servitia nobis inde ad defensionem regni nostri facienda, saving to the lords
their wards and escheats and other services
. a statute of 1290 permits any freeman to part with his land, the feoffee to hold of the same lord and by the same services as his feoffor held. but the statute cautiously adds that in no wise are the lands to come into mortmain against the statute (see 18 edward i, c. i, c. ii, c. iii) .
we learn from sergeant stephen (op. cit. , iii, 174) that
there is now practically no restraint whatsoever on gifts of land by will for charitable purposes. pure personal estate
, he adds ,
may, of course, be freely bequeathed for these purposes
. all corporations, however, are yet precluded by english law from purchasing land
except by licence in mortmain from the crown
( ibid. , 16) .
mortmain refers to property held by a ‘dead hand’ and therefore inalienable. kings and barons objected to persons granting their land to a religious institution and receiving it back again, having shed, in the process, their military and other feudal obligations. the provisions of westminster (1259) declared against alienation of land without the lord' s permission. edward i' s statute of 1279 forbade such transfers on pain of forfeiture, to the chagrin of the clergy .
( 1259) declared against alienation of land without the lord' s permission. edward i' s statute of 1279 forbade such transfers on pain of forfeiture, to the chagrin of the clergy. loopholes in the statute were found and repeated efforts were made to block them. after the reformation, bequests were more likely to be made to charities or educational establishments, and exceptions to the prohibition of mortmain were made in favour of oxford and cambridge colleges, and trusts like the
reciting that gifts of lands in mortmain are restrained by magna cata, and other laws as against the public utility, but that
nevertheless this public mischief has of late greatly increased by many large and improvident alienations or dispositions to uses called charitable uses
, this statute (9 george ii, c. xxxvi, 1736) provides that thenceforth such dispositions shall be
null and void
, unless executed with certain prescribed solemnities, and not less than twelve months before the death of the donor .
but according to the existing law of england we learn from sergeant stephen (op. cit. , iii, 174) that
there is now practically no restraint whatsoever on gifts of land by will for charitable purposes. pure personal estate
, he adds ,
may, of course, be freely bequeathed for these purposes
. all corporations, however, are yet precluded by english law from purchasing land
except by licence in mortmain from the crown
( ibid. , 16) .
for, notwithstanding mortmain statutes, and as if to protect the sovereign from the reproach which, according to coke, he might otherwise have incurred, the lord chancellors seem, from a period long previous to that of king henry viii, to have protected and guarded trusts or uses in favour of charity. the chancellors seem to have administered this duty in their capacity as guardians of the king' s conscience, and by force of an assumed, if not expressed, delegation of the royal prerogative and sovereign will .
once there, he once again had mrs. black killed, in hopes of proving to tessa his dedication to her. he also revealed the full extent of his plans, expressing his interest in breeding the race of half - shadowhunters, half - demons, a new kind that is just like tessa, who are superior to the nephilim and would be able to destroy them, finally extracting his revenge. calling himself an honorable man, mortmain offered to marry her before getting his way with her. [ 4 ]
chancellor kent observes ,
we have not in this country re - enacted the statutes of mortmain or generally assumed them to be in force; and the only legal check to the acquisition of lands by corporations consists in those special restrictions contained in the acts by which they are incorporated … and in the force to be given to the exception of corporations out of the statute of wills
( commentaries on american law, 14th ed. , boston, 1896, ii, 282). the commentator states, by way of exception, that the
before the coming of the conqueror and his feudal lawyers much land in england had been acquired to be held by the spiritual tenure of frankalmoign, a tenure subjecting the holders to what was termed the trinoda necessitas f (or threefold obligation) of repairing highways, building castles, and repelling invasions, but otherwise to no service other than praying for the souls of the donor and his heirs, dead or alive (stephen, op. cit. , i, 139, 140). to such pious foundations already established none of the mortmain legislation applied .
the mortmain statute of edward i, known as
statutum de viris religiosis
, 7 edward i, enacted in 1279, and so often referred to by writers on english real property law, recites that religious men have entered into their own fees as well as into the fees of other men, and that those services due
and which at the beginning were provided for the defence of the realm
are wrongfully withdrawn and the escheats lost to the chief lords (duke ,
the law of charitable uses
, london, 1805, 193) .
ash was definitely asserted to be the property of the abbey in 1279, when the abbot with his men was declared to be quit of all forest dues in his vill of ash. (fn. 4) the chartulary of chertsey abbey (fn. 5) records that shortly after the statute,' vulgarly called mortmain,' 11 acres in ash with sufficient common pasture for his flocks and herds were held by robert de zathe, while geoffrey de bacsete (bagshot) and his brother william had 28. the atwaters of west clandon also held land in ash. (fn. 6 )
notwithstanding the statements in the cases cited from vesey' s reports that devises for charitable uses are not in themselves alienations in mortmain, the latter word' s meaning has yet been claimed to embrace any perpetual holding of land
in a dead or unserviceable hand
. and such, it is claimed ,
is the characteristic of alienations to charitable uses
. land dedicated to the service of charity and religion is said to be
practically inalienable
, because any disposition of it, which is incompatible with the carrying out or continuity of the benevolent purposes of the conveyance, will be restrained by courts of equity (lewis ,
a practical treatise on the law of perpetuity
, philadelphia, 1846, 689), in
the expressions quoted from lord bacon, and an allusion of his to
plenty and purchasing
, suggest the view that holding of land in mortmain, being opposed to land stirring abroad and its ready purchase, was in the nature of a public inconvenience or mischief. similar views had not actuated the english kings and barons previous to henry viii, who (to quote barrington ,
observations on the more ancient statutes
, london, 1796, 113) ,
had no notion of an inconvenience or mischief to the public from a stagnation of property
, realizing, however, that ,
as the land was given to god, the king and the barons lost all the usual profits of what was held under them
( ibid .) .
notwithstanding the statements in the cases cited from vesey' s reports that devises for charitable uses are not in themselves alienations in mortmain, the latter word' s meaning has yet been claimed to embrace any perpetual holding of land
in a dead or unserviceable hand
. and such, it is claimed ,
is the characteristic of alienations to charitable uses
. land dedicated to the service of charity and religion is said to be
practically inalienable
, because any disposition of it, which is incompatible with the carrying out or continuity of the benevolent purposes of the conveyance, will be restrained by courts of equity (lewis ,
a practical treatise on the law of perpetuity
, philadelphia, 1846, 689), in england the court of chancery .
( old fr. , morte meyn), dead - hand, or
such a state of possession of land as makes it inalienable
( wharton ,
law lexicon
, 10th ed. , london, 1902, s. v .), is
the possession of land or tenements by any corporation
( bouvier ,
law dictionary
, boston, 1897, s. v .), or
where the use came ad manum mortuam, which was when it came to some corporation
( lord bacon ,
reading on the statute of uses
), alienation of lands or tenements to a corporation being termed alienation in mortmain (stephen ,
new commentaries on the laws of england
, 15th ed. , london, 1908, i, 296). the alienation was formerly expressed by the now obsolete words amortization and amortisement, the person so alienating being said to amortize (murray ,
new english dictionary
, oxford and new york, 1888), a verb used by chaucer in connexion with good works
amortised by some following
( the persones tale). in old french amortissement was used in connexion with licences termed chartes d' amortissement, validating an alienation, amortir being defined éteindre en tout ou en partie les droits de la seigneurie féodale (
la grande encyclopédie
, paris, s. d. ;
century dictionary
, new york, s. d. , s. v. amortization; cf. the same use of the english word in statute 15 richard ii, c. 5) .
the condition of lands or tenements held without right of alienation, as by an ecclesiastical corporation; inalienable ownership .
urltoken unabridged based on the random house unabridged dictionary, © random house, inc. 2018
collins english dictionary - complete & unabridged 2012 digital edition © william collins sons & co. ltd. 1979, 1986 © harpercollins publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012
a history of the county of surrey: volume 3. originally published by victoria county history, london, 1911 .
esche, assche (xiii cent .); asshe (xiv cent .) .
the area of the parish is 6, 292 acres, including the district of wyke, formerly in worplesdon, but added to ash in 1880. (fn. 1 )
the making of aldershot camp has revolutionized the whole of this neighbourhood. the camp itself is in hampshire, but ranges have been established in ash parish, and houses in connexion with the camp have turned what were desolate heaths into a succession of straggling villages or even towns. henley park (q. v .) lies on the other side of the parish. it is one of the numerous parks formed in the surrey bailiwick of windsor forest. cobbett, the famous political and social reformer, farmed land at normandy in this parish .
of prehistoric antiquities only a few neolithic implements, in the surrey archaeological society' s museum at guildford, have been recorded .
there was an inclosure act (ash and frimley), 1801, making large inclosures of waste, but reserving certain rights of fuel (turf) to the inhabitants .
there are wesleyan and congregational chapels in the village. there are also wesleyan chapels in ash street and normandy. wyke is an ecclesiastical parish formed out of ash, worplesdon, and wanborough in 1847 (vide infra) .
henley park is the seat of sir owen roberts; normandy park of mr. p. g. henriques, j. p. ; westwood house of lieut. - colonel coussmaker .
ash school (national) was built in 1835; ash vale school (also national) was built in 1860, and enlarged 1897; wyke school (national) was built in 1874, and enlarged 1896 .
the victoria hall was built in 1897 as a jubilee memorial. it is used for meetings and entertainments .
frimley, though formerly part of ash, was in godley hundred, not in woking, which justifies a presumption that it may have become the property of chertsey abbey at an earlier date than ash .
palaeolithic flints have been found in the drift gravels on the hills, and a few neolithic implements at places unspecified in the parish. on the hill, near the southern end of chobham ridges, is a very large round barrow called round butt; south of it mainstone hill probably preserves the name of the standing stone, which formed a boundary mark of chobham in the early chertsey charter. dr. stukeley, in his itinerarium curiosum, records a roman urn and coins as found here .
frimley manor house is the seat of mrs. burrell, frimley park of mr. n. spens, watchetts of mr. h. j. b. hollings, prior place of mr. f. h. goldney .
the royal albert orphan asylum was built by subscription in 1864. it has about two hundred inmates, boys and girls. a farm is attached to it. schools (national) were built in 1842, and enlarged in 1897 .
york town with camberley is a small town which has grown up on the road in the northwestern part of frimley parish, and increased owing to the proximity of the military college, sandhurst, over the berkshire border, the staff college at camberley, and the albert asylum .
the royal military college, founded by frederick, duke of york, was removed under his direction to sandhurst, close to this neighbourhood (but in berkshire), in 1812. the houses which grew up near it in surrey were called after him, york town. when under a later royal commander - in - chief, the duke of cambridge, the staff college was built in 1862, the extension of york town was called cambridge town, but was soon changed to camberley for postal convenience, and under that name has become the most important place of the district .
schools (provided) were built at york town in 1883; at camberley in 1897; at camberley, infants, in 1902. there is a roman catholic school, built in 1877. there was a church school at york town from 1818 to 1883 .
frimley, york town, and camberley form an urban district under an urban district council, by the act of 1894 .
it seems probable that the manor of ash (esche, xii cent. ; asshe, assche, xiv cent .) was included under henley in the land which the domesday commissioners say that azor granted for his soul to chertsey in the time of king william. (fn. 2) the fact that the parish was known as ash by henley in the 14th century (fn. 3) lends colour to the suggestion that henley in early times was regarded as the more important place .
chertsey abbey. party or and argent st. paul' s sword having its hilt or crossed with st. peter' s keys gules and azure .
in 1537 the abbey granted ash with its other lands to henry viii, (fn. 7) and for a few years it seems to have remained as crown property. edward vi, however, shortly after his accession granted it to winchester college, (fn. 8) which still holds it .
there is no mention of a mill under henley in domesday book, but it is certain that a mill existed at ash from comparatively early times, for in 1322 the abbot of chertsey ordered a new windmill to be built at ash. (fn. 9) windmills were comparatively new in england then, and it may have been in place of a small water - mill of earlier date. there seems no later record of it .
henley (xi cent. onwards; henle, xiv cent. ; suth henle and henle on the heth) was granted in william' s reign to chertsey by azor, a wealthy englishman who had retained land after the conquest. (fn. 10 )
in 1343 the manor was reported to be in the king' s hands owing to' the rebellion' of john de molyns, who was one of the ministers disgraced in 1340 for alleged misappropriation of money, and the abbot took advantage of his tenant' s disgrace to renew his demands for rent; he pointed out that henley had been held of his church since the time of its foundation for the service of paying a sum of money with twelve gallons of honey yearly, and suit at the abbey' s court at ash. (fn. 16) the rent is said to have been wrongfully withdrawn by john de molyns .
john de molyns' disgrace appears to have been of only short duration. in 1343 the manor was again granted to him to hold in the same way as before, (fn. 17) and the next year he obtained a confirmation of that grant. (fn. 18) possibly the manor or part of it may have been granted to henry de stoughton (fn. 19) during de molyns' disgrace; at any rate, in 1349 henry released to him all his right in the manor. (fn. 20) some two years later john granted henley to the king in return for special privileges in his buckinghamshire property, (fn. 21) and in 1359 the king levied a fine against william son of john, (fn. 22) by which he made his possession more secure .
from that time henley manor remained crown property for upwards of three centuries, and the evidence for its history consists chiefly of appointments of stewards and parkers. in 1633 charles i granted it to robert tyrwhitt and arthur squib, (fn. 23) who sold it soon after to sir john glynn. (fn. 24) in 1724 the duke of roxburgh, lord justice in the absence of george i from england in 1723 and 1725, seems to have been residing at henley park. (fn. 25) bowen' s map of about 1736 also names him as occupier. sir john glynn' s son left three daughters, two of whom died unmarried, and the manor passed to dorothy, the third daughter, who married sir richard child, created earl of tylney in 1731. in 1739 the earl sold the manor to mr. solomon dayrolles, (fn. 26) who in 1784 conveyed to henry halsey. (fn. 27) the halsey family are still owners, but the late lord pirbright lived in the house, and sir owen roberts is the present tenant .
the manor of frimley, although part of the parish of ash, is in godley hundred, and is reckoned in it in a court roll. (fn. 47) it may have been the land in ash purchased for chertsey abbey by bartholomew de winton, the abbot, in 1277, from a sir walter raleigh. (fn. 48) william de henley' held land in fremelesworth' of the abbey, together with henley (q. v .), in 1324. it came into the possession of henry viii in 1537 (fn. 49) with other monastic lands, and was apparently held by the crown in demesne for some years. it was granted to sir john white of aldershot, (fn. 50) who died seised of it in 1573, (fn. 51) leaving a son and heir robert, then aged twenty - eight. robert died in 1599, (fn. 52) when the manor passed to his daughters helen and mary, who had respectively married richard and walter tichborne.
mortmain is the perpetual , inalienable ownership of real estate by a corporation or legal institution ; the term is usually used in the context of its prohibition . historically , the land owner usually would be the religious office of a church ; today , insofar as mortmain prohibitions against perpetual ownership still exist , it refers most often to modern companies and charitable trusts . the term " mortmain " is derived from mediaeval latin mortua manus , literally " dead hand " , through old french morte main . 
mortmain is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. the term " mortmain " is derived from mediaeval latin mortua manus, literally " dead hand ", through old french morte main.
mortmain is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. the term " mortmain " is derived from mediaeval latin mortua manus, literally " dead hand ", through old french morte main.