Etymology:
Meaning:
Mortmain refers to the legal concept that prohibits the transfer of land or property into the ownership of religious or charitable institutions. It effectively prevents the accumulation of large estates by such institutions and ensures that land remains in circulation within the community.
Origin:
The concept of mortmain emerged in medieval Europe during the 13th century. At that time, religious institutions and monasteries were amassing vast amounts of land, often through donations or bequests. This concentration of land ownership was seen as a threat to the stability and authority of the Crown.
In response, various European rulers, including King Henry III of England, issued statutes known as Mortmain Acts. These laws prohibited the alienation of land into religious "dead hands," meaning that such property could not be transferred without royal consent.
The Mortmain Acts served to limit the growth of ecclesiastical wealth and power and to preserve land for the benefit of the wider community. The concept of mortmain continues to be relevant in modern legal systems, where certain restrictions on the transfer of land to non-profit organizations may exist.
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