Mortmain facts for kids

Mortmain (pronounced "mort-main") is a special legal term. It means when land is owned forever by a group or organization, like a company or a church, instead of by a single person. This land can't be sold or passed on easily. The word "mortmain" comes from an old Latin phrase, mortua manus, which means "dead hand." It's called this because the land is held by a "dead hand" – an organization that doesn't die like a person.

History of Mortmain Laws

Land Ownership in the Middle Ages

During the Middle Ages in places like England, the Catholic Church became very powerful. It owned a huge amount of land. This was different from how most land was owned back then. Usually, a king would give land to a noble (a rich and powerful person) in exchange for their loyalty and military service. When the noble died, the land would often go back to the king or to the noble's children.

However, the Church was seen as a "legal person." This means it was treated like a person in law, but it never died. So, when a bishop or abbot (a Church leader) died, the land they managed for the Church didn't go back to the king. It stayed with the Church forever. This meant the Church kept getting more and more land over time.

Why Kings Disliked Mortmain

As the Church gained more land, kings started to worry. They wanted to control the land in their kingdoms. Land was important for power, taxes, and raising armies. If the Church owned too much land, kings couldn't get taxes from it or use it for their own purposes. This created a lot of tension between the kings and the Church.

The Statutes of Mortmain

To deal with this problem, King Edward I passed special laws called the Statutes of Mortmain. These laws were made in 1279 and again in 1290. Their main goal was to limit how much land the Church could own.

These laws meant that the king's permission was needed before any land could be given to an organization like the Church forever. This helped kings regain some control over land ownership in their kingdoms. Even before Edward I, some rules against mortmain were in place, like in the Magna Carta (1215).

Mortmain Today

Today, mortmain laws are not as common as they used to be. In most countries, it's legal for companies and charities to own land forever. However, there are still some rules that prevent land from being tied up "forever" by a "dead hand." These rules are often called "rules against perpetuities." They make sure that land can still be bought, sold, and used in new ways over time, rather than being stuck in the past.

What "Dead Hand" Means

The idea of the "dead hand" comes from the fact that an organization, like a church or a company, doesn't die. So, if land is given to it, that land is held by a "hand" that will never let go. This was a big concern for kings who wanted to manage their kingdoms and collect taxes from land.

See also

• Cestui que
• Statutes of Mortmain
• Waqf, the Islamic equivalent of mortmain