mortmainn.

Brit.

/ˈmɔːtmeɪn/, U.S.

/ˈmɔrtˌmeɪn/

Forms: Middle English–1500s mortemayn, Middle English–1500s mortemayne, Middle English–1500s mortmayn, Middle English–1500s mortmayne, 1500s mortemeyn, 1500s morttmayne, 1500s–1700s mortmaine, 1500s– mortmain.

Origin: A borrowing from French. Etymon: French mortmayn.

Etymology: < Anglo-Norman mortmayn, morte meyn (see quot. 1344; compare post-classical Latin manus mortua , from second half of the 13th cent. in this sense, chiefly in British sources: see quot. 1279), probably spec. use of Old French mortes meins (1213), mortemain (1237) (see below) < morte , feminine of mort dead (see mort n.¹) + main hand (see main n.³), after post-classical Latin mortua manus , manus mortua (from 11th cent.; from 9th cent. in more general sense ‘passing into other hands by death’). Compare Old French mainmorte (see mainmorte n.), Spanish manos muertas (1734), Portuguese mão morta (a1877), Italian mano morta (1767 as manimorte ). See also dead-hand n.Post-classical Latin mortua manus , manus mortua , and similarly Old French, Middle French mortemain , were used in continental sources to denote the custom by which serfs (and other classes included under the term homines manus mortuae ) had no power of testamentary disposition, their possessions reverting to the lord. This sense is not found for English mortmain or its antecedents in Anglo-Norman or post-classical Latin in British sources, although compare mainmorte n. 2. The link between the two senses is probably the inalienability of the possessions in each case. For examples of the word in its English sense in post-classical Latin and Anglo-Norman see:1279 in Statutes of Realm (1810) I. 51 Providimus..quod nullus Religiosus aut alius quicumque, terras..emere vel vendere..præsumat..per quod ad manum mortuam terre..hujusmodi deveniant quoquo modo.1344 in Statutes of Realm (1810) I. 302 Si Prelatz, clers beneficez, ou gentz de Religion qount purchacez terres & les ount mys a mort meyn, soient empeschez ou aresonez.

Law.

1. The condition of lands or tenements held inalienably by an ecclesiastical or other corporation; lands or tenements so held. Frequently attributive. Now historical.Alienations in mortmain, as being injurious to the rights of the crown and the mesne lords, were forbidden under English law by Act 7 Edw. I, st. 2 (see quot. 1279 in etymological note) and many subsequent Acts, known as the ‘Statutes of Mortmain’. In practice, however, such grants continued after 1279, but now required prior royal licence. The prohibitions of alienations in mortmain contained in these statutes were finally abolished by the Charities Act 1960, the vast majority of corporations having by then in any case acquired exemption from the requirement that they obtain a royal licence to hold property. licence of mortmain n. an instrument conveying the permission of the monarch to alienate property in mortmain.

ΘΚΠ

society > law > legal right > right of possession or ownership > tenure of property > [noun] > mortmain

mainmortea1387

mortmain1464

dead-hand1615

society > law > transfer of property > types of transfer > charter or deed conveying property > [noun] > instrument permitting alienation in mortmain

mortmain1567

licence of mortmain1623

1464 Rolls of Parl. V. 518/2 Licence..to yeve into Mortmayne any Landes, Tenementes, Rentes, or Advousons of Chirches.

a1475 in A. Clark Eng. Reg. Godstow Nunnery (1906) ii. 446 Hit shold not be lawfull to Religious peple to entre the fee of ony or of other, so that hit shold come into morte-mayne, without his licence.

a1513 R. Fabyan New Cronycles Eng. & Fraunce (1516) II. f. lxiiii This yere was the statute of Mortmayn Enacted firste.

a1563 J. Bale King Johan (1969) i. 205 This cumpany hath provyded for me morttmayne.

1590 H. Swinburne Briefe Treat. Test. & Willes iii. f. 71 Citizens, burgesses and freemen, maie bequeath their burgage landes to Mortmain, which others can not doe.

1623 Sir T. Crew Speech House of Commons in J. Rushworth Hist. Coll. (1659) 117 The Subjects thereby were enabled to found Hospitals without Licence of Mortmain.

1642 D. Rogers Naaman 165 There was a Statute we know of Mortmaine,..to cut of the validity of such gifts as were given to the Clergy for Popish ends.

1827 T. Jarman Powell's Ess. Learning of Devises (ed. 3) II. 13 The statute 7 and 8 Wm. III. c. 37..provides that the Crown..may grant licenses to aliene, or take in mortmain, of whomsoever the tenements shall be holden.

1837 J. R. McCulloch Statist. Acct. Brit. Empire II. v. i. 488 In many parishes..money has been placed in mortmain..for the better endowment of parish schools.

1894 Forum June 449 These funds are no more labile than any other form of trust or mortmain.

1961 J. Unett Making Pedigree viii. 55 Inquisitions..often lead to a subsequent charter, or licence to alienate in mortmain (to a monastery, charity, or other ‘dead hand’).

1980 Antiquaries Jrnl. 60 81 It was usual for most of the clergy to be taxed with the laity on property acquired under licence of mortmain after 1291.

†2. A licence of mortmain. Obsolete.

ΘΚΠ

society > law > transfer of property > types of transfer > charter or deed conveying property > [noun] > instrument permitting alienation in mortmain

mortmain1567

licence of mortmain1623

1567 in W. H. Turner Select. Rec. Oxf. (1880) 320 In purchasinge a mortmayne.

a1599 E. Spenser View State Ireland 115 in J. Ware Two Hist. Ireland (1633) For maintenance of..which [school-houses], it were meete that some small portion of lands were allotted, sith no more Mortmaines are to be looked for.

1655 T. Fuller Hist. Univ. Cambr. viii. 153 in Church-hist. Brit. They humbly requested of Her Highnesse a Mortmaine to found a Colledge.

a1661 T. Fuller Worthies (1662) Northumb. 308 He bought three tenements..and (by a Mortmain procured from King Edward the fourth,) erected of them a small Colledge.

3. In extended use.The figurative use is often based on the notion that the ‘dead hand’ refers to the posthumous control exercised by the testator over the uses to which the property is to be applied.

ΚΠ

1625 T. Jackson Treat. Originall of Vnbeliefe v. xxi. §3 Alexander..seeks afterward to solace his griefs by procuring mortmain from the oracle for his dead friend to hold greater honours than this great conqueror..could have bestowed upon him.

1756 E. Perronet Mitre i. lxxxviii. 22 Nurses and searchers of the dead..drunken bear their prize away, The mortmain of their loan.

1852 H. W. Longfellow Haunted Houses v Owners and occupants of earlier dates From graves forgotten stretch their dusty hands, And hold in mortmain still their old estates.

1876 J. R. Lowell Among my Bks. 2nd Ser. 228 Sir George Beaumont, dying in 1827,..contrived to hold his affection in mortmain by the legacy of an annuity of £100.

1876 J. B. Mayor in Contemp. Rev. 27 892 There was a time when the thought of Christendom was in mortmain no less than its land.

1951 G. Greene End of Affair ii. i. 56 Catholics are always said to be freed in the confessional from the mortmain of the past.

1970 R. Lowell Notebk. 22 The horrifying mortmain of Ephemera: keys, drift, sea-urchin shells, Packratted off with joy.

Compounds

Mortmain Act n. the statute 9 Geo. II, cap. 36, passed in 1736, imposing restrictions on the devising of property to charitable uses; (also more generally) the title of various later statutes having a similar object.

ΚΠ

1787 (title) A succinct view of the History of Mortmain; the Statutes relative to Charitable Uses; and full exposition of the last mortmain act (9 Geo. 2. c. 36).

1844 J. Williams Princ. Law Real Prop. i. iii. 70 The stringency of the provisions in the Mortmain Act.

1900 Dict. National Biogr. LXIII. 348/1 Hardwicke suffered the excessively stringent Mortmain Act of 1736 to pass without other amendment.

† Mortmain Bill n. Obsolete = Mortmain Act n.

ΚΠ

1736 Ld. Bruce in Buccleuch MSS (Hist. MSS Comm.) (1899) I. 389 I intend being at London..to attend the Mortmain Bill.

Mortmain Statutes n. the Statutes of Mortmain (see sense 1).

ΚΠ

1903 A. Robertson Rom. Catholic Church in Italy (1905) v. 114 The Mortmain Statutes were framed to prevent the Church Corporations from getting hold of real property.

This entry has been updated (OED Third Edition, December 2002; most recently modified version published online March 2022).

单词	mortmain
释义	mortmainn. Brit. /ˈmɔːtmeɪn/, U.S. /ˈmɔrtˌmeɪn/ Forms: Middle English–1500s mortemayn, Middle English–1500s mortemayne, Middle English–1500s mortmayn, Middle English–1500s mortmayne, 1500s mortemeyn, 1500s morttmayne, 1500s–1700s mortmaine, 1500s– mortmain. Origin: A borrowing from French. Etymon: French mortmayn. Etymology: < Anglo-Norman mortmayn, morte meyn (see quot. 1344; compare post-classical Latin manus mortua , from second half of the 13th cent. in this sense, chiefly in British sources: see quot. 1279), probably spec. use of Old French mortes meins (1213), mortemain (1237) (see below) < morte , feminine of mort dead (see mort n.¹) + main hand (see main n.³), after post-classical Latin mortua manus , manus mortua (from 11th cent.; from 9th cent. in more general sense ‘passing into other hands by death’). Compare Old French mainmorte (see mainmorte n.), Spanish manos muertas (1734), Portuguese mão morta (a1877), Italian mano morta (1767 as manimorte ). See also dead-hand n.Post-classical Latin mortua manus , manus mortua , and similarly Old French, Middle French mortemain , were used in continental sources to denote the custom by which serfs (and other classes included under the term homines manus mortuae ) had no power of testamentary disposition, their possessions reverting to the lord. This sense is not found for English mortmain or its antecedents in Anglo-Norman or post-classical Latin in British sources, although compare mainmorte n. 2. The link between the two senses is probably the inalienability of the possessions in each case. For examples of the word in its English sense in post-classical Latin and Anglo-Norman see:1279 in Statutes of Realm (1810) I. 51 Providimus..quod nullus Religiosus aut alius quicumque, terras..emere vel vendere..præsumat..per quod ad manum mortuam terre..hujusmodi deveniant quoquo modo.1344 in Statutes of Realm (1810) I. 302 Si Prelatz, clers beneficez, ou gentz de Religion qount purchacez terres & les ount mys a mort meyn, soient empeschez ou aresonez. Law. 1. The condition of lands or tenements held inalienably by an ecclesiastical or other corporation; lands or tenements so held. Frequently attributive. Now historical.Alienations in mortmain, as being injurious to the rights of the crown and the mesne lords, were forbidden under English law by Act 7 Edw. I, st. 2 (see quot. 1279 in etymological note) and many subsequent Acts, known as the ‘Statutes of Mortmain’. In practice, however, such grants continued after 1279, but now required prior royal licence. The prohibitions of alienations in mortmain contained in these statutes were finally abolished by the Charities Act 1960, the vast majority of corporations having by then in any case acquired exemption from the requirement that they obtain a royal licence to hold property. licence of mortmain n. an instrument conveying the permission of the monarch to alienate property in mortmain. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > [noun] > mortmain mainmortea1387 mortmain1464 dead-hand1615 society > law > transfer of property > types of transfer > charter or deed conveying property > [noun] > instrument permitting alienation in mortmain mortmain1567 licence of mortmain1623 1464 Rolls of Parl. V. 518/2 Licence..to yeve into Mortmayne any Landes, Tenementes, Rentes, or Advousons of Chirches. a1475 in A. Clark Eng. Reg. Godstow Nunnery (1906) ii. 446 Hit shold not be lawfull to Religious peple to entre the fee of ony or of other, so that hit shold come into morte-mayne, without his licence. a1513 R. Fabyan New Cronycles Eng. & Fraunce (1516) II. f. lxiiii This yere was the statute of Mortmayn Enacted firste. a1563 J. Bale King Johan (1969) i. 205 This cumpany hath provyded for me morttmayne. 1590 H. Swinburne Briefe Treat. Test. & Willes iii. f. 71 Citizens, burgesses and freemen, maie bequeath their burgage landes to Mortmain, which others can not doe. 1623 Sir T. Crew Speech House of Commons in J. Rushworth Hist. Coll. (1659) 117 The Subjects thereby were enabled to found Hospitals without Licence of Mortmain. 1642 D. Rogers Naaman 165 There was a Statute we know of Mortmaine,..to cut of the validity of such gifts as were given to the Clergy for Popish ends. 1827 T. Jarman Powell's Ess. Learning of Devises (ed. 3) II. 13 The statute 7 and 8 Wm. III. c. 37..provides that the Crown..may grant licenses to aliene, or take in mortmain, of whomsoever the tenements shall be holden. 1837 J. R. McCulloch Statist. Acct. Brit. Empire II. v. i. 488 In many parishes..money has been placed in mortmain..for the better endowment of parish schools. 1894 Forum June 449 These funds are no more labile than any other form of trust or mortmain. 1961 J. Unett Making Pedigree viii. 55 Inquisitions..often lead to a subsequent charter, or licence to alienate in mortmain (to a monastery, charity, or other ‘dead hand’). 1980 Antiquaries Jrnl. 60 81 It was usual for most of the clergy to be taxed with the laity on property acquired under licence of mortmain after 1291. †2. A licence of mortmain. Obsolete. ΘΚΠ society > law > transfer of property > types of transfer > charter or deed conveying property > [noun] > instrument permitting alienation in mortmain mortmain1567 licence of mortmain1623 1567 in W. H. Turner Select. Rec. Oxf. (1880) 320 In purchasinge a mortmayne. a1599 E. Spenser View State Ireland 115 in J. Ware Two Hist. Ireland (1633) For maintenance of..which [school-houses], it were meete that some small portion of lands were allotted, sith no more Mortmaines are to be looked for. 1655 T. Fuller Hist. Univ. Cambr. viii. 153 in Church-hist. Brit. They humbly requested of Her Highnesse a Mortmaine to found a Colledge. a1661 T. Fuller Worthies (1662) Northumb. 308 He bought three tenements..and (by a Mortmain procured from King Edward the fourth,) erected of them a small Colledge. 3. In extended use.The figurative use is often based on the notion that the ‘dead hand’ refers to the posthumous control exercised by the testator over the uses to which the property is to be applied. ΚΠ 1625 T. Jackson Treat. Originall of Vnbeliefe v. xxi. §3 Alexander..seeks afterward to solace his griefs by procuring mortmain from the oracle for his dead friend to hold greater honours than this great conqueror..could have bestowed upon him. 1756 E. Perronet Mitre i. lxxxviii. 22 Nurses and searchers of the dead..drunken bear their prize away, The mortmain of their loan. 1852 H. W. Longfellow Haunted Houses v Owners and occupants of earlier dates From graves forgotten stretch their dusty hands, And hold in mortmain still their old estates. 1876 J. R. Lowell Among my Bks. 2nd Ser. 228 Sir George Beaumont, dying in 1827,..contrived to hold his affection in mortmain by the legacy of an annuity of £100. 1876 J. B. Mayor in Contemp. Rev. 27 892 There was a time when the thought of Christendom was in mortmain no less than its land. 1951 G. Greene End of Affair ii. i. 56 Catholics are always said to be freed in the confessional from the mortmain of the past. 1970 R. Lowell Notebk. 22 The horrifying mortmain of Ephemera: keys, drift, sea-urchin shells, Packratted off with joy. Compounds Mortmain Act n. the statute 9 Geo. II, cap. 36, passed in 1736, imposing restrictions on the devising of property to charitable uses; (also more generally) the title of various later statutes having a similar object. ΚΠ 1787 (title) A succinct view of the History of Mortmain; the Statutes relative to Charitable Uses; and full exposition of the last mortmain act (9 Geo. 2. c. 36). 1844 J. Williams Princ. Law Real Prop. i. iii. 70 The stringency of the provisions in the Mortmain Act. 1900 Dict. National Biogr. LXIII. 348/1 Hardwicke suffered the excessively stringent Mortmain Act of 1736 to pass without other amendment. † Mortmain Bill n. Obsolete = Mortmain Act n. ΚΠ 1736 Ld. Bruce in Buccleuch MSS (Hist. MSS Comm.) (1899) I. 389 I intend being at London..to attend the Mortmain Bill. Mortmain Statutes n. the Statutes of Mortmain (see sense 1). ΚΠ 1903 A. Robertson Rom. Catholic Church in Italy (1905) v. 114 The Mortmain Statutes were framed to prevent the Church Corporations from getting hold of real property. This entry has been updated (OED Third Edition, December 2002; most recently modified version published online March 2022). † mortmainv. Forms: see mortmain n. Origin: Formed within English, by conversion. Etymon: mortmain n. Etymology: < mortmain n. Law. Obsolete. transitive. To grant (property) in mortmain. Also figurative. ΘΚΠ society > law > transfer of property > types of transfer > [verb (transitive)] > alienate in mortmain amortize1395 mortise?a1425 enmortise1439 mortmain1530 amortify1556 1530 J. Palsgrave Lesclarcissement 641/1 I mortmayne landes, I gyve landes to the churche to be payed for... He hath mortmayned his chiefe maner..to the next abbaye to hym. c1534 T. Cranmer Let. 28 Apr. in Remains (1833) I. 103 The said lands, which the said prebendaries shall have of him, to be mortmained by a certain day. 1880 W. F. Skene Celtic Scotl. iii. 57 Colban Mormaer of Buchan..mortmained all the foregoing offerings to God. This entry has been updated (OED Third Edition, December 2002; most recently modified version published online June 2020). < n.1464v.1530
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mortmainn.

Compounds

† mortmainv.