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JIANG Qizhou | The Enactment and Effectiveness of the Statute of Mortmain in Medieval England: An Urban Centered Analysis
January 9, 2026  

Abstract: Since the Norman Conquest, the English Church had acquired extensive real property from the laity, prompting a reconfiguration of resources and authority. To halt the flow of property into mortmain, i.e., inalienable ecclesiastical possession, King Edward I, based upon piecemeal urban restrictions, promulgated the Statute of Mortmain for the entire realm in 1279 through Parliament. A longue-durée assessment of the statute's enforcement in towns reveals that none of the three principal stakeholders—the Crown, the Church, and the burgesses or citizens adhered to it consistently. Although it appeared ineffective on the surface, this statute actually functioned as a policy instrument under the king's rule, a lubricant in church– state conflicts, and a mediator in centre-local relations. Its usefulness lies in its apparent uselessness. Hence, it was re-issued repeatedly and left a lasting legacy. Such legal practice displays a contradictory yet unified duality, which helps to understand the mechanics of state governance in medieval England.

Key wordsStatute of Mortmain; towns; legal practice; real property; Medieval England

Published on The Journal of Ancient Civilizations, Vol.20, No.1 (January, 2026), pp.70-80.

   

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