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Mortmain
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'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church and the religiou ...
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Statutes Of Mortmain
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King (known as feudal ''incidents''), principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term. The Statutes of Mortmain were meant to re-establish the prohibition against donating land to the Church for the purpose of avoiding feudal services, a prohibition which had originated in Magna Carta in 1215 and was specifically defined in its 1217 issue. ...
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Statute Of Mortmain
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King (known as feudal ''incidents''), principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term. The Statutes of Mortmain were meant to re-establish the prohibition against donating land to the Church for the purpose of avoiding feudal services, a prohibition which had originated in Magna Carta in 1215 and was specifically defined in its 1217 issue. ...
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Herbert Cozens-Hardy, 1st Baron Cozens-Hardy
Herbert Hardy Cozens-Hardy, 1st Baron Cozens-Hardy, (1838–1920) was a British politician and judge who served as Master of the Rolls from 1907 until 1918. Early life and career Cozens-Hardy was born in Letheringsett, Norfolk in 1838, the second son of William Hardy Cozens-Hardy, a former Norwich solicitor, and Sarah, ''née'' Theobald, daughter of Thomas Theobald, textile manufacturer. His grandmother was the diarist Mary Hardy. His family were Methodists, a connection which proved to be useful in his career at the bar. Cozens-Hardy was educated at Amersham School and University College, London, where he matriculated in 1858 and gained the LLB in 1863, later becoming a fellow of University College. He was called to the bar at Lincoln's Inn in 1862, and read in the chambers of Thomas Lewin and James Dickinson. Cozens-Hardy acquired a large junior practice at the Chancery bar, and became Queen's Counsel in 1882. It was then the practice of Chancery Queen's Counsels ...
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Ash, Surrey
Ash is a village and civil parish in the far west of the borough of Guildford, Surrey. Ash is on the eastern side of the River Blackwater, with a station on the Reading-Guildford-Gatwick line, and direct roads to Aldershot, Farnham and Guildford. The 2011 census counted the residents of the main ward of Ash, which excludes Ash Vale, as 6,120. It is within the Aldershot Urban Area (the Blackwater Valley) and adjoins the riverside in the east of that large town; Ash has a small museum in the local cemetery chapel, a large secondary school and a library. Localities The southern part of the parish, including St. Peter's Church and Ash village, is on the London Clay; but the greater portion, once including Frimley, covers the western side of the ridge of Bagshot Sands, which is divided from Chobham Ridges by the dip through which the Basingstoke Canal and railway run, and is known as Ash Common, Fox Hills and Claygate Common (now in Surrey Wildlife Trust and MoD use). Ash G ...
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Rule Against Perpetuities
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystall ...
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Mediaeval Latin
Medieval Latin was the form of Literary Latin used in Roman Catholic Western Europe during the Middle Ages. In this region it served as the primary written language, though local languages were also written to varying degrees. Latin functioned as the main medium of scholarly exchange, as the liturgical language of the Church, and as the working language of science, literature, law, and administration. Medieval Latin represented a continuation of Classical Latin and Late Latin, with enhancements for new concepts as well as for the increasing integration of Christianity. Despite some meaningful differences from Classical Latin, Medieval writers did not regard it as a fundamentally different language. There is no real consensus on the exact boundary where Late Latin ends and Medieval Latin begins. Some scholarly surveys begin with the rise of early Ecclesiastical Latin in the middle of the 4th century, others around 500, and still others with the replacement of written Late Latin b ...
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Chertsey Abbey
Chertsey Abbey, dedicated to St Peter, was a Benedictine monastery located at Chertsey in the English county of Surrey. It was founded in 666 AD by Saint Erkenwald who was the first abbot, and from 675 AD the Bishop of London. At the same time he founded the abbey at Chertsey, Erkenwald founded Barking Abbey on the Thames east of London, where his sister Saint Ethelburga was the first abbess. Most of north-west Surrey was granted to the abbey by King Frithuwald of Surrey. Dark Age saints buried here include Saint Beocca, a Dark Ages Catholic Saint from Anglo-Saxon England buried here around 870 AD, and ninth century Saint Edor of Chertsey. In the 9th century it was sacked by the Danes and refounded from Abingdon Abbey by King Edgar of England in 964. In the eleventh century the monks engineered the Abbey River as an offshoot of the River Thames to supply power to the abbey's watermill. In late medieval times, the Abbey became famous as the burial place of King Henry VI ( ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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Sir Edward Coke
''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymo ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a bar ...
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Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of ''stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate ration ...
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