Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/289

 Ch. 18. the king had no power to dipene with the tatutes of mortmain by a claue of non obtante, which was the uual coure, though it eems to have been unneceary ; and as, by the gradual declenion of mene igniories through the long operation of the tatute of quia emptores, the rights of intermediate lords were reduced to a very mall compas; it was therefore provided by the tatute 7 & 8 W. III. c. 37. that the crown for the future at it's own dicretion may grant licences to aliene or take in mortmain, of whomoever the tenements may be holden.

the diolution of monateries under Henry VIII, though the policy of the next popih ucceor affected to grant a ecurity to the poeors of abbey lands, yet, in order to regain o much of them as either the zeal or timidity of their owners might induce them to part with, the tatutes of mortmain were upended for twenty years by the tatute 1 & 2 P. & M. c. 8. and, during that time, any lands or tenements were allowed to be granted to any piritual corporation without any licence whatoever. And, long afterwards, for a much better purpoe, the augmentation of poor livings, it was enacted by the tatute 17 Car. II. c. 3. that appropriators may annex the great tithes to the vicarages; and that all benefices under 100𝑙. per annum may be augmented by the purchae of lands, without licence of mortmain in either cae: and the like proviion hath been ince made, in favour of the governors of queen Anne's bounty. It hath alo been held, that the tatute 23 Hen. VIII. before-mentioned did not extend to any thing but upertitious ues; and that therefore a man may give lands for the maintenance of a chool, an hopital, or any other charitable ues. But as it was apprehended from recent experience, that perons on their deathbeds might make large and improvident dipoitions even for thee good purpoes, and defeat the political ends of the tatutes of mortmain; it is therefore enacted by the tatute 9 Geo. II. c. 36. that no lands or tenements, or money to be laid out thereon, Rh