the king had no power to diſpenſe with the ſtatutes of mortmain by a clauſe of non obſtante[1], which was the uſual courſe, though it ſeems to have been unneceſſary[2]; and as, by the gradual declenſion of meſne ſigniories through the long operation of the ſtatute of quia emptores, the rights of intermediate lords were reduced to a very ſmall compaſs; it was therefore provided by the ſtatute 7 & 8 W. III. c. 37. that the crown for the future at it's own diſcretion may grant licences to aliene or take in mortmain, of whomſoever the tenements may be holden.
After the diſſolution of monaſteries under Henry VIII, though the policy of the next popiſh ſucceſſor affected to grant a ſecurity to the poſſeſſors of abbey lands, yet, in order to regain ſo much of them as either the zeal or timidity of their owners might induce them to part with, the ſtatutes of mortmain were ſuſpended for twenty years by the ſtatute 1 & 2 P. & M. c. 8. and, during that time, any lands or tenements were allowed to be granted to any ſpiritual corporation without any licence whatſoever. And, long afterwards, for a much better purpoſe, the augmentation of poor livings, it was enacted by the ſtatute 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 purchaſe of lands, without licence of mortmain in either caſe: and the like proviſion hath been ſince made, in favour of the governors of queen Anne's bounty[3]. It hath alſo been held[4], that the ſtatute 23 Hen. VIII. before-mentioned did not extend to any thing but ſuperſtitious uſes; and that therefore a man may give lands for the maintenance of a ſchool, an hoſpital, or any other charitable uſes. But as it was apprehended from recent experience, that perſons on their deathbeds might make large and improvident diſpoſitions even for theſe good purpoſes, and defeat the political ends of the ſtatutes of mortmain; it is therefore enacted by the ſtatute 9 Geo. II. c. 36. that no lands or tenements, or money to be laid out thereon,
