ABSTRACT

Following the Statute of Marlborough 1267, feoffments which were designed to deprive lords of wardship could in some circumstances be deemed ‘collusive’ or ‘fraudulent’. This was further complicated from the mid-fourteenth century onwards by the common practice of creating uses to circumvent the common law rules prohibiting the devise of land by last will. The effect of uses being created to perform last wills was that lords, in particular the king, were losing out on their feudal incidents. The current view, put forward by legal historians, is that the Crown struggled to enforce the Statute of Marlborough after 1410, and that the ‘campaign’ against this loss of feudal revenue began in the 1520s. This article seeks to re-examine this view, particularly in relation to how Marlborough and collusion were understood and the Crown’s approach to the avoidance of feudal incidents before the Statute of Uses 1536.

摘要

根据1267年《马尔伯勒法令》，旨在剥夺领主的ship葬在某些情况下可被视为“串通”或“欺诈性”。从十四世纪中叶开始，由于创造使用用途来规避禁止在最后的意愿下进行土地开发的普通法规则的做法，使这一情况变得更加复杂。被创造来执行最后遗嘱的结果是，诸位，特别是国王，由于他们的封建事件而失败了。法律历史学家提出的当前观点是，王室在1410年后努力执行《马尔伯勒规约》，反对这种封建收入减少的“运动”始于1520年代。本文旨在重新审视这种观点，