‘By fraud and collusion’: Feudal Revenue and Enforcement of the Statute of Marlborough, 1267-1526

The University of Manchester Legal Research Paper Series No. 21/35

The Journal of Legal History, 2021, Volume 42, Issue 1, Pages 65-89

31 Pages Posted: 27 Dec 2021

See all articles by Ashley Hannay

Ashley Hannay

University of Manchester - School of Law

Date Written: March 1, 2021

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 paper 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 in the reign of King Henry VII.

Keywords: uses, trusts, fraud, collusion, feudal incidents, chancery, inquisitions post mortem

Suggested Citation

Hannay, Ashley, ‘By fraud and collusion’: Feudal Revenue and Enforcement of the Statute of Marlborough, 1267-1526 (March 2021). The University of Manchester Legal Research Paper Series No. 21/35, The Journal of Legal History, 2021, Volume 42, Issue 1, Pages 65-89, Available at SSRN: https://ssrn.com/abstract=3991901

Ashley Hannay (Contact Author)

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

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