The Statute of Uses: A Tudor Solution to the Evasion of Feudal Incidents and Its Consequences

Simple item page
dc.contributor.advisorHamilton, Jeffrey S.
dc.contributor.authorDonlon, Patrick
dc.contributor.departmentHistory.en_US
dc.contributor.otherBaylor University.en_US
dc.contributor.schoolsHonors College.en_US
dc.date.accessioned2014-06-02T18:45:19Z
dc.date.available2014-06-02T18:45:19Z
dc.date.copyright2014
dc.date.issued2014-06-02
dc.description.abstractThe Statute of Uses: A Tudor Solution to the Evasion of Feudal Incidents and Its Consequences Following the Norman Conquest of England in 1066, William the Conqueror instituted English feudalism. In return for their title to English lands, William’s Norman supporters were obligated to provide military service and payment of feudal incidents. Essentially, the incidents were payments made to a feudal lord as relief to legally inherit property, compensation for transfer of property to a minor, and various other occurrences. Initial ambiguity concerning the extent of incidents enabled the Crown and other feudal lords to abuse their position. As monarchical authority fluctuated, English vassals consistently sought to establish limitations on the right to incidents. Vassals also began looking for a legal method of evasion preceding the reign of Edward I, whose predecessor established a bureaucratic office to pursue royal incidents relentlessly. Enfeoffment to use, a method of property conveyance that could be employed to avoid feudal obligations, increased in popularity as a means of flexible property settlement. Largely because of this legitimate end, uses were slowly incorporated into English property law. By the reign of Henry VIII, an enfeoffment to use often resulted in the avoidance of feudal incidents. The Crown, alone unable to benefit from the device’s use, was most affected. Initially intent on compromising, King Henry VIII’s solution was rejected. The king, desperate to secure favorable legislation, effectively ignored and reversed two centuries of established legal precedent, guaranteeing the enactment of the Statute of Uses (1536). The Statute was instrumental in the early formation of the doctrines of a trust and led immediately to the Pilgrimage of Grace, which resulted in the Statute of Wills (1540) and the right to flexible methods of devise.en_US
dc.identifier.urihttp://hdl.handle.net/2104/9014
dc.language.isoen_USen_US
dc.rightsBaylor University projects are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission. Contact libraryquestions@baylor.edu for inquiries about permission.en_US
dc.rights.accessrightsWorldwide accessen_US
dc.subjectEnglish feudal property lawen_US
dc.titleThe Statute of Uses: A Tudor Solution to the Evasion of Feudal Incidents and Its Consequencesen_US
dc.typeThesisen_US

Files

Original bundle

Now showing 1 - 2 of 2
Thumbnail Image
Name:
English Feudalism and Enfeoffment to Use.pdf
Size:
239.85 KB
Format:
Adobe Portable Document Format
Description:
Thesis
Download
No Thumbnail Available
Name:
img001.jpg
Size:
905.31 KB
Format:
Joint Photographic Experts Group/JPEG File Interchange Format (JFIF)
Description:
Thesis Copyright and Availability Form
Download

License bundle

Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.87 KB
Format:
Item-specific license agreed upon to submission
Description:
Download

Collections

Theses - Honors College