This chapter and the next treat of wardship,[382] a much hated feudal incident, which undoubtedly afforded openings for grave abuses. It is a mistake, however, to regard its mere existence as an abuse: it seems to have been perfectly legal in England from the date of the Norman Conquest, although some writers[383] consider it an innovation devised by William Rufus and Flambard, without precedent in the Conqueror’s reign. The chief argument for this mistaken view is that Henry I., in promising redress of several admitted inventions of Rufus, promised also to reform wardship. This may show that wardship was abused, but does not prove it an innovation. ----- Footnote 382: The nature of wardship is more fully explained _supra_, pp. 75-7. Footnote 383: _E.g._ Mr. Taswell-Langmead, _Engl. Const. History_, p. 51, n. ----- The Charter of Henry committed him undoubtedly to drastic remedies, which would have amounted to the virtual abolition of wardship altogether. Chapter 4 of that document removed from the lord’s custody both the land and the person of the heir, and gave them to the widow of the deceased tenant (or to one of the kinsmen, if such kinsman had, by ancient custom, rights prior to those of the widow).[384] This was only one of the many insincere promises which the “lion of justice” never kept, and probably never meant to keep. Wardship continued to be exacted from lay fiefs throughout the reigns of Henry I. and Stephen. Article 4 of the Assize of Northampton (1176) merely confirmed the existing practice when it allowed wardship to the lord of the fee.[385] The barons in 1215 made no attempt to alter this, or to revert to the drastic remedies of the Charter of Henry I., although the evils complained of had become worse under John’s misgovernment. ----- Footnote 384: “This, it would seem, was the old English rule”; see Ramsay, _Foundations of England_, II. 230. ----- It must be remembered that “wardship” placed the property and person of the heir at the mercy of the Crown. Even if the popular belief as to the fate met by Prince Arthur at his uncle’s hands was unfounded, John was by no means the guardian to inspire confidence in the widowed mother of a young Crown tenant whose estates the king might covet for himself. Further, the king might confer the office, with the delicate issues involved, upon whomsoever he would. When such a trust was abused it was difficult to obtain redress. In 1133 a guardian, accused _de puella quam dicitur violasse in custodia sua_, paid a fine to the crown, if not as hush money, at least in order to obtain protection from being sued elsewhere than in the _Curia Regis_.[386] It is easy to understand how thoroughly this feudal incident must have been detested in England and Normandy, all the more so if, as Hallam contends, it was not recognized as a feudal due in other parts of Europe.[387] ----- Footnote 385: