Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
I. _The Obligations of the Warden of a Lay-fief._ It was the duty of
every custodian to preserve the lands from neglect, together with all
houses, “parks” (a term explained under chapter 47), fishponds, mills,
and the other usual items of the equipment of a medieval manor. All
outlays required for these purposes formed, in modern language, a first
charge on the revenues of the estate, to be deducted before the balance
was appropriated by the “grantee,” or paid to the exchequer by the
“committee.” It was the guardian’s duty, moreover, to restore the whole
to the heir in as good condition as the produce of the land might
reasonably permit. Henry’s Charters directed that the guardian should
redeliver the land stocked with ploughs “and with all other appointments
in at least as good condition as he received it.”[398]
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Footnote 398:
Blackstone, _Great Charter_, lxxviii. considers this “an indulgence to
guardians, by only directing them to deliver up the land ... in as
good condition as they found it, not in as good as it would bear.”
Sometimes, the heir after coming of age, could not recover his lands
at all. The Statute of Marlborough (c. 16) gave such a ward a right to
a _mort d’ancestor_ (cf. _infra_, p. 325) against a mesne lord, but
apparently not against the Crown. The Statute of Westminster I. (c.
48) narrates that heirs were often carried off bodily to prevent them
raising actions against their guardians.
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Magna Carta did not attempt to abolish wardship, which continued in full
force for many centuries, with only a few of its worst abuses somewhat
curtailed. The whole subject was regulated in 1549 by the Statute 32
Henry VIII. c. 46, which instituted the Court of Wards and Liveries, the
expensive and dilatory procedure of which caused increasing discontent,
until an order of both Houses of Parliament, dated 24th February, 1646,
abolished it along with “all wardships, liveries, _primer seisins_, and
_ouster les mains_.”[399] This ordinance was confirmed at the
Restoration by the Statute 12 Charles II. c. 24.
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Footnote 399:
See S. R. Gardiner, _Documents_, p. 207.
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Public-domain text, read in full here on John Shaqi.
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