Wardship Act 1235 (c.6)
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PROVISIONES DE MERTON. Statutes made at Merton in Crastino Sancti Vincentii (scil. 23. Jan.) Anno 20 HEN. III. and Ann. Dom. 1235.
Wardship Act 1235 (c.6)
1235 (20 Hen. 3) C A P. VI.
IT was provided in the Court of our Lord the King, holden at Merton on Wednesday the morrow after the Feast of St. Vincent, the 20th Year of the Reign of King HENRY the Son of King JOHN, before William[1] Archbishop of Canterbury, and other his Bishops and Suffragans, and before the greater part of the Earls and Barons of England, there being assembled for the Coronation of the said King, and Hellianor the Queen, about which they were all called, where it was treated for the Commonwealth of the Realm upon the Articles underwritten, thus it was provided and granted, as well of the foresaid Archbishops, Bishops, Earls, and Barons, as of the King himself and others."
The Penalties for Ravishment of a Ward, Forfeiture of Marriage, or Disparagement of a Ward.
OF[2] Heirs that be led away, and witholden, or married by their Parents, or by other, with Force against our Peace, thus it is provided, That whatsoever Layman be convict thereof, that he hath[3] so witholden any Child, led away, or married, he shall yeild to the Loser the Value of the Marriage; and for the Offence his Body shall be taken and imprisoned until he hath recompensed the Loser, if the Child be married; and further, until he hath satisfied the King for the Trespass. And this must be done of an Heir being within the Age of fourteen Years (2) And touching an Heir being fourteen Years old, or above unto his full Age, If he marry without Licence of his Lord to defraud him of the Marriage, and his Lord offer him reasonable[4] and convenient Marriage (without Disparagement) then his Lord shall hold his Land beyond the Term of his Age, that is to say, of One and twenty Years, so long that he may receive the double Value of the Marriage after the Estimation of lawful men, or[5] after as it hath been offered before without Fraud or Collusion, and after as it may be proved in the King's Court. (3) And as touching Lords, which marry those that they have in ward to Villains, or other, as Burgesses, where they be disparaged, if any such an Heir be within theAge of fourteen Years, and of such Age, that he cannot consent to Marriage, then, if his Friends complain of the same Lord, the Lord shall lose the Wardship unto the Age of the Heir; and all the Profit, that thereof shall be taken, shall be converted to the Use of the Heir being within Age, after theDisposition and Provision of his Friends, for the Shame done to him; but if he be fourteen Years, and above, so that he may consent, and do consent to such Marriage, no Pain shall follow.'
Co. Lit. 76. a. 4 Co. 82. 6 Co. 74. 9 Co. 72. Dyer 255 to 260. pl. 23.
Bro. Forf. de Marriage, 9, 12, 13. Bro. Car. 109. 40 Et. 3. 6. Co. Lit. 80. a. 81. b. 2 Inst. 89. Hob. 94. 96.
9 H. 3. stat. 1. c. 6.
Confirmed by 3 Ed. 1. c. 22. Enforced by 13 Ed. 1. stat. 1. c. 35.
Regist. 161. &c. Obs. by 12 Car. 2. c. 24.
b Solebant in marg. c Matrimonio in marg.d De illo domino in marg. e Recuperatum in marg.f Heredis in marg.g Suorum in marg. h Ita in marg.
Notes[edit]
- ↑ For William, read the.
- ↑ Read concerning Heirs who are taken away by Force, ordetained by their Parents, or by others, it is thus provided, &c.
- ↑ Read that be batb by such Means married any Child, beshall yield, &c.
- ↑ Not in the Original.
- ↑ Read according to what be had been offered before forthe said Marriage, without, &c.
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