Wardship Act 1267 (c.6)

by the English Parliament

Statutes made at Marlborough, alias Marleberge, 18 Novemb. Anno 52 HEN. III. and Anno Dom. 1267.

Wardship Act 1267 (c.6)

1267 (52 Hen. 3) C A P. VI.

In the Year of Grace, One thousand two hundred sixty seven, the two and fiftieth Year of the Reign of King HENRY, Son of King JOHN, in the Utas of St. Martin, the said King our Lord providing for the better Estate of his Realm of England, and for the more speedy Ministration of Justice, as belongeth to the Office of a King, the more discreet Men of the Realm being called together, as well of the higher as of the lower Estate: It was provided, agreed, and ordained, that whereas the Realm of England of late had been disquieted with manifold Troubles and Dissensions; for Reformation whereof Statutes and Laws be right necessary, whereby the Peace and Tranquillity of the People*2 must be observed:Wherein the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten, which he willeth to be observed for ever firmly and inviolably of all his Subjects, as well high as low."

A fraudulent Conveyance to defeat a Lord of his Wardship, shall be void.

Feoffments to defraud Lords of their Wardships.

As touching them that use to infeoff their eldest Sons and Heirs, being within Age, of their Heritage, for to defraud the Lords of the Fee of their Wardships, it is provided, accorded, and agreed, that by occasion of any such Feoffment no chief Lord shall lease his Ward.

Enforced by 34 & 35 H. 8. c. 5, which provides a Remedy to avoid such fraudulent Conveyances.

1 Roll 91. 2 Roll 106, 134. Godbolt 78. pl. 92. Fitz. Gard, 79, 102, 155. 6 Co. 76. Dyer 9. 27 H. 8, 7.

Fitz. Gard. 33. Fitz. Collusion, 12, 14, 29, 36, 47. 2 Inst. 109.

11 Co. 77. Fitz. Gard. 119. Fitz. Brief, 779. 19 H. 6. f. 30. Ejectione custodiæ, Co. Ent. 183.

(2) Moreover, touching them that fain false Feoffments of their Lands, which they will lease for Term of Years, for to defraud the chief Lords of their Wards, wherein it is contained, that they are satisfied of the whole Service due unto them until a certain Term; so that such Feoffees are bound at the said Term to pay a certain Sum to the Value of the same Lands, or far above; so that after such Term the Land shall return unto them, or to their Heirs, because no Man will be content to hold it upon the Price; it is provided and agreed, that by such Fraud no chief Lord shall leese his Ward.

A Lord impleading a Feoffee wrongfully.

(3) Nevertheless, it shall not be lawful to them to disseise such Feoffees without Judgment, but they shall have a Writ for to have such a Ward restored unto them; and by the Witnesses contained in the Deed of Feoffment, with other free and lawful Men of the Country, and by the Value of the Land, and by the Quantity of the Sum payable after the Term, it shall be tryed whether such Feoffments were made bona fide, or by Collusion, to defraud the chief Lords of the Fee of their Wards. And if the chief Lords in such Cases recover their Wards by Judgment, the Feoffees shall nevertheless have their Action to recover such Term or Fee, which they had therein, when the Heirs come to their lawful Age.

Regist. 161. Confirmed and amended by 4 H. 7. c. 17. and rendered obs. by 12 Car. 2. c. 24.

And if any chief Lords do maliciously implead such Feoffees, faining this Case, namely, where the Feoffments were made lawful, and in good faith, then the Feoffees shall have their Damages awarded, and their Costs which they have sustained by occasion of the foresaid Plea, and the Plaintiffs shall be grievously punished by Amerciament.'

Note : this act is listed in the Chronological Table of Statutes as the Wardship Act, 1267