Wardship Act 1267 (c.7)

by the English Parliament

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

Wardship Act 1267 (c.7)

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

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^[1] 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.

Process in a Communi Custodia. Ward by reason of Ward.

Enforced by 13 Ed. 1. stat. 1. c. 35. which gives Remedy for Ravishment of Ward.

IN a Plea of Communi Custodia, if the Deforceors come not at the great Distress, then the said Writ shall be renewed twice or thrice, at such Terms as it may be done within the half Year following, so that every time the Writ shall be read in the open County (if the Deforceor be not found before^[2]) and there openly be proclaimed, that he may come at the Day limited: so that if he be absent himself then, and come not to answer within the said half Year, nor the Sheriff cannot get his Body, to have it before our Justices to answer according to the Law and Custom of the Realm, then as a Rebel, and such a one as will not be justified, he shall leese the Seisin of his Ward; saving to him his Action at another time, if he have any Right to the same.

Obs. by 12 Car. 2. c. 24.

II. But in such Cases, where the Wardships belong to the Guardians of Wards being within Age, and where the Guardians demand a Wardship which belongeth to the Heir, or as appertaining to their Inheritance, such Heirs within Age shall not leese their Inheritance by the Negligence or Rebellion of their Guardians, as in the Case aforesaid; but let the Common Law run in like manner as it hath been accustomed to do.

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

1. For must be observed, read may be preserved.
2. For if the Deforceor be not found before, read wherethe Deforceor heretofore resided.