Guardians in Socage Act 1267

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

Guardians in Socage Act 1267

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

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.

The Authority and Duty of Guardians in Socage.

IT is provided, That if Land holden in Socage be in the Custody of the Friends of the Heir, because the Heir is within Age, the Guardians shall make no Waste, nor Sale, nor any Destruction of the same Inheritance; but safely shall keep it to the Useof the said Heir, so that when he cometh to his lawful Age, they shall answer to him for the Issues of the said Inheritance by a lawful Accompt, saving to the same Guardians their reasonable Costs.

(2) Neither shall the said Guardians give or sell the Marriage of such an Heir, but to the Advantage of the foresaid Heir;

(3) But the next Friends which had the Ward, for all that Time that Writs of impleading did not lie, shall have such Wardship unto the Advantage of the Heir, as is said before, without Waste, Sale, or Destruction making.' ''Fitz. Wast, 1, 9, 100, 107.'' ''Fitz. Present. 10. Fitz. Brief, 847.'' ''Fitz. Gard. 159, 166. Plowd. 293. Fitz. Accompt, 35, 59, 60, 77, 107.'' ''Co. Lit. 87. a. Co. Ent. 47. 2 Inst. 135. Rast. 21.''

''See 28 Ed. 1. stat. 1. where Lands in Socage descend on the Part of the Mother, the Guardianship belongs to the next of Kin on the Part of the Father; and 12 Car. 2. c. 24. giving Power to the Father to dispose of the Wardship of his Child by Will.''

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