Court of wards

The Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and livery issues.

The court was established from 1540 by two Acts of Parliament, Court of Wards Act 1540 (32 Henry VIII c. 46) and the Wards and Liveries Act 1541 (33 Henry VIII c. 22).

As Master of the Court, from 1561, William Cecil was responsible for the upbringing of orphaned heirs to peerages and also, until they came of age, for the administration of their estates.

In 1610, King James I attempted to negotiate with Parliament a regular income of £200,000 a year in return for the abolition of the hated Court of Wards. While the negotiations failed, the episode showed Parliament that the royal prerogative could be up for sale.

In February 1646 (New Style), during the English Civil War, the Court of Wards and Liveries lost its principal function, due to the abolition by the Long Parliament of feudal tenure. The court was formally abolished soon after the Restoration of the monarchy by the Tenures Abolition Act 1660 (12 Charles II c. 24).

Wardship of minor heirs of a tenant in chief was one of the king's ancient "feudal incidents" (amongst escheat, marriage, relief, custody of an "idiot", etc.), that is to say a right of royal prerogative dating back to the feudal principle of seigneurial guardianship. Such right entitled the king to all the revenues of the deceased's estate, excluding those lands, generally 1/3 of the estate, allocated to his widow as dower, until the heir reached his majority of 21, or 14 if a female. The king generally sold such wardships to the highest bidder or granted them gratis, generally by letters patent to a favoured courtier as a reward for services, which saved cash having to be found from the privy purse. On attainment of his majority at the age of 21, a proof of age inquisition would be held, resulting in a certification witnessed by prominent men from his local area who certified that he had reached the age of 21. Such certificate then formed the basis for the king to issue a writ to the custodian of the land in question to release it to the heir, who then obtained seizin.

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