Bracton: Thorne Edition: English. Volume 2, Page 252

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Volume 2, Page 252

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[001] she could plead and be impleaded by writ of right and answer before the lawful
[002] time, though no more than fourteen or fifteen years of age. Hence it seems that
[003] such full age [fifteen] is to be understood of socage, not of a military fee, for at that
[004] age she can manage her house and have ‘cove and keye,’ and in her seventh year
[005] agree to marriage, and take a husband in her twelfth year.> ¹Chief lords have the
[006] full wardship of all their fees, [sometimes] without the bodies of the heirs, sometimes
[007] with them, in such a way that they have the full and free disposal thereof,
[008] in the conferring of churches when they are vacant, in granting, giving and selling
[009] wardships, in marrying female heirs (and in selling their marriages) if there are
[010] women to be married, and, in general, power to dispose of everything to the heir's
[011] advantage, just as they would dispose of their own, and more advantageously if
[012] possible. They may sell the wardship of the lands and the marriage of the heirs
[013] if they are not married. But they may alienate nothing of the inheritance so that it
[014] is permanently lost. They shall maintain the heirs honourably, as long as they are in
[015] wardship, in accordance with the size of the inheritance, and pay off the inherited
[016] debts to the extent of [the portion] of the inheritance [they each hold] and the length
[017] of time they hold it. They can conduct the business of heirs and bring actions for
[018] acquiring their right, in matters in which it is permissible for minors to plead, [that is]
[019] on the possessory right, on the heir's own seisin or that of some ancestor. But they
[020] cannot sue for them on the right in a proprietary action, nor answer, except under
[021] certain circumstances, that is, for a thing of which the minor has been enfeoffed
[022] within age. If a minor is appealed of felony when under age he will be attached by
[023] safe and secure pledges, but he will not be bound to answer until he reaches his
[024] majority.² ³So long as the guardian has the wardship of the land let him maintain
[025] the houses, parks, game preserves, ponds, mills and all things belonging to that
[026] land out of the issues of the same, and restore to the heir, when he comes to full
[027] age, all his land stocked with plough teams and all other things, at the least no
[028] less well stocked than he found it.⁴ ⁵He shall take nothing from the heir's land while
[029] he is under age except rightful issues, rightful customs and rightful services, and
[030] this without destruction and waste of men or things.⁶ If he commits such acts,
[031] whether a prohibition has issued or not he shall lose the wardship and make good
[032] the damage,⁷ and because of the wrongdoing let the land be handed over to [two]
[033] lawful and honest men, or the nearer kinsmen, as will be explained below [in the
[034] portion] on actions.⁸ ⁹If the king, for whatever reason, has the wardship of land and
[035] has transferred it to the sheriff

Notes

1-2. Glanvill vii, 9 (with additions) infra v

3-4. Magna Carta (1215) ca. 5; (1225) ca. 5

5-6. Magna Carta (1215) ca. 4; (1225) ca. 4; infra iii, 410

7. Infra iii, 410, 411

8. ‘of dower,’ as infra 275, 276; infra iii, 410

9-10. Magna Carta (1215) ca. 4; (1225) ca. 4