Wards and guardians in medieval England

As a culture (generalization alert here), we sentimentalize medieval England. At least when we’re not talking about its fleas and flies and plagues and dirt, we do. Still, the sentimentalizing outweighs the fleas-and-flies stuff. We like to think there was a time when nobles were noble, or at least when someone was. Shouldn’t someone be pure of heart in this mess of a world?

Of course they should, and it must’ve happened a long time ago, because we don’t have a lot of purity on show right now. Therefore–this is so obvious I hardly need to say it–it must’ve happened in the middle ages. After all, they did leave us some beautiful pictures, and some yarns we can swallow whole if we work at it. 

But medieval England was nothing if not upfront about making a profit, including from that thing we sentimentalize most, childhood. 

Okay, if childhood isn’t what we sentimentalize most, it comes right after kittens and puppies.

Irrelevant photo: Not some knight’s horse but a pony living wild on Dartmoor.

Wardship

Let’s say you’re the heir to one of medieval England’s aristocrats but, oops, your father dies while you’re still a minor–less than 21 if you’re male, less than 16 if you’re female. You’re going to become somebody’s ward and they’re going to be your guardian.

Why am I talking about only your father? Because your mother gets shoved off the chess board as soon as your father dies. 

I should squeeze an extra fact in here: If you’re male, you get to be the one and only heir, but if you’re female and no male is in line ahead of you, you and any sisters you happen to find will divide the inheritance among you. 

Why? 

‘Cause that’s how it works. 

We have most of the pieces in place now. There you are, heir to a big chunk of land–and land is wealth in medieval England–but too young to control it. You might think your mother could be your guardian but no, sorry, your mother’s good enough to take care of whatever children won’t inherit the land, but not of you, kiddo. That right–and we’ll come to why it’s a right more than a responsibility–goes to your late father’s feudal lord. Who’s likely to have their own best interests at heart, not yours. Having a ward is lucrative and wardships are bought and sold like any commodity. If it’s to their advantage, your guardian may hold onto your wardship. If it’s not, or if they need the money, they’re likely to sell it. 

Hold on, though. We shouldn’t talk about wardship as if it’s a single thing. It can be split up, with one person guardianing you, the actual child, and another guardianing–and, entirely legally, profiting from–the land you’ll inherit. And this is right and proper and necessary because as a child you can’t provide military service, and military service is the most important thing feudal lords owe as payment for their land. Whenever the king WhatsApps them, they’re expected to fight, and to bring some set number of armed men with them. 

And since too young to be trusted with a smartphone, the adult controlling your land will take responsibility for all that warrior stuff. And, again, since all the gear soldiers need–horses, weapons, armor, food, alcohol–doesn’t come cheap, profiting from your future estate makes sense, right? 

Well, it does if you can immerse your mind in the assumptions of a feudal world. 

So that’s the land. If the elements of your wardship are divided, though, somebody else will get to decide who raises you. They’ll have the right to arrange your marriage, and since marriage is about connections and land and power, and since you’re a rich heir, the right to arrange your marriage is a game piece worth having. Your guardian might marry you and your riches into their own family. They might marry you into a family they want to build an alliance with. They might sell your marriage.

If all this sounds cold, we haven’t even started. Your custody may not get settled permanently. Your child-self can be taken from one home by armed men and deposited in another. That’s called ravishment. You can then be deposited in some third household because the person who’s taken you isn’t interested in your charming company but in having control of you. You could then be ravished back to the first household, or to a third. 

“No provision for feudal heirs was final,” according to Sue Sheridan Walker, in “Widow and Ward: The Feudal Law of Child Custody in Medieval England.”

All the people involved can also go to court, and often do. What little is known about how this worked (and the tales are hair-raising) comes from court records–which, frustratingly, often end halfway through the story, so we never get to find out what happened. What we can pretty well guess is that they don’t end, “And they all lived happily ever after.” Happiness doesn’t seem to have been an expectation, although to be fair when you can only trace a bit of history only through court records you inherit a built-in bias toward the ugliest stories. When it all works smoothly, no one goes to court.

 

Let’s go back to the mother, though

Mothers get to raise their younger children–who cares about them?–although if the heir dies, the next in line will have to replace him. And an aristocrat’s widow will have the income from her dower lands to support what’s left of her family.

Her what?

Dower lands are generally a third of her husband’s estate, and a widow has a lifetime right to them. When she dies, they revert to the estate–presumably to her son. Since we’re talking about a group of people with a high death rate, both through illness and warfare, a woman might be widowed multiple times, acquiring dower lands as she goes and becoming quite wealthy. So even though she might not have the right to act as her own child’s guardian, as a feudal landlord she might become the guardian of some tenant’s heir, and she might either act as guardian herself or sell the wardship.

When a child’s orphaned, the question people ask isn’t, Who’s the best person to raise this child? It’s, What rules govern the land the child will inherit?  

 

Yes, but…

As an heir, you just might live with your mother if your guardian approves or if your mother buys your wardship, but we can’t assume she’ll think her home is the best place for you. Aristocratic childhoods are short. Children–orphaned or not–are commonly sent to other households at 6 or 7, generally a household that’s a step up the feudal food chain, where they’ll make important connections and get an education. Let’s not go down the rabbit hole of who’s literate and who isn’t. The answer will depend on what part of the medieval period we’re talking about anyway. But whatever book learning he acquires, the most important things an aristocratic boy can learn are warfare and what it takes to be an adult in this stratified society–or as one article put it, he needs to “learn breeding.” So even if you stay with your mother, you can’t expect to stay with her for long, and the household you grow up in might turn out to be your in-laws’. Marriages are arranged early and it isn’t uncommon for a very (very) young betrothed couple to grow up together.

Which leads us to ask why, if she’s going to send you away anyhow, your mother might want to buy your wardship, and one possible answer is, for profit: a child can be sold into marriage. Or she might want to marry you off to fulfill an arrangement the family made before your father’s death, which would strengthen or confirm an alliance. 

She might also want to control whose home you’re raised in. Marriage and fostering were highly charged political moves.

If she’s one of those mothers who ravish their children–that’s stealing them from their guardians, remember–she might not be doing it because she misses your charming companionship and the crayon artwork you left on the castle walls. A marriage made against your legal guardian’s wishes will still be valid.

And as Walker points out, medieval mothers aren’t necessarily involved deeply with their children. As infants, the kids are in the care of wet nurses. They’re sent away while they’re still young. Books on deportment are singularly silent on what a mother’s duties to a child are. 

 

And finally, there’s another form of guardianship

Medieval England has another way an aristocrat might hold land, though: socage. It doesn’t have the prestige of holding land that you pay for in military service. In fact, it moves us closer to the peasant level. You pay for your land either agricultural service (this isn’t for the aristocracy) or in money. But even though there’s less cachet in holding land this way, you can hold one bit of land in socage and another bit by knight-service, so your socage parcel doesn’t move you down the food chain. 

Don’t look for a simple picture.  

If you’re the heir to land held under socage tenure, then guardianship goes not to the feudal lord but to your nearest male relative who isn’t entitled to inherit the land. If you’re female, you can contract a marriage without the lord sticking his long feudal nose into the arrangement. (Yes, the source I’m stealing this from said you could contract a marriage by your very own self. You don’t have to depend on someone else doing it for you.) If you’re male, you may find that being the oldest male doesn’t entitle you to inherit the whole parcel of land; it may be divided. It’ll depend on all sorts of complexity that’s above my pay grade. As far as the topic of wardship goes, though, it sounds like you’re less of a pawn than if you’d inherited high-prestige land.

After 1660, knight-service tenure was wiped out and it all became socage.