Legal Definitions - Court of Wards and Liveries

The Court of Wards and Liveries was a specialized historical court in England, established in 1540, whose primary purpose was to manage and enforce the Crown's feudal rights over the lands and heirs of its tenants. When a landowner who held their property directly from the King died, this court ensured the Crown received its due income and control, particularly concerning minor heirs, their marriages, and the inheritance of their estates. It was a significant source of revenue for the Crown but was widely unpopular due to its intrusive nature and was eventually abolished in 1660.

Here are some examples illustrating the function of the Court of Wards and Liveries:

• Example 1: Wardship of a Minor Heir

  Imagine a wealthy baron, Lord Alistair, dies in 1580, leaving behind a vast estate and a 12-year-old son, Thomas. Because Lord Alistair held his lands directly from the King, the Court of Wards and Liveries would immediately step in. The court would take control of Lord Alistair's estates, managing the income and profits on behalf of the Crown during Thomas's minority. It would also oversee Thomas's upbringing, education, and even his eventual marriage, often selling the right to marry him to another noble family for a substantial fee. This illustrates the court's power to manage the wardship of minor heirs and profit from their estates.

• Example 2: Control over an Heiress's Marriage

  Consider Lady Eleanor, a prominent landowner in 1620, who dies without a male heir, leaving an unmarried adult daughter, Margaret, as her sole inheritor. Even though Margaret is an adult, the Court of Wards and Liveries would assert the Crown's right to control her marriage. The court could arrange Margaret's marriage to a suitor chosen by the Crown, or it could sell the right to arrange her marriage to a wealthy noble who wished to acquire her lands and influence. This demonstrates how the court could leverage feudal rights to control the marriages of heirs, particularly women, for financial or political gain.

• Example 3: Extraction of Fees from an Adult Heir

  Suppose Sir Reginald, a knight holding significant lands from the King, dies in 1550, leaving an adult son, Arthur, who is of age to inherit. Even in this scenario, the Court of Wards and Liveries would still play a crucial role. It would oversee the process of Arthur's inheritance, ensuring that the Crown received specific feudal payments. These included "relief" (a payment made by an heir to succeed to a feudal tenancy) and "primer-seisin" (the Crown's right to take the first profits from the land for a year and a day before the heir took full possession). This example highlights the court's function in extracting various fees and asserting the Crown's financial rights even when the heir was not a minor.