Legal Definitions - gard

The term gard is a historical legal term with two primary meanings:

• 1. Wardship or Custody of a Person

  Historically, gard referred to the legal protection, care, or control exercised over a person, often a minor or an individual deemed incapable of managing their own affairs. This concept involved the guardian's responsibility for the person's well-being, property, and upbringing.

  • Example 1: In medieval England, if a wealthy landowner died leaving a young heir, the feudal lord might assume gard over the minor child. This meant the lord would manage the child's estate and oversee their upbringing until they reached adulthood, often profiting from the estate during this period.

    Explanation: This illustrates gard as the custody and control over a minor heir and their assets, a common practice under feudal law.

  • Example 2: A court might have placed an adult deemed mentally incapacitated under the gard of a designated family member or official. This arrangement would grant the guardian legal authority to make decisions regarding the incapacitated person's personal care, medical treatment, and financial matters.

    Explanation: Here, gard signifies the legal guardianship or conservatorship over an adult who cannot care for themselves, highlighting the protective aspect of the term.

• 2. A Precinct or Ward of a City

  In a geographical and administrative sense, gard also referred to a specific division or district within a city or town, similar to what we now call a ward or precinct. These divisions were often used for local governance, defense, or electoral purposes.

  • Example 1: During the planning of a new town in the 17th century, the city council might have divided the urban area into several distinct gards, each responsible for maintaining its own section of the city wall and contributing a certain number of watchmen for night patrol.

    Explanation: This example shows gard as a defined administrative district within a city, with specific responsibilities related to public safety and infrastructure.

  • Example 2: For local elections in a historical municipality, citizens would cast their votes within their designated gard. Each gard would elect its own representative to the town council, ensuring local representation for different parts of the city.

    Explanation: This illustrates gard as an electoral district, a common way to organize political representation within a larger urban area.