Legal Definitions - warwit

The term warwit is an archaic legal term that refers to wardwit, a concept primarily found in medieval English feudal law.

Wardwit denoted a specific privilege or exemption granted to a tenant, which freed their heir from the feudal lord's right of wardship. In the feudal system, if a tenant died leaving a minor heir, the lord typically had the right of wardship. This meant the lord could take custody of the minor heir, manage their lands, and profit from the estate until the heir reached adulthood. Wardwit either represented the right to be exempt from this wardship, or it referred to a payment made to the lord to secure such an exemption.

Here are some examples to illustrate this concept:

• Example 1: A Royal Grant of Exemption

  Imagine a powerful baron, Lord Alaric, who has served his King with exceptional loyalty and valor in battle. As a reward for his distinguished service, the King grants Lord Alaric the privilege of wardwit for his primary estate. This means that should Lord Alaric die while his son and heir, young Thomas, is still a minor, the King will not exercise his traditional right of wardship. Instead, Thomas will remain under the guardianship of his family, and the estate will be managed by trustees appointed by Lord Alaric, rather than falling under royal control.

  This example illustrates wardwit as a special exemption granted by a superior lord, protecting the heir and estate from the usual feudal obligations of wardship.

• Example 2: A Payment to Avoid Wardship

  Lady Isolde inherits a prosperous manor from her father, held directly from a powerful Earl. Knowing the Earl's reputation for imposing harsh conditions on wards and profiting heavily from their estates, Lady Isolde proactively pays a significant sum to the Earl. This payment secures wardwit for her future heirs. Consequently, if Lady Isolde were to pass away leaving a young child, the Earl would be legally prevented from taking custody of the child or seizing control of the manor, ensuring her family's autonomy and the preservation of their wealth.

  Here, wardwit is demonstrated as a financial transaction or fine paid to a lord to prevent the imposition of wardship over a tenant's minor heir and their lands.

• Example 3: A Customary Right of Tenure

  In a particular shire, a group of yeomen held their lands under a specific form of tenure known as "free socage," which, by local custom, inherently included the right of wardwit. Unlike tenants who held their land by knight service, these yeomen's heirs were automatically exempt from the lord's wardship. If a yeoman died leaving a minor child, the child would remain under the care of their family or a guardian chosen by the family, and the lord had no legal claim over their person or the management of their lands during their minority.

  This example shows wardwit as an inherent right associated with a particular type of land tenure, providing automatic protection against wardship without the need for a special grant or payment.