An Angel Runs Away

Author’s NoteIn England common law Guardianship, an outgrowth of feudal land law, conferred a right that was profitable to the Guardian. Only gradually did Guardianship become a trust for the benefit of the ward. By the thirteenth century, rights of wardship were recognised which enabled a feudal Lord, upon the death of a tenant leaving an infant heir, to administer the tenant’s estate as Guardian during the heir’s minority. Over several centuries, Guardianship, whether of the natural parent or other Guardian, has slowly become recognised as including the right of custody of the child, control over education and religious training, consent to Marriage, right of chastisement, right of enjoyment of his services, and control of his estate subject to the use of a sufficient portion for his or hers education and maintenance. By the Act of 1660 the father was given power to appoint by will or deed a Guardian for his children to act after his death and the mother was helpless to interfere with the father’s appointment. Under provision of this Act, however, she could be designated as Guardian if the father had made no appointment, or as joint Guardian if he had, and she was also permitted to appoint a Guardian to act after her death. Similar progress occurred regarding rights of custody. In Europe the children’s laws extended to the protection of life, prevention of ill-treatment or cruelty, regulation of dangerous occupations, the imposition of employment restrictions and the compilation of a children’s charter. In England ill-treatment proscribed by law originally consisted of blows or threats and was gradually broadened to include neglect to supply necessities. At the same time children of well-to-do parents, however they were treated, found themselves powerless in the hands of their Guardians and the Guardians’ power to marry them when they were old enough was usually reinforced by the Courts.