Early 16th century English guardianship practices

Question

Seeking guidance regarding early English guardianship practices so that we might estimate the ages of one man's children.  

Robert Cowper of Hingham died in 1509, leaving a widow Kathryne and three children, Thomas, Peter and Alice. 

In his will, Robert asks that two of the children, Peter and Alice, be kept by his wife, Kathryne. Son Thomas, who we presume to be the eldest child, was to be under the "rewle & kepying" of Robert's brother, John Cowper. 

Writing about American colonial practices, Robert W. Baird, writes, "Under British common law, full majority was reached at the age of 21 ... children aged 14 and over ... could ... [choose] their guardian ..."  See Bob's Genealogy Filing Cabinet, "Legal Age > Actions Minors Could Perform." 

Might these same practices have existed in England during the early sixteenth century?

Suggestion and guidance on our effort welcome. Thank you in advance.--Gene 

Comments

Having recently been reading a number of 16th and 17th century wills, I find they almost invariably state that the age of inheritance would be either 21 or 22. In the absence of any other evidence, I would make this the default assumption for estimating age.

Answer 1

According to the book linked below, the age of majority depended on the type of tenure. For feudal property, it was 21 for males, 14 for married women, 16 if unmarried. For socage tenure, the age was 15 or 16. (He doesn't specify which age for which gender.)

On edit:
For socage tenure he says "of both sexes" at age 15 or 16. I suppose that must mean 15 if married, 16 if unmarried.

https://books.google.fi/books?id=ojsrDwAAQBAJ&pg=PT2885&lpg=PT2885&dq=%22socage+guardian%22+majority&source=bl&ots=YpeaJ105ij&sig=ACfU3U29nVjXaJz1i0U93BkNOMoYqO-3rg&hl=en&sa=X&ved=2ahUKEwjXwpqUmov2AhUr-yoKHZHmB-YQ6AF6BAgQEAM#v=onepage&q=%22socage%20guardian%22%20majority&f=false

Comments

Thank you for this helpful information, Vance Mead. 

According to Robert Cowper's 1509 will, son John Cowper was to inherit lands in Hackford bought from Sir Henry Heydon."[1] See "Will of Robert Cowper (Cooper) of Hingham 1509." 

Is it obvious, or what should I do to determine the kind of tenure that son John was to inherit? --Gene

-----

[1] As "all sweche londs as I late Bowth of Sir Herry Heydon as ther lyght in hacford feld to gyff & sell for ev[er]." 

---

If he held by knight's tenure, he should be in Inquisitions Post Mortem. But the wording of this sounds like fee simple or freehold.

---

And if so, an underage son would probably be a ward of the king.

---

Thank you, Vance. And so the work continues.--Gene

---

Thank you so much Lois, for helping me to better understand English particulars. --Gene

Answer 2

In a will such as this, the sons were under age 21. The rules for daughters were a little bit more variable but you can assume she was under age 16.

Comments

Thank you for your insight, Joe. --Gene