Generall of the other partie hath demised and granted unto them for our onely use and benefit of sundry Lordships Castles Burroughes Townes Manners Lands Tenements Liberties Franchises and Hereditaments to have and to hold the same from the Feast of St. Michael the Archangell last past before the date hereof for the tearme of 99. yeares And upon the trust and confidence and to the intent and purpose in the same Indenture mentioned and expressed Now our pleasure is that the said Lord Chancellor and the rest of the surviving Lessees and their Assignes shall from time to time joyne in all such grants discharges conveyances and Instruments touching the matters aforesaid by writing under their hands and seales and otherwise as by the Master of our Wards with the advice aforesaid shall from time to time be directed And our further pleasure is that the Commissioners for our revenewes if neede shall so require shall allow and give warrant in writing for the same That the Master with the advice aforesaid shall have power by Letters Patents under our great Seale to appoint such Feodaries Escheators Auditors Receivers Surveyors and other Ministers of the Wards Liveries and matters aforesaid as he shall thinke needfull for our profit and service and from time to time to alter change determine and discharge all or any of the said Officers and Ministers and their Offices and imployments as now or hereafter shall bee and determine our Will and Pleasure concerning the same That all Ordinances Constitutions Acts made published declared and set downe contrary to the hinderances of these our instructions shall so farre onely as they are contrary or to the hinderance thereof be utterly voide and annihilated any other matter cause or thing to the comrary thereof notwithstanding That the Master of our Wards and Liveries doe acquaint the Atturney and Councell of the Kings Majesties Court of Wards and Liveries withall such proceedings as may require their assistance for our said Tenures Revenew and profit and especially his Majesties Atturney of that Court and the Clerke of that Court for the preparing clearing finding searching and revealing of Tenures and of the states subject unto our Wardships and Liveries by any due and lawfull meanes whatsoever Lastly whereas the Kings most excellent Majestie hath by his Letters Pattents under his great Seale dated the 11. day of this December granted unto the Master and Councell of the Court of Wards and Liveries Commission with instructions and directions for compounding for Wards Idiots and Lunatiques Our will and pleasure is that the Master of the Wards shall diligently and carefully informe himselfe of the same instructions and directions and by Example and presidents thereof order and dispose the affaires of our Wards Idiots Lunatiques Liveries and Tenures so farre forth as the same may stand with congruitie and concordancy taking speciall care that our just and reasonable profits may be raised without diverting the same to others and that neverthelesse our Tenants may be moderately charged and our Wards may be educated in Religion Examinatur per Jac. Ley. Tenures IF the King grant Land in Fee and reserve nothing Coo. 6. Wheelers case fo 6. b. Coo. 9. Ant. Lowes case 123. 7. E. 4.12 b. 44. E. 3.45 a. Co. 9. Ant. Lowes case 123. b. the Patentee shall hold by Knights service in Capite So if in his grant the King saies by expresse words Absque aliquo inde redendo yet because all Land must be holden by some service the best shall be intended for the King therefore against the expresse words of the Patent the Law will create a new Tenure by Knights Service In Capite So if the King gives Lands tenend as freely as he holds the Crowne yet the Grantee shall hold by Knights service in Capite and in all these cases the Tenure shall be by such a part of a Knights Fee as the value of the Land shall beare what shall be said of a Knights Fee see the end of this Title But if the Grant be Tenend de nobis per servitium unius Rosae Coo. 6. Wheelers case 7. Rubiae or the like pro omnibus aliis servitiis this is a Tenure by Soccage in Capite because if the King reserve any speciall rent the Tenure shall be such as he reserves If it be Tenendum de nobis ut de honore Castrum vel Maner de A. per servitium Militare or De honore Casiro vel Maner de A. per servitium unius Rosae Rubiae or by 2. s. or by Fealty for all the services these be meane Tenures of the King in the first case common Knights service in the second common Soccage because the Tenure is not immediatly from the person of the King But yet there are certain Honours so anciently annexed to the Crown 33. H. 6. Br. Tenur 94. Inst fo 77. a. viz. Barkinsteed Newland Rawleighe The Abbey of Marle c. That a Tenure of the King as of any of these makes a Tenure in Capite either in Knights service or Soccage Stamf. pre Rs. according to the words of the Tenure but yet this is improperly a Tenure in Capite for he which holds of the King as of any of these Honours may alien without licence of the King 44. E. 3.45 which he cannot doe which holds in Capite of the King as of his person If the King grant Lands Tenend de nobis per servitia debita 44. E. 3.45 This shall be in Capite by Knights service because where the words be uncertaine the best shall be intended for the King If the King have Lands in his hands holden by a common person immediatly as aforesaid For Treason all Tenures aswell of the King as others are thereby extinguished Co. 6. p. Sir John Mollins case 6. but if the King grant the same Land to another Tenend de capital Domino per servitia debita the Tenure is restored and the Land holden of the Lord of whom it was holden before the Treason and not of the King immediatly Co. 9. p. Bewleyes case 131. yet if he grant it Tenend de nobis heredibus successoribus nostris al. capital dominis feodi illius per servitia debita It shall not make an immediate Tenure from the King but the immediate Tenure shall be of the Lord of whom the Land was holden before and if he grant it Tenend de nobis by new services faciend alias dominis servitiad bita the meane Tenure shall be revived without any regard of the priority of the words of the Patent reserving new services And this in favour of restoring an ancient Tenure but it is otherwise in the Creation of a new Tenure by the Kings grant without any respect to an ancient And in this last case Stam. praerog Rs. cap. 12. and also where the King purchaseth land holden of a subject in which case also all Tenures are extinct it hath alwayes been used upon a
Court of Wards that the heire was in by descent and that there should be a wardship and yet nothing descended but by a possibility And in every wardship there must be a descent Re. 10.83 a. Leonard Low Case except it be in some cases upon the Statute de 32. 34. H. 8. quem vide in le prochein Title Where Re. 3.62 a. Lincolne Colledge Case if the issue in tayle under age enters into the joynture of his mother by force of the Stat. 11. H. 7. c. 20. for a forfeiture by her alienation thereof he shall not be in ward because he hath the land in manner of a purchase and not by descent So if the father leaseth to his son and heire for life and dyeth 9. Ed. 3.4.15 Co. 6. Sir Geo Cursons ca. 76. and the fee descends to the son under age so that the freehold is mergd in the inheritance yet he shall not be in ward for the land because he had the possession by purchase Si soit bona fide valet ut c. And generally in all other cases where the heire hath the land by purchase without collusion is where he buyes the land of his father bona fide and for valuable consideration or in the like cases Coo. 10. Re. Leon. Lowes case 83. b. t. Inst 78. â— for if it be by collusion then there will bee a wardship by the Stat. of Marleb and 34. H. 8. cap. 5. though the heire had not the land by descent whereof after see in the Title Collusion If the King Knight the heire apparent of his owne Tenant Plo. Com. fo 268. Ratclifts Case Coo. 6. Sir Dru Druries Case 74. Coo. 8. Sir Hen. Constables Case 171.2 or of the tenant of a common person under age and in life of his Ancestor hee shall not bee in ward though he be under age at the death of his Ancestor neither for body nor land but shall for all purposes bee reputed of full age because the king by knighting him hath adjudged him of full age and able to doe knights service But if he knight him after his Ancecestors death while he is in ward Stat. Mag. Carta cap. 3. hee is thereby presently out of ward for his body but for his land shall be in ward till his full age of one and twenty yeares Quem vide apres en le Title Marriage as also some other Cases where the heire shall be out of wardship for his body though his lands remaine still in ward Wardships and Primer Seisin By these Statutes of 32. H. 8. c. 1. a. 34. H. 8. cap. 5. of Wills WHereas the words of the Statute are That every person having Lands Tenements or Hereditaments of an estate in fee simple per Knights service in Capite of the King or of any other Lord in common knights service c. May by his last Will in writing by act executed in his life time give dispose will or assigne two parts thereof for advancement of his wife preferment of his children or paying of his debts c. leaving to the King wardship and primer seisin and to no other Lords wardship of so much of the same lands as shall amount to the cleare yearely value of a third part thereof It is to be considered that these Statutes give to the tenant power to devise his lands by his last will in escript which he could not doe before these Statutes which was some prejudice to the Lords of these lands for their wardships of the two parts so devised Coo. 6. Re. Sir Geo Cursons Case 76. a. So then they doe give benefit to the King and other Lords to have wardships c. In cases when they shall have had none before though the Ancestor neither dyed seised nor any land descended to his heire which are contrary to the rules of the Common Law which see before in the last Title And where the father conveyes his land holden c. by act executed in his life time for advancement of his wife preferment of his children or payment of his debts and dies his heire under age here is neither dying seised nor descent and yet the Statutes gives a third part of these lands to be in ward during the minority of his heire notwithstanding it shall at his full age goe according to his fathers disposition because the conveyance was only avoided during the minority for benefit of Wards by the Statutes Co. Re. 8. Digbies Ca. 165. b. and not utterly void but these Statutes doe in no case give wardship where there is no heire as where the father after such conveyance is attainted of Treason and dyed his issue being under age here the third part shall not be in ward by the Statute Re. 10.85 a. t. Leon. Lowes Case because the Ancestor dies without heire in regard of a corruption of his blood And note where the Ancestor deviseth by his last will land holden c. to his wife Dyer 150. b. St. 34. H. 8. ca. 5. Coo. 8. Sir Richard Pexals Case 85. a. yonger children c. the will is not avoided only during the minority for the benefit of wardships as in the said Cases of acts executed but the will is utterly void for a third part by those Statutes and therefore he hath the third part by course of descent by the Common Law and the will is good only for the other two parts whereof there shall bee no wardship but only for the third part descended which the heire also shall have a son plein age notwithstanding the will Coo. 3. But. Bak. Case 35. for if a man devise a rent out of all the lands holden c. this is void to charge a third part of the lands notwithstanding the land descends charge of the rent But where the land holden c. are deviseable per custome in London and some other townes theâ—e all may be devised and the will is not void for a third part because the land was deviseable before the Statutes which are in the affirmative and therefore doe not destroy the custome but the case But the saying of these Statutes doe avoid the will pro tempore Coo. Re. 3.35 a. b. But. Bakers Case and give a third part to the King for a wardship during the minority c. And yet the heire is barred by custome to have the third part at his full age as before in the third case of disposition by act executed he is barred by the conveyance It is seen who shall be said to be a person having of lands tenements or hereditaments holden within the meaning of these Statutes and that will best appeare by cases of difficulty for of common persons having of lands c. I purpose not to speake plaine matters need no demonstration a disseised of land in capite which is put out of possession and hath only a right of lands Coo. 3. But. Bak. Case 35. a.
8. that where a third part is left out of such conveyance to be in Ward c. no covin or collusion can be averred for the other two parts disposed of by the Tenant though the covin be found by Office because the intent of the said Statute is that the King and other Lords should be satisfied with a third part which is here left unto him If A. with his proper money purchase land holden c. to himselfe and B. an Infant and their heires this cannot be averrred to be Collusion to avoid wardship Primer sesin after the death within the intent of these Statutes because A. was never sole seised as he ought to be by the provision of these Statutes and no feoffment which A. can make of his moitie can be averred to be Collusion because if no feoffement were no benefit of wardship could acrue person Mort. If the sonne and heire purchase bona side for money his fathers lands holden Re. 10.83 b. Sir Nicholas Strange's case cited in Leon. Lowes case c. this shall not be taken to be a conveyance of Collusion within the Statute of Marleb nor within the Statute of 32. 34. H. 8. to have a third part to the King or other Lords for the wardship because by the third part it cannot be found preferment of him within the meaning of this Statute Marriage THe Tenure of Knights service as it gives the King or the Lord the wardship of the lands of the heire under age so it gives him also the custody of the body of the heire male till his age of 21. years of the heire female if she be under the age of 14. yeares and unmarried at the death of her Ancestor till her age of 16. yeares whereof see before Sect. 6. Reliefe INcident to all manner of Tenures 14. H. 8.45 156. Tenures Br. Reliefes be they King or common person except the Tenure of the King by Fee-farme which therefore yeelds no Reliefe because the Farme or rent thereof is in the judgement of the Law accompted a full value of the Land except Tenures in Franke Allo moigne by divine service and the like But Reliefe is no service whereby the land is holden Co. 3. Penants case fo 66. Lit. fo 28. b. but a profit or approvement of the services as a blossome falne from a tree and it is due immediately upon the death of the Ancestor The Reason why it is payed as also the name thereof is given by Brooke thus Cum homagio facta fuerit fidelit Succ. abillis cum plenitat existent oportet statim quod Tenem quod fuit in manibus Antecessoris haereditas qui jacens fuerit eorum decessum relevatur in manibus habend propter talem Relevationem fasiend orit ab heredibus prestatio qui dicitur relevin This excludes all purohasers from paying Reliefe as hee saith also in another place Dabit Relevin qui succedat juri hereditario non qui acquiret Brac. fo a. 11. H. 8.422 22. Ed. 4. Reliefe 8. And with this agreeth the current of our bookes now at this day and common experience and this also excludes inheritances which goe in succession and therefore all Corporations because they never die so that their land descend not pay no Reliefe Bro. Reliefe 9. 3. H. 4 2. because the successor hath not the land Jure hereditario but by prescription a Corporation may pay no Reliefe the heire ought to be of full age at the death of his Ancestor or else he is not to pay any Reliefe Lit. fo 24. a. b. Mag. Cart. c. 3. as appeareth by Br. and by all other bookes and the full age for this purpose as of the heire male of Tenant by Knights service 15.21 of his heire female 14 as also of the heire of the Tenant in Soccoge his age of 14. hence it is plaine that where the Lord hath the wardship of the heire of his Tenant that at the full age of the heire hee shall have no reliefe And this is true although the Lord hath only the land in ward and not the body whereof if the Lord hath by the priority the body and the land holden of himselfe in ward the other Lords by posteriority at the full age of the heire shall have no reliefe because they had every of them the land holden of themselves in ward But where the heire is left under age and the case is so Inst 83. b. Stam. prae 96. 24. E. 3.14 Vet. Na. Br. 93. a. that the Lords of whom the lands descend is holden cannot have the land in Ward there at the heires full age he shall pay reliefe to such Lord as where a man holds his land of the King by Knights service in Capite and of other Lords by Knights service and dies his heire being under age and the King seiseth the wardship and all his lands which he holds of others the heire at his full age is to pay reliefe to the other Lords because they had no lands in Ward The reliefe for a Knights fee of lands holden by Knights service in Capite Inst 83. b. Lit. fo 24. b s. 112. Coo. 7. Nevills case 33. b. t. is the fourth part of the value thereof viz. 5. li. for a whole Knights fee being anciently valued but at 20. li. per annum And so after the same proportion for a greater and lesser quantity whereof see before in Tenures Of land holden by grand Sergeancy Lit. fo 35. the reliefe payable to the King is the value of the land by the yeare above all charges and reprises The remedy for a subject to get his reliefe is to destraine for it 7. H. 6.13 Inst 83. a. if it be not had in the life of the Lord his Executors remedy is an action of debt against the heire In the Kings case where reliefe is due to him the use is in the writ of Livery to the heire and directed to the Escheator to command him to take surety of the heire for payment of the reliefe but hee seldome or never doth the same but them of the Exchequer to whom the charge in this kinde belongs upon record of the Livery send out summons against the Tenant for the said Reliefe and upon the Sheriffes Return of Nihil c. Proces of Extent for the same Of Livery IF after the death of the Kings Tenant in Capite his heire enter into the land to him descended before he doth his homage and hath received his seisin from the King he is by law an intruder upon the Kings possession and shall forfeit all the profits of such lands to the King from the time of his intrusion untill he have sued out the Livery and hath no freehold of the land in him 3. H. 7.2 Stam. prae Rs. fo 12.14 b. insomuch that he can neither make a feoffement nor other disposition thereof nor shall his wife bee endowed thereof but for
li. before office found before the Eschator or other Commissioners Stat. 33. H. 8. cap. 22. 14. Ed. 4.5 by vertue of the Kings Writ or Commission derected out of the Chancerie or other Courts that have authority to make such writs or Commissions for suing of Livery But Livery of lands under the yearely value of 5. li. may be by warrant made from the Court of Wards and Liveries be sued forth St. 33. H. 8. c. 22 although there had been thereof no office returned The reason of this is F.N.B. 253. Ib. in Stam. 52. that the King may be certainely informed by matter of Record who shall be his Tenant and whom he ought to make Tenant and this cannot be but upon an office or by a speciall Writ or Commission in nature of that Writ or Commission to enquire of all wards or the like And these Writs or Commissions are of two sorts These of the first sort are to enquire after the death of the Ancestor of what lands holden of the King 14. Ed. 4.5 or of others the Ancestor was seised at the time of his death the value the day when he died who is next heire and of what age of this kind are diem claus extremum which is sued within a year after the ancestors death Memorandum Stam. prae Rs. 52. F.N.B. 253. c. if there be no suite made within the yeare after the ancestors death and upon these writs the Jury ought to enquire who tooke the profits since his death Deneverunt Ibidem whether the Ancestor died in ward to the King Or Commissions of the nature of these Writs These of the second sort are such as issue upon some defect in offices and found upon the five first writs of this kind are Qua plura F.N.B. 255. where some of the Ancestors lands are left out Melius inquirendum Inquired upon some defect in the former office But if the heire were of full age at his Ancestors death and so found by office then he shall have Livery upon that office without any estate probanda Datum est nobis intelligi where after the delivery of the writ and before office found before the Escheator dieth or is removed from his place But now these Writs or Commissions since the erecting of the Court of Wards may passe out of the Chancery or other Courts having authority to make them Stat. 33. H. 8. cap. 22. by warrant or bill signed and subscribed by the Master Surveyor Atturney and receiver of the Court of Wards or one of them directed to the chancellor of England or other chancellor or officer having power to award such writs if upon office found upon any of these writs the heire be found under age and in ward after do accomplish his full age F.N.B. 254. a. 257. he must have a writ of Estate probanda to prove himselfe of full age before he shall have Livery But if the Tenant be found within age 13. H. 4.6 in ward and after his full age other lands descend to him which the King seiseth by an office that finds the heire of full age he must sue an estate probanda by reason of that office which found him within age which is the best Record for the King If generall Livery or Ouster le maine be not rightly pursued according to the order of Law Stam. prae Rs. 12. a. infra title Ouster le main the King may receive the land without any processe and shall be answered of all the meane profits from the suing of the Livery A livery is not rightly pursued according to the order of law when it is sued by percells 35. H. 6. Liv. 19 as if the heire sue Livery but of part of that which is found by office as where the Ancestor had lands in severall counties if the heire sue a generall Livery before office found in every county where he hath land omitting them in the Livery the Livery is void and the King may have reliefe whereof see a whole Title in Stamf. Praerog Regis fo 8.6 c. But in some case a Liverie may be sued of parcell 38. H. 6.9 a. as where land discends to two daughters one of the full age the other under age shee of the full age shall have the Livery with a partition sutable of all things and this Livery is well sued though it be not of all the land descended but things not severable as advowsons or the like must still remaine in the Kings hands till the other daughter be of full age And note Stam. prae Rs. ca. 5. fo 22. that between Coparceners the King upon the Livery alwayes makes partition and this is for the Kings benefit in that upon partition every one shall have a part of the land holden in Capite for if any of them should have for her part the lands holden of others only then the King shall lose his prerogative in that part for ever wherefore in the writ of Livery in such case there is a proviso that every of them should have for part parcell of the lands holden in Capite When two are found heires by one Title 1. H. 7.28 be they twins male and found heire by the same office divers men by severall offices are found heires to the same ancestor and by the same title there because it is doubtfull to the King to whom to make a Livery untill the certainty and the verity be discust betweene them then his highnesse ought to make a Livery to him that is proved to bee the true heire to the common ancestor the manner of this triall is by Interpleader and in what cases it shall be and in what not you may see at large in Stamf. prae Rs. fol. 51. 65. 66. b. The manner of suing a generall Livery may be seen in N. B. 258. viz. Samf prae Rs. 79. 80. and for this purpose see also the Statute 33. H. 8. c. 22. But at this day generall Liveries are out of use Stam. prae Rs. 67.2 Inst 77. a. and for the most part men use to sue speciall Liveries which contain in them a pardon for all entries intrusions issues profits and likewise to dispense with all misusings which may happen upon a generall Livery c. But these bookes must be understood where the lands are found in the office to be above 20. li. yearely value for otherwise generall Liveries are most in use Thus speak our books but by the common experience of the Court of wards and liveries since the Stat. of 33. H. 8. c. 2. are distinguisht and sued in this manner viz. A generall Livery under value which is when the land whereof Livery is to be sued is found by the office not to exceed 5. li. per annum and the lesse fees are appointed by the said Statute for the suing forth thereof A generall Livery above value viz. when the land is found by
title to the thing he seised there judgement is given that the Kings hands shall be amoved and thereupon the writ of Amovcas manus or Ouster le maine is awarded to the Escheator By the Common Law the Ouster le main was never awarded Vna cum exitibus though it did so plainely appeare that the King ought not to have seised Art Sup Ca. 19. 29. Ed. 1. Statute de Escheator but this was the helpe by two Statutes in the 28. and 29. yeares of King Ed. 1. by which was provided that where land is seised into the Kings hands without just cause the profit thereof in the meane time shall be wholly restored to him that ought to have had the land and hath received the dammages upon Ouster le main cum ixitibus But if by the same Stat. of Ed. 1. it is provided that if after such Ouster le main cum exitibus a title doth appeare for the King in Chancery Kings Bench Exchequer c. whereby the King is intitled of a title growne before the Ouster le main although the party could have had no Ouster le maine if the Records had then appeared without avoiding them yet in that they did not then appeare he should not be now cast out of possession without a Scire facias against him upon which if he be warned and doe not come or commeth and say nothing against the Kings Title the land shall be reseised and the King reseised the King answered of the profits from the time of the first office though this Statute make no mention of Livery but only of Ouster le maine yet by equity Liveries are taken to be within the meaning thereof And here note this difference that in the cases last mentioned no seisin shall be before Scire facias and against the party yet in the case above and Title Liveries of a livery the King he may reseise without office whereof see at large Title Reseisor in Stamf. prae Rs. 856. Office AN Office is an Inquest by twelve men at the least taken before the Escheator assisted with the Feodry or the Commissioners of things which convert the Kings revenue to finde his Title and as a matter of Record requisite bv law to give the King an actuall and perfect seisin or possession of the thing whereof the office is found as of Escheators Wards land forfeited or aliened without licence and the like To pursue which Descriptions OFfices concerning Wardships 4. Ed. 4.24 33. H. 8. c. 22. of which only I speake the Escheator may finde as well by office as Virtute brevis but with this difference Added by Statute that if the land whereof the office is to be found bee of 60. pound yearly value or above and holden of the King the Escheator forfeits 5. pounds if hee finds any office thereof without the Kings writ directed to him for that purpose Writs or commission in nature hereof whereupon offices are to be found may not be made out of the Chancery or other Court having authority to make the same but by warrant or bill signed by the Mr. Survey or of the court of Wards 33. H. 8. ca. 12. or one of them directed to the Chancellour or officer having power to award the same writs Such or the Commissions are the diem clausit extremum Mandamus devenerunt Co. 8. p. Stoughtons Case 169. quae plura Melius inquirendum datum nobis intelligi the severall natures whereof in what cases they be so see Title Livery To which may be added that after the diem clausit or a mandamus awarded an office found there shall goe forth no more writs of the same kind to enquire further therefore at the instance of the same party But where the office is imperfectly found against the King in such case the King cannot traverse the office as a subject may upon surmise in the Court of Wards that the lands are of greater value that they are holden of other services that the Tenant was seised of another estate that these are more heires or other heires then were found in the first office or where by the first office the heire was found within age where indeed the Tenant dyed without heire so that the land ought to escheate or where by the first office one is found heire of full age where he was under age and generally where his highnesse hath a better Title then was found for him by the first office a Melius inquirendum may bee awarded in the Kings behalfe But in good discretion Co. 8. Paris Stoughtons case 169. no Melius inquirendum should be awarded after a perfect office found against the King without view of some record or other pregnant matter to intitle the King If upon the Melius inquirendum the office be found against the King Ibidem 169. b. he shall not have a second Melius but is found by the office even as a subject as against whom his traverse wch see Title Traverse And note that upon the last office upon the melius makes the first office void 12. Eliz. Dyer 2 â—2 Stat. E. 6. Cap. 8. as if upon the diem it be found that the land was holden of the King sed per quae servitia Iur. ignorant And thereupon the Melius awarded it is found that the tenure of a subject and all other points uncertaine as the Tenure the State the Value c. the first office is void When such inquest is found for the King 21. Ed. 3.2 this finding is called an office and it is a Title for the King whereof the Inquest was taken of such validity that when the King is once seised by office the seisin the office remaines till it bee discharged by matter of as high a nature as the office was 1. H. 7.19 viz. matter of Record namely a Livery or Ouster le maine But if an office found for a subject 21. Ed. 3.2 it makes no Title for him but is and may be used as matter of evidence to prove his Title An office is sufficient to entitle the King Stat. 1. H. 8. Ca. 8.3 H. 8. Ca. 22. Coo. 1. p. although it be never returned for if it doe appeare by the examination of the Escheator that hath upon such office seised the lands into the Kings hands it is sufficient But offices are usually returned if they be found by Writ or Commission into the Chancery whence the Writ or Commission issued Alton Woods 42. Coo. 4. p. Sadlers case 5.7 18. El. ca. 12. and from thence to the Clerkes of the Bagge transcripted into the Exchequer and into the Court of Wards but offices found Virtute officii without any Writ or Commission the Escheater may at his choice returne them either into the Chancery or Exchequer And if they be found in the County Palatine of Lancastar Chester or Durham either by Writ or otherwise they are to be thence transcripted into the Court of
Wards When an office is found inttiling the King to a Wardship 16. Ed. 4.1 Coo. 4. p. Sadlers case 59. it relates to the time of the ancestors death and gives the King all the meane profits of his land for that time because the King hath the wardship Ratione prioris tituli viz. by reason of his seigniory and loseth his rent and services in the meane time But an office to entitle the King to an Ideot Coo. 8. p. Comsors case 180. relates for the meane profits and the land no further then the finding the office because the King hath the custody of an Ideot Jure protectionis Rege protection commeth by the office found and not before but yet for avoiding of mean conveiances of his land made by the Ideot the office hath relation to the Ideots Nativity An office is requisite to be found after the death of the Kings Tenant for two causes 4. Eliz. Dyer 3 1. H. 7.19 c. Coo. 9. P. Sir Geo. Reynolds case 95. b. first for the dignity of the Kings person who cannot take nor depart with any inheritance or freehold but by matter of record Secondly because it puts the King presently upon the office found in actuall and full possession of the Wards lands and the profits thereof since his Ancestors death before any service or entrey by the Escheators which actuall possession the King hath not before Office For although by Stamf. he hath before office possession in law cast upon him by right of his signiory Sum. prae Rs. 54.69 which he may by entry or seisure of his Escheators before office reduce to an actuall possession sufficient to enable him to keepe the lands in his owne hands and to take the profits thereof yet he hath not till office be found a perfect actuall possession such as may enable him to grant or lease the land to his Committee Because the statute of 18. H. 6. provivideth that all letters patents made by the King of lands or Ten Stat. 18. H. 6. C. b. before office found and returned or within one Moneth after unlesse it be to him that tendreth his traverse the same office shall be voyd But the Master of the Wards may within that moneth after office make a release of Wards or Idiots lands to other then he that tenders a Traverse being enabled thereunto by the Stat. Stat. 32. H. 8. Ca. 46. 32. H. 8. which is generall and a latter Statute 18. Hen. 6. This seemes to be the reason why our bookes say that in case of Wardship of land the King is presently by the office in possession before seisure Coo. 1. p. Sir Geo. Cursons ca. 956. that hee hath not possession till office and that at this day the Escheator cannot seise any lands into the Kings hands for Wardship or other cause before the kings Title be first found by office 1 H. 7 17. 4. H. 7.1 5. Ed. 1. B. offic 55. which is to be understood to enable him by such seisure to grant the lands before office found Coo. 8. Paris Stoughtons case 169. for to all other purposes it seemes not against law that the Escheator may at this day seise a Wards lands before office as the words of the diem directed him to doe and as many bookes warrant whereof see Stamf. Prae. Rs. fo 12.14.78 b. But because before office it is doubtfull whether the King have Title or no the Esâ—hraters doe generally of their owne discretion ever since the Statute of Lincoine 79. E. 1. forbeare to seise before office thereby to avoid the Kings great trouble in suing the Ouster le maine which he was driven to doe by the Escheators seisure only though afterwards the office found did not intitle the King But the King as all other Lord 20. Ed. 4 11. Stam. prae Rs. 54.69 that are common persons is in the judgement of Law presently upon his Tenants death in possession of the body of his Ward in right of his seigniory 30. H. 6. Br. Patents 74. 11. Ed. 4.7 and may grant away the Wardship thereof before or after seisure and before office found because the said Statute of 18. H. 6. extends not to the body or in the ancestors life time may grant it Quando event de haered as our bookes and common experience agree What words in Offices make a Tenure See before Title Tenure BUt by that which hath been said it may be collected how great inconveniences may issue as well to the King by suppressing his Tenures and consequently withdrawing one of his ancientest revenues of the Crowne as to his subjects by finding the lands to be holden of the King where in truth they are not if corruption should be used in the finding of offices to prevent which divers Statutes have been made under severall penalties concerning an upright and just demeanor therein as well by the Kings Ministers as Jurors and the parties whom it may concerue The substance of most whereof follow 34. Ed. 3. c. 19. 36. Ed. 3. c. 13. 8. H. 6. c. 16. 18. H. 6. c. 7. All offices not found in good townes openly and by men of good fame and impanelled by the Sheriffe and having sufficiently in the same Countie and by Indenture betweene the Escheator and the Jurours shall be voide 33. H. 6.17 33. H. 8.2 Escheators ought to finde offices by vertue of writs within one moneth after the receipt thereof and in good townes and in open places and shall take no fees therefore but 40. shillings for executing every writ Escheators ought to bee men of 40. markes per annum at the least 1. H. 8.8 except Escheators in Cities Townes and Counties Palatine of Lancaster and Chester Escheators or Commissioners shall not returne any office not found by the oathes of 12. men and indented and by them sealed Every man shall bee admitted by the Escheators c. to give evidence openly in his presence at the finding of offices Escheators c. ought to receive offices found by the Jury without delay and to deliver the Counterpart thereof indented and sealed by himselfe to the Jury and the rest with the foreman of the Jury to the end that the Escheators may not imbesill or change such offices Stat. 8. H. 6. Ca. 16. 18. H. 6.7 All offices are to bee returned in the Chancery or Exchequer within one Moneth after the taking thereof 33. H. 8.22 Stat. 1. H. 8.8 7. H. 8.2 and the officers of the Chancery or Exchequer ought to receive the same and to fill it within 3. or 4. dayes after receipt and are thence to be transcripted into the Court of Wards as above is set forth Tenant for yeares Copyholder Stat. 2. Ed. 6.8 and he which hath a rent or other profit out of the Wards lands which are not found in the office shall have and enjoy these as if no such office had beene found which before this Statute he could not have VVhere an heire of full age is by an office found to be under age he may have his writ de aetate probanda and may sue his Livery or Ouster le maine and shall be restored to the profit of his land so if the heire under age be found to be of lesser age then in truth he is at his full age he may have like remedy and shall be restored to the profit of his lands from the time of his very full age notwithstanding such untrue office FINIS
holdeth of a common person Soccage lands he is a person having of lands within these Statutes because in the judgement of the Law he hath the land to many purposes and therefore devise c. by him of his other lands holden in Soccage is good only for two parts and his heire shall bee in ward c. for the third part If a man have only a fruitlesse reversion without rent expectant upon an estate tayle Coo. 11. Re. Henry Harpers Case 24. Coo. 10. Leon. Lowes Ca. 80. or for life of lands holden c. and devise but two parts of his other lands holden in Soccage a third part shall bee saved for wardships and primer seisin c. By these Statutes But if the first grant away this reversion Coo. Leonard Lowes Ca. 81. then he may devise all his Soccage land because at the time of the devise hee is no person having c. But if he that hath a remainder c. expectant upon an estate taile or a lease for life of lands holden c. deviseth all his Soccage lands and dies before his remainder shall fall into possession this devise of all is good because he is not a person having of such estate in lands holden c. as by the common Law yeeldeth wardship and therefore out of the purpose of the Statute and so note the diversitie betweene a reversion and a remainder upon the Reason of the Cases thereof before Title Marier Inheritances which of their nature are not of any certaine yearely value 5. H. 7.36 Coo. 10 Leon. Lowes Case 82. a. as a Franchise to have felons goods Court Leetes waifes estraies advowsons c. holden of the king c. shall restraine the owner thereof to devise a third part of his Soccage land because he that hath these is a person having hereditaments within the meaning of these sttatutes But where a man hath Soccage land Cars Case 29. Eliz. cited in Coo. 3. But. Bak. Case 30. b. a. and hath also a rent hat was holden by knights service in Capite extinguist in his Tenancy he may devise or dispose of it by act executed all his Soccage lands and there shall be no wardship of a tierce part because that the rent being extinct he was not a person having thereof at the making of his last will c. So where the husband and the wife be both Jointenants of an estate in Fee after coverture Coo. ibid. Stat. 34. H. 8. the husband shall not be said a person having of this land Coo. 8. Re. Wights fo 163. b. because hee alone is not owner of this land and so generally he that shall be said a person having of land holden c. to be within these statutes must be sole seised and not joyntly with another Thirdly as these words are in these statutes having lands doe import sole ownership of the land holden Coo. 10. Leon. Low Ca. 82. b. so they doe also import and appoint the time of such ownership to be the same instance when hee makes disposition or devise of these lands so that the time of having holding and disposing ought to concurre where if a man convey to his yonger or to his wife c. his lands holden c. in Fee simple Coo. 11. Re. Harpers Case 24. a. either absolutely or with power of Revocation having a third part which is Soccage land to discend and after purchase more land holden in Soccage he may devise all his new purchased lands because at the making of his will he had no land holden c. So if a man have Soccage land and convey it as Joynture to his wife c. and afterwards purchased lands holden Coo. 10. Leon. Low Ca. 83. b. c. and devise two parts thereof and dieth his heire under age no part of the Soccage land shall be taken to make a third part of the whole for watdship c. because when he made the conveyance of the Soccage lands he had no lands holden and therefore the conveyance good for the whole But if a man having soccage land of 20. li. yearely value deviseth it to his yonger children or to a stranger and afterwards purchaseth land holden of the yearely value of 20. li. and dieth the devise is not good for all the soccage land because the VVill tooke not effect before his death and before the land holden c. See now the difference betweene the last Case of conveyance by Act executed and this of devise But if a man having land holden in Fee and soccage land Coo. 3. But. Bak. Case deviseth this soccage land and after hee aliens his his land bona fide this divise is good for all the soccage land Coo. 10. Re. Leon. Lowes Case 84. a. t. because when the VVill tooke effect he had no land holden to cause a wardship or Primer seisin Fourthly it is to be considered who shall be said to be a wife or a child to be within these Statutes to be advanced and then what estate shall be said an advancement of such wife or children A disposition for the advancement that a man intend to marry Coo. 8. Virgill Parkers Case 173. b. though at the time she be no wife if after he marry her she is made a wife within the intent of these Statutes as if at the disposition made she had had him If by Act a man disposeth of all his lands holden to his bastard 14. El. Dyer 313. b. Coo. 10. Leon. Lowes Case 83. a. t. Coo. 6. Report Sir George Cursons Case 77. a. or to one of his collaterall blood not being his heire apparent or to his grandchild in the life of the father these Statutes give no wardship nor Primer seisin of a third part no more than if the deposition had been to a meere stranger bacause these are not children in judgement of law and then the conveyance remaines as it was at the common Law good to all because the Statutes provide for wardships or primer seisin but where the conveyance is made to a childe But if after the fathers death the grandfather conveieth the land to the use of any of his children there shall be wardship c. for a third part because by the fathers death the care of the children is cast upon the grandfather by the law as of his owne children and therefore they are to be taken children within the statute Then to see what shall be said an advancement of such wife and children if the land conveighed to the wife and children by the said father or grandfather be levied to her her husband to her use of the wifes lands therefore there shall be no third part in ward Coo. 9. Floyers Case 126. because this conveyance is no advantage to her in regard the land was originally hers and moved not from her husband therfore out of the statute So if a man convey land to his
wife for life the remainder for one of his sons the remainder is no advancement to the sonne to give wardship either for the body or third part of the land by these statutes Ibid. Coo. 2. Binghams case 94. because the mother is the Kings tenant during her life by advancement and such a remainder which may give wardship of body and land at the Common Law is onely intended by the word Remainder in these Statutes which this Remainder doth not the reason is about the title of the ward But a remainder which is in part of a reversion Coo. 10. Leon. Lowes ca. 81. a. as if a man makes a lease for life or yeares and after grants the reversion for life or in taile le remainder in fee to his sonne and after the grant for life or Donee in tayle dies without issue it shall be said advancement within these Statutes and shall give cause of wardship of the body during the life of the tenant for life because this remainder by common Law Coo. 9. Holts Case 132. b. t. shall draw ward and marriage as also a revorsion doth in such case give wardship because he in reversion is immediate tenant to the Lord and not tenant in tayle or for life If the son and heire or any other son purchase land of his father bona fide for money c. this is no preferment for the childe within these meaning of these Statutes and therefore there shall bee no third part of these lands taken for wardship or primer seisin because it was land purchased by the childe and not given by the father to prefer him This Statute gives authority disjunctive to make a disposition either by act executed or by will of two parts of land holden c. And thereupon if a man by act executed in his life time dispose of two parts for the advancement of his wife Coo. 3. But. Bakers Case and preferment of his children and payment of his debts he cannot devise the third part thereof because he had executed his authority before but if hee had aliened two parts to a stranger bona fide then he might also devise two parts of the third part remaining because his alienation to a stranger is out of these Statutes If a man alien two parts for advancement of his wife Re. 6.18 Sir Edw. Cleres Case c. he may also make a feoffement of the third part to a stranger or he may make a feoffement of the third part to the use of his last will and by his will may declare the use of that feoffement to a stranger But here note that the land passeth by feoffement and not by will and that the will served but as a limitation of the use upon the feoffement and yet in that case a third part of the two parts first disposed of shall be in ward If a man by act executed conveyes two parts for life in taile for advancement of his wife 35. El. Clem. Howards Case cited in Coo. 10. Re. Leon. Lowes Case 81. a. c. he may also devise the reversion of the same two parts because the Statute gives him full power over the two parts to dispose it as he will by will or otherwise It is to be observed that these Statutes are to be expounded to save a third part for wardship and primer seisin when the advancement continues in the advanced without alteration either by descent or alienation and not otherwise Wherefore Coo. 2. Binghams Case 93. b. 94. a. Coo. 9. Holts Case 132. a. if the son advanced aliens bona fide or dies and the land descends to his heire in the life of the father that gave the land there shall be no wardship of a third part by these Statutes the same law is when the land is conveyed for the advancement of the wife or payment of the debts Whereas these Statutes serve to be in ward Coo. Re. 10. Leon. Lowes Case 84. a. m. c. lands to the full yearely value of a third part of the whole it is to be noted that the same value shall be accounted as the lands be of value at the Ancestors death The thing of a casuall and uncertaine value may not be left for the third part Coo. Leon. Lowes Case 81. a. t. R. 3.32 b. But. Bak. Case as a franchise to have felons goods and of fugitives and out of fines outlawes fines amerciaments which have not been accustomably let unto farme for yearely rent but if they have been so let then they may be left for the third part The King or the Lord ought to have his third part immediatly after the death of the tenant But. Bakers Case 34. and shall not expect upon any uncertainty wherefore if a man seised of three acres holden in Capite c. leaseth one acre for life and after deviseth the other two acres and dyes and after the tenant for life dies yet the devise is void for a third part of the two parts because the third part did not descend immediately to the heire In construction of these Statutes 35. H. 8. Bro. Testaments 29. an equality hath been used so that for the levying and making up of a third part saved by these Statutes parties alike interessed shall equally and alike be respected wherefore if a man have three severall Mannors holden of three severall Lords by Knights service Coo. 8. Virgill Parkers Case 173. b. every Mannor being of equall value he cannot devise two Mannors and leave the third to descend according to the generality of the words of these Statutes for then he should prejudice the other two Lords of their wardships but he must devise two parts of every Mannor and leave to descend a third part of every Mannor to make a wardship to every Lord. So if a man seised of land holden Coo. Virgill Parker 173. b. c. disposeth before mariage one moity for a joynture of his wife that shall be and after marriage disposeth the other for payment of his debts and legacies and the third part for the King as other Lords shall be equally taken out of both halfes and not out of the halfe last disposed So if the other deviseth the land Coo. 9.133 b. Mat. Menes Case to his eldest son one part and so to foure other sons like parts whereof one part only is holden c. the third of the whole shall be made up equally out of every severall third part of a younger brother a like quantity if the King or the Lord hath once the benefit of the Statutes against one son the Statutes are satisfied and he can have no further benefit therof against another-son as if the father convey land holden c. to one son in tayle the remainder over to another of his sons in tayle or in fee Coo. 9. Tho. Holts Case 132. a. and after the fathers death the King or the Lord
restitution therunto and the profits thereof he is driven to sue to the King for his speciall grace and pardon To prevent which penalties the Law requireth that the heire doe at times therefore by the Law appointed sue to the King to have such lands re-delivered unto him by his highnesse They cannot seize before the office which is called in Law saving of Livery till which be done the Escheator in the County where the land lies may to the Kings use seise and take the whole profits of the land Coo. 9. Sir Geo. Reinolds case 95. b. Coo. 8. Hales Case 172. b. which notwithstanding is not used to be done till office be found and then the King is in possession without seisure and is to be answered of all profits since his Tenants death till Livery sued forth then he doth his homage and hath the land delivered unto him out of the Kings hands and paieth the King his Primer seisin whereof see before in the last Title But because to your suing of Livery many things are to be done with great care Coo. 8. Hales Case 172. b. and still the Lord gives the heire 6.3 moneths time for the prosecuting thereof if the heire at his full age having been in Ward or at the death of his ancestors if he after his full age tender his Livery and pursue it with effect he shall have as much benefit by his tender as if he had done homage and had sued his Livery And therefore if the heire after the tender dies within the said 6.3 moneths Coo. 9. Holts Case 132. so that the prosecution of the Livery is become impossible by the act of God In providentia excusat legem and the interest of the King to Primer seisin is determined as if he had taken homage of the heire when he made his tender but the meane rates if any were forfeited are not discharged And so for the same reason the heire after such tender may bargain and sell or make other disposition of the land and the same is good in law if he die within the said 6. moneths Instructions by the new institutions the sur veon and hath as much power over it as if he had sued his Livery this tender at 6. moneths end is used to be continued over for 6. more and so from 6. moneths to 6. moneths as long as the Master of the Wards shall give leave and in the meane time the heire hath like benefit thereof as if he had sued his Livery Livery shall not be sued but where the Kings Tenant dyed seised of lands holden by Knights service in Capite Inst 77. a. or Soccage in Capite If the Tenure be Knights service in Capite Stat. Marleb ca. 16. viz. F. N B. 61. the King hath the same prerogative for his Livery that he hath in case of Wardship whereof see before to have a Livery sued of lands holden by his Tenant of others either by Knights service or Soccage or for lands which he hath in Ward by reason of Ward or that are holden of his Tenants or that are holden of a Bishop by a Tenant that dyeth while the temporalties of a Bishoprick are in the Kings hands But if the Tenure be in Soccage in Capite 4. El. Dy. 113. F. N. B. 256. b. 32. H. 8 Br. Gard. 97. 45. E. 3.19 35. H. 8.6.52 F. N B 259. Inst 77. the King as he shall have primer seisin and a Livery to be sued of no other lands holden by his Tenant of others besides the land holden by Soccage in Capite so also the heire of such Tenant shall not sue Livery nor pay primer seisin if at the death of his ancestor he bee under the age of 14. but in every of these cases they to whom the body belongeth shall have an Ouster le maine una cum exitibus viz. the Lord of whom the lands are holden by Knights service And here in the last case 20. Eliz. Dyer 362. howbeit when he attaines his full age of 14. yeares hee must sue Livery or else shall lose the meane rates But bee the heire of the Tenant by Knights service in Capite under age at the death of his ancestor West 1. cap. 22. St. 39 H 6. ca. 2. a. Stam. prae Rs. 13. yet at his full age he shall sue Livery although he hath been in Ward as well as though he had been of full age at the death of his ancestor though with some difference for the primer seisin as appears Title Primer seisin The time after the death of the Kings Tenant for his heire to sue Livery is of lands in question holden by Knights service in Capite be the heire in Ward and then comes to full age or be of full age at his ancestors death then viz. the heire male at 21. the heire female above 14. at the death of the ancestor then if the possession of the free-hold doe descend immediately after the ancestors death to the heire the Livery is to be sued forthwith If only a reversion doe descend then not till after the death of the particular Tenant if it be a reversion without rent incident thereunto howbeit the heire at this day hath election either to sue immediately in the life of the particular Tenant paving for Primer feisin but halfe a yeares value or to tarry till after his death Inst 77. a. Dyer 14. Eliz. 308. b. and then to sue it and pay a whole yeares value of the land but if it be in reversion with a rent incident thereunto and he sueth out his Livery in the life of the Tenant he may doe so and shall pay for Primer seisin but one yeares value of the rent And the time of the heire of Tenant by Soccage in Capite to sue Livery is Coo. 9. Hales case 132. b. Re. 9.81 Leon. Lowes case immediatly upon the death of the Ancestor with the same observation of possession or Reversion as is for the heire of the Tenant by Knights service in Capite if he be above 14. years of age at the death of his ancestor and if hee be under then hee is to sue no Livery till he be 21. yeares as is afore shewed But the time which the law hath appointed for Soccage of Livery may by Accident be altered or changed Co. Re. 9.173 Sir Hen. Constables case Coo. Re. 6.74 Sir Dru Druries case as where the sonne and heire is a Knight in the life of his father and his father dies before he be of full age his Livery must be sued or tendred immediatly on his fathers death and before his full age because the King by Knighting him hath adjudged him of full age So in diebus illis if the father had entred into Religion his heire being of full age his heire should have sued Livery presently and should not have expected his fathers naturall death No Livery can be sued of lands above the yearely value of 5.
A LEARNED TREATISE CONCERNING WARDS AND LIVERIES WRITTEN By the Right Honourable and learned Gentleman Sr. James Ley Knight and Baronet Earle of Marlebrough Lord high Treasurer of England when he was Atturney of his Majesties Court of WARDS and LIVERIES WHEREIN IS SET FORTH the learning concerning Wards and Liveries collected and well digested out of the yeare-bookes and other authorities of the Law for the benefit of all that are Studious London printed by G. Bishop and R. White for Henry Shepheard and Henry Twyford and are to be sold at the signe of the Bible in Chancery-Lane and at the three Daggers in Fleete-streete 1642. THE EPISTLE DEDICATORY TO THE STUDENTS OF the Common Law of England T Is not to commend this Work that this is written for that it will it selfe nor is it to present unto the curious Readers view novelties but ancient learning usefully digested the common Law of England that is defined to be Lex non Scripta is best knowne by the multitudes of particular cases reported and set downe in the severall yeare-bookes and other reports of the Law and in them the severall resolutions of different natures being set downe as in time they hapned to be argued without having regard to report together all such cases as concerned one kinde of learning breeds such confusion that the painefull student must be very carefull under his severall titles in his common-place-bookes to take notes with reference to the bookes from whence he takes them proper to be applied to the title under which he writes it and likewise carefully to coate his bookes to each other or otherwise upon sundry occasions hee may be driven to tumble up and downe the severall bookes to resolve himselfe and misse too of such good resolutions as the bookes would afford him if his memorie which may easily faile be not admirable This small Epitomie will-prevent that trouble and helpe more then any abridgment extant the laborious Student to know and find out the learning concerning wards and Liveries no small part of our Law nor easiest learning It was written by the right Honorable and learned Sir James Ley Earle of Marlebrough Lord High Treasurer of England when hee was Atturney of the Wards and Liveries for his owne private use but now presented to publike view for the common good of the Students of the Law The learning concerning Wards and Liveries was not practised in one peculiar Court nor differences concerning Wards lands not confined to any particular Court but left to be proceeded in all Courts proper for the nature of the causes till of late yeares but now by a Statute made 32. H. 8. cap. 46. A peculiar Court knowne by the name of the Court of Wards is erected wherein all things that concerne the Kings Wards is heard and determined so that now the Law as to Wards being to be onely practised there This Treatise will be of good use to him that intends that practise for in it will be found very much of the learning concerning Wards for him that desires the knowledge of such learning It was chiefely published and to him is wisht encrease of Learning Farewell Instructions for our Mr. of our Wards and Liveries for the better authorizing and directing of him in the execution of his Office and performance of our service FIrst our pleasure is and we doe declare the Master of our Wards shall and may survey and dispose of all and every of our Wards Idiots and Lunatiques and respectively of their Lands Tenements Hereditaments Chattells goods properties interests rights titles Intrusions Arrerages and Meane-rates and all Liveries Ouster le maines and ancient Mannors and all Advowsons and presentations of Churches Herriots Reliefes Coppyholds Woods Mines and Quarries of any our Wards and of all duties belonging or to belong to us by reason of any Tenure That the Master of the Wards shall from time to time call unto him one or more of such persons as we nominate to be his assistants and shall use the assistance and advice of the mor one of them at a place certaine and times certaine be limited and appointed by the Master for the sitting upon the matters within his survey and disposition so that our Tenants and Suitors may make their repaire thereunto That the Master with the advice aforesaid shall have power and authoritie to compound for the Wardships Idiots Lunatiques and other duties aforesaid and to assesse all Fines install all payments for the matters aforesaid and to take Bond and Securitie in our name for the same and to commit them to the safe custody of our Clerke of our Wards and Liveries to our use and upon full payment to cause the same to bee delivered up and cancelled and also to discharge and renew any Bond or Securities as occasions shall require That there bee ordained a speciall seale for our Wards Liâ—eries and Tenures and for our 〈◊〉 â—…ising by reason thereof which 〈◊〉 shall be in the custody of the said Master of the Wards and that no other seale shall bee used for or concerning any the matters or causes aforesaid That the Master with the advice aforesaid shall have power and authoritie to grant Wardships for Fines to make Leases of Wards Lands and of Lands in our hands for want of Livery or Ouster le maine for Fines and reserving of rents and to grant the custody of Idiots and Lunatiques and their goods and Lands and to compound for meane rates and to mitigate and remit as well the forfeitures of such bondes and meane rates as also to allow reasonable recompence to prosecutors such as doe service in the cases aforesaid That the Mastor with the advice aforesaid shall have power and authoritie to give direction to any of our Courts and unto the officers thereof and unto any of our Ministers and officers as well for the proceedings and prosecution of any suites and pleas and finding of offices and inquisitions making of certificates and other services as also for the stay surceasing or superseding thereof and that no direction shall be given to the contrary or otherwise by any of our chiefe Officers touching the premisses That all petitions or suites made to us touching the causes aforesaid shall be either referred or directed to the said Master who shall have power with the advice aforesaid to answer and determine the same and that petition suite or information shall not be received by our councell of revenew touching the premisses but that the same shall bee made and belong unto the Master of the Wards and Liveries And whereas the Kings most excellent Majestie by Indenture bearing date 10. Ianuarij 14. Jacobi made betweene his Majestie on the one part and Sir Francis Bacon Knight Lord virulam and Lord Chancellour of England Sir John Daccombe Knight deceased Thomas Murrey Esquire our Secretary Sir James Fullerton Knight one of the Gentlemen of our Bedchamber John Walter Esquire our Atturney Generall and Thomas Trevor Esquire our Sollicitor