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A51987 A learned treatise concerning wards and liveries written by the Right Honourable and learned gentleman St. James Ley, Knight and Baronet, Earle of Marlebrough ... Marlborough, James Ley, Earl of, 1618-1665. 1642 (1642) Wing M687; ESTC R1067 38,531 94

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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 Es●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