grant thereof made by the King to restore the ancient Tenure of the Subiect and if a grant had beene made otherwise hee of whom the lands were holden before had his remedy by petition to the King If the King purchase a Mannor of which I. S. holds hee shall hold as hee held before and shall not sue Livery nor pay Primer seisin nor hold in Capite To hold of the King by graund Sergeancy is Knights service in Capite by petty Sergeancy is Soccage in Capite whereof more in the following Title To hold of the King by Castle-guard Lit. 34. b. Coo. 2 p. Cromwels case 81. Lit. 266. is Knights service in Capite but to hold by certaine Rent for Castle-guard is but Soccage But by Fitz Harberts natura brevium a Tenure of the King Coo. 4. Luttr case 88. b. F. N. B. 256. a. Stam. praerog 29. b. as of an ancient Honour by certaine rent for the keeping of Dover C stle is taken to bee Knights service in Capite but this seemes no Law Note that there must of necessity bee a Tenure of all Lands in the hands of Subiects Coo. 9. p. Ant. Lowes case 123. wherefore if the King grants or releases the service of his Tenant by Knights service c. to his Tenant and his heires this cannot extinguish the Tenure wholly but that fealty shall remaine for necessity of Tenure 26. H. 8.9 As in graunts so in offices found after the death of the Kings Tenant to entitle the King or Lord of a Wardship the words of the office directs what the Tenure is and therefore before the Statute of 2. E. 6. cap. 8. if an office had beene found that one held of the King generally Sed per quae servitia Iurat ignorant this was taken for a Tenure by Knights service in Capite because where the Tenure is uncertaine the best shall be intended for the King And for the same reason an office finding De quo tenetur Iurator ignorant this was taken for Tenure by Knights service in Capite because where the Tenure is uncertaine the best shall be intended for the King And for the same reason an office finding de quo tenetur jurat Ignorant was taken for the immediate Tenure of the King and was sufficient to entitle the King to a Wardship but by the said Statute it is provided that in the first case Stat. 1. Ed. 6.4 it shall not be holden for a Tenure in Capite and in the second place no immediate Tenure of the King but in such case a Melius inquirendum shall be awarded howbeit if upon the Melius inquirendum the same be so again uncertainly found the best shall be intended for the King viz. a Tenure in Capite by Knights service There are also Tenures by collusion or estoppell 7. E. 3.37 as when a man seised in Fee simple of Lands holden of a common person hath sued a Livery or Ouster le main of the same out of the Kings hands or hath confessed by any matter of Record a Tenure in chiefe of the King this makes the Land holden of the King of whemsoever it was holden before and the King shall have wardship by reason of this Tenure Tenant in tayle generall holds of his Donor in such Knights service as hee holds Ouster of his Lord 38. E. 3.7 2. Ed. 4.5 1. Ed. 2. de militibus Nevell yea although upon the gift made the Land be given Tenend de capital dom yet such a cause shall not alter the Tenure but that hee shall still hold of his Donor Twelve plough Land being every one of them anciently of the yearely value of five nobles make a Knights Fee worth per ann 20. l. which was anciently accompted sufficient maintenance for a Knight thirteene Knights Fees and a third part being 400. markes yearely value made a Barony Re. 9.124 Ant. Lowes case Inst fo 69. a.b. twenty Knights Fee of 400. l. yearely value made an Earledome and according to the same proportion 800. markes a Marquesdome and 800. l. a Dukedome the fourth part of which is paid the King for a reliefe viz. of a Knights fee 5. l. and so of the rest To hold of the King in Fee Farme Mag. Cart. cap. 27. 20. E. le case Inhabitant de Sassron Walden is a Soccage Tenure and yet this Tenure shall yeeld no reliefe because the Law intends that the Farme or Rent that hee payes for the Land is the full value of the land and recompences all other profits of the Tenure and this is the common experience of the Exchequer Tenures for the most part are either Knights service or Soccage Knights service is either in Capite of the King or in common Knights service in Capite is of two kindes one more speciall viz. a grand Sergeancy the other the generall service Knights service is either of the King as of some Honour Castle or Mannor or Knights service of common persons So Soccage is either in Capite or common Soccage in Capite more speciall as petty Sergeancy or more generall the common Soccage is either of the King as of some Honour Castle or Mannor which are species of ancient Demesne and Burgage of the King or Soccage of a common person There are also other Tenures as Frankallmoigne Tenure by Divine Service base Tenure as Coppy-holder Tenure by villenage of which I need not speake for the purpose in hand Of Knights service and Soccage Tenure of a common person I may likewise spare the description but of either of these much is said in the Title of Wards collusion and those that follow Tenure in Capite by Knights service IS properly where lands are holden of the person of the King and of his Crowne as of a seigniory it selfe in grosse 30. H. 8. Dyer 44. a. and chiefe above all other seigniories Improperly of him as of some ancient Honour annexed to the Crowne as Barkingsteed Newland Rawleigh Stat. praerog Rs. fo 29. b. the Abbey of Marle c. And this description is understood as well of Knights service as Soccage in Capite Knights service in Capite is denoted either by expresse words as Tenend de nobis per servitium militare or improperly by construction of Law upon uncertaine words as in the cases supra Title Tenures The more speciall Knights service is grand Sergeancy Lit. 34. b. which is denoted by some particular service to be done in his own person to the King then the other requireth as to carry the Kings Banner Launce c. to lead his Hoast to be his Marshall to carry his Sword before him at his Coronation to be his Sewer Carver or Butler at his Coronation to bee one of the Chamberlaines of his Exchequer and divers other the like To Knights service in Capite 2.24 Ed. 3.47 C. Stam. prero Rs. fo 7. ib. 6. L. 2. ib. 12.6.5 Plo. Com. Fogags 17. 2. 13. H. 4.6 b. 22. H. 8. 5.
E. 4.12 Stam. prerog Rs. fo 8. are incident not only Ward Marriage Primer seisin Reliefe Livery and Licence to alien but also Prerogative to Wardships and Primer seisin of all other Lands holden of common persons in Knights service or in Soccage and of all other services whereof the Tenant in Capite dyed sole seised in Fee and Fee taile in his owne Right or in the Right of his wife in Possession Reversion Remainder or in Right which descended to the Kings Ward and not to any other customary heire 12. Ed. 4.18 as the younger sons in Gavellkindes c. Except the Lands holden of the Archbishop of Canterbury the Bishop of Duresme between Tyne and Tese and the Lords of the Marches where the Kings writs runneth not which they had in Anno 17. Ed. 2. 17. Ed. 2. Meues case 133. Sta. 17. Ed. 2. Stam. pre Rs. 7. b. 6. H. 2. Gard. 105. But the body is not wherefore the King shall have that against all men but the King shall have no Prerogative in the Lands of the second Ward which he hath by reason of Ward as where one that held of the Kings Ward was never seised of those Lands nor of the service they were holden by And the meane Lords whose Fees the King hath in Ward by his Prerogative shall have their Rents by which such Lands were holden during the Minority payed to them by the Kings Officers appointed to receive the profits of the Land holden of the other Lord upon request and tender of an Acquittance to the said Officers As by this Tenure the King hath Prerogative in case of Ward so also he hath the like Prerogative of Primer seisin which see after Title Seisin Soccage in Capite THE Tenure is described in the last Title Coo. 6. p. Wheelers case 7. the service that this Tenure is knowne by is generally where the Tenant holds by certaine services not by knights service for all manner of services as Tenend de nobis per fidelitatem tantum or by homage and Fealty or by Fealty and rent or by homage fealty and rent or by a red Rose or the like pro omnibus servitiis and although in the last example nothing be said of Fealty Lit. fo 36. a. yet it is implyed by the Law as incident to all manner of services More speciall soccage in Capite is petty Sergeancy which is where a man is bound by his Tenure to render yearely to the King a Bow a Sword Gauntlet or such like small matter touching the War To Soccage in Capite are incident Stam. praer Rs. cap. 3. fo 13. b. Reliefe Primer seisin and Livery and licence to alien whereof in these small Titles Common Knights service of the King IT is where land is holden of the King as of some Honour Castle or Mannor per servitium militar expresly or implyedly by construction of Law upon ambiguous words This Tenure gives the King Ward Marriage Reliefe Livery but no Primer seisin nor licence to alien nor hath the King hereby any prerogative to have other lands holden by the Kings Tenant of common persons into Wardship But yet the King shall by his prerogative have the Mariage of such Ward of whom soever he holdeth besides Stam. praer Rs. fo 10. 24. Ed. 3.31.6.5 though his Tenant were enfeoffed of the lands holden of his Maiesty after he was enfeoffed of his lands holden of others without respect of the priority of feoffement which alwayes prevailes amongst meane Lords whereof more fully afterwards in Title Marriage Common Soccage of the King IS where Land is holden of the King as of some Honour Castle or Mannor by the services mentioned supra Title Soccage in Capite This Tenure yeelds a Reliefe but no Wardship to the King Marriage Primer seisin c. Ward THe Tenure by Knights service had his originall Creation for the defence of the Kingdome Lit. fo 20. binding the Tenant to serve the King or other Lord to whom he is Tenant in the Kings warres for a certain time to the quantity of his Terme and therefore that the Common-wealth should not be unserved the Law gives the King Lit. fo 22. or the other Lord custody of the heire Male of such Tcnant being under age of one and twenty yeares at the death of his Ancestor together with the profits of his Land till the same age And of the heire Female Lit. fo 22. under the age of fourteen yeares at the death of her Ancestor and unmarryed together with the profits of her Land untill her age of sixteen to the end that he may provide himself of a man able to doe him Knights service But if the heire Female be marryed at the death of her Ancestor then her Land only shall be in Ward but till her age of fourteen yeares because those two yeares after fourteen are given only to make tender of her marriage which is already done And if at her Ancestors death she be fourteen yeares old Lit. fo 22. Bro. Gard. 86. Ac. 35. H. 6.52 then there shall be no Wardship neither of her body nor Lands because at that age shee may have a husband able to doe Knights service and that is her full age to be out of the Ward by the Common Law 35. H. 6.54 and the other two yeares are given in favour of the Lord. But when lands that are holden of the king or other Lord descend to an heire male or female in the life of the father from some other ancestor as from the grandfather c. of the mothers side the mother being dead Lit. fo 25. Coo. 3. Ratch case 38. Coo. 6. Re. Ambrosia Gorges case 22.22.6 re N. B 143. o. Lit. fo 114. though the Lord shall have the Wardship of the land yet the law of nature gives the father the Wardship of the body of such heire with this difference in case of an heire female that he shall have the Wardship of her body till he have a son and then the Lord shall have it because by the birth of the son he is become heire apparent and this priviledge is given to the Father but for his heire apparent which now she is not in those cases the grandfather shall not have the Wardship of his grand-childe if his father be dead touching the kings prerogative to have Wardships of his lands that his Tenant by knights service in Capite held of another Lord See before Title Tenure in Capite by knights service and more in Stamf. exposition of the kings prerogative cap. 1. So the essence of Wardships is requisite that the Tenant die sole seised of lands in possession Remainder or Reversion or in right holden in knights service and a descent to their heire for if men be joyntly seised in fee or in fee tayle and one of them die his heire under age he shall not be in Ward because the Lord hath his Tenant alive viz. the Survivor who
hath wardship and primer seisin of a third part and then the first son dyeth without issue the King or Lord shall not have the benefit of the Statute against the son in the remainder for the Statutes doe extend to the first son advanced only if he survive the father and then be owner of the land Wherefore if a man have lands holden 20. El. Calthrops Case cited in Coo. 3. Re. But. Bak. Ca. 31. a b c. of the yearely value of 20. li. and Soccage lands of 10. li. yearely value he may devise all the lands holden c. and leave the Soccage land only to descend for wardship and primer seisin and the Statutes are satisfied and the heire shall sue Livery for one of the acres holden c. though no land be descended to him if the land be holden of the King by Knights service in Capite So if a man have land only holden Coo. 10. Leon. Lowes Case 84. b. c. And conveyeth the whole for advancement of his wife preferment of his children and afterwards purchase so much land in Soccage as amounteth to the third part of the land holden and leaves this to descend this Statute is satisfied and the conveyance is good for the whole land holden c. And note Coo. 10 Leon. Lowes Ca. 84. that to make wardship upon these Statutes the estate of the Lord holden ought to continue after the Tenants death And therefore if a man have an estate tayle only of land holden and hath Soccage and dyeth without issue so that the estate tayle is spent the devise is good for all the Soccage land so if the land holden be defeated by condition after the Tenants death And so the estate of the Tenure ought to continue after the death of the Tenant Coo. 3. But. Bakers Case 34. b. wherefore if the King gives land to one and his heires to hold during the life of the Patentee by Knights service in Capite and after his death in Soccage or E converso here shall be no wardship or primer seisin neither by the common law nor by these Statutes because in the first case the Tenure continues not after the Tenants death and in the second case the Tenure to make a wardship commenceth in the son only Collusion to avoid Wardships IF Tenant enfeoffe his son and heire apparent St. Marle b. ca. 6. Plo. Com. or his collaterall heire apparent to make him have an estate in land as a purchasor and so to beguile the Lord of his wardship because the heire comes not to the land by descent this is collusion apparent and manisest against which by the Statute of Marleb made Anno 32. H. 3. It was provided that the Lord shall notwithstanding have the wardship of his heire There is also collusion which is not so manifest as when the Tenant enfeoffes others upon collusion between him and them had for the benefit of the heire and to prevent his wardship and this collusion is averable against which also this Statute of Marleb provideth To instance in particular cases what shall be said collusion within these Statutes of Marleb and what is not is needlesse because the cases thereof are too many for this Treatise as for that by the said Statute of 34. H. 8. cap. 5. a more ample provision is made against Collusion then was by that former Wherefore before the statute of 34. Inst fo 78. a. H. 8. if the father had stept but a little further and had made a Feoffement to his sonne and heire and to a stranger although the inheritance were limited to the heires of his heire and that the stranger had but an estate for life Or if the Father had made but an estate for life or taile to his sonne and heire 27. H. 8.10 and limited the remainder and granted the Reversion to another or had left the Reversion in himselfe or if the father had enfeoffed a stranger for the advancement of his younger sonnes or of his daughter or for the paiment of his debts and after doe enfeoffe his heire in all these cases the Lord had beene prevented of the wardship of his Tenants heire and he not helped by the Statute of Marleb because those conveyances were in judgement of the law no Collusion neither apparent nor averable within the intent and meaning of the said Statutes But now by these Statutes of 32. Coo. 6. Sir George Cursons case 76. H. 8. in all these cases and the like Collusion may be averred for a third part of the Land so conveyed and the conveyance pro tempore avoided Re. 8. Rep. Wignts case 163. Inst 78. a. or the wardship primer sesin in case of land holden of a common person and for wardship of primer sesin in case of land holden of the King for a third part of the land but as these Statutes in many other cases gives remedy to the King and other Lords where they had none before so in other cases these Statutes give the Tenant benesit where he had none before And therefore where the King Coo. 8. Wights case 3. 164. b. Coo. 10. Leon. Lowes case 82 83. or the Lord by the Statute of Marleb might take advantage by Collusion apparent or where the Tenant conveyes the land to his sonne and heire under age of an estate in fee simple might have had the whole land so conveyed by fraud in ward now by these Statutes because they did enable him to convey the two parts for preferment of his childe the King shall have but a third part in such case this Statute of 34. H. 8. cap. 5. concerning Collusions to this purpose that if the Tenant being seised of an estate of inheritance doe by Act executed in his life time convey by covin to any person his land holden c. for or with divers Remainders over in Fee to a stranger or to his owne right heires or shall make by fraud contrary to this Act any estate conditions mesnalties tenures or conveyances to the intent to defraud the King or the Lords of these wardships c. which ought to come to them after their tenants death by force of this Statute and of the Statute of 32. H. 8. the said estates and conveyances being found by Office to be so made by covin There the King shall have the wardship and other profits 2. 3. Eliz. Dyer 193. c. according to the intent of the said Statute as though no such estates had beene made untill the said office be lawfully undone by traverse or otherwise and other Lords shall have their remedy in such cases as their wardships of body and lands by the Writ of Wards and shall distraine and averre for their reliefes heriots or other profits as if no such estates had beene made But observe 10. Eliz. Dyer 276. Re. 8.165 a. Wights case that it is adjudged upon these Statutes of 32. H. 8. and 34. H.
office to be above 5. li. yearely value and under twentie pounds per annum and then greater fees are allowed by the said Statute and upon suing either of those Liveries no other Primer seisin is payed then the meane profits of the lands inured from the ancestors death to the suing of the Livery according to the description thereof by the Stat. Prae. Rs. cap. 3. See before Title Primer seisin which meane profits may also be saved by tender of the Livery and so the King hath nothing for Primer seisin And lastly a speciall Livery which the Court of Wards sayes ought not to bee sued unlesse the land be above the yearely value of 20. li. found by office and if a man will sue a speciall Livery for lands of a lesse value he must confesse his land to be above that value Howbeit the law is taken otherwise in our bookes where mention is of a speciall Livery without speaking of the value of the land and reason proves it may be so called because it containes a speciall pardon of all entry intrusions meane rates c. which may well be granted upon a lesser quantitie of lands as upon a greater and upon this speciall Livery no primer sesin other than the said meane profits is taken by the name of a primer seisin but they use to take a sum of money to the Kings use by the name of a fine for his Maiesties speciall grace and pardon vouchsafed to his Majesties Subjects by the faid speciall liveries to be sued of and in possession and the heire hath not him in ward or if the livery be so sued of and in possession and the heire hath not beene in ward or if the livery be to be sued of a Reversion halfe a yeares value which agreeth by the common proportion above in the bookes named primer sesin and upon tender of any of these Liveries they shall use to take a bond for that shall be due to the King upon Livery sued for feare of the heires death within sixe moneths before the Livery sued out and note that a speciall Livery gives the heire licence to enter and take the profits of the lands immediatly without suing any writ of aetate probanda as if a Livery had been thereof sued and pardons all issues meane rates and profits of the lands but yet the same are paied before he can have such livery and pardons all entries and entrasions by the heire or any his Ancestors and fines for alienations without licence and yet they of the Exchequer notwithstanding such Livety use to send processe to the Sheriffe to seise the land after such alienation and to compell the heire to pay a fine and to sue a pardon for such alienation without licence so that the benefit of a speciall livery above a generall as I conceive is little other than that the heire thereby avoids the trouble and charge of suing his writ de aetate probanda and prevent the danger of misusing his Livery and by consequence the reseising of this land without great inconveniences they appeare in part in this Title and more amply Praerog Rs. fo 19. 80 81. c. Ouster le maine Is in all other cases where Liveries is not to be sued as where the Land is holden to be in common Knights Service of the King as of some Honour Mannor Castle c. and the heire within age no Livery shall be sued and yet because no man may enter upon the Kings possession without his leave the heire at his full age shall sue an Ouster le main cum exitibus but in the first yeare of Queene Elizabeth Inst fo 77. a. 1. Eliz. Dyer 168. a. it was questioned in the Court of Wards whether it should be a Livery Cum exitibus or an Ouster le maine and there agreed that Ouster le maine is onely of Lands in the Kings hands holden of others then of the King but yet ordered that a Livery in this case una cum exitibus should be granted by the name of Ouster le maine because the course of that Court was so by the space of 30. yeares before where note that no meane rates shall be forfeited for land holden of the King by common Knights service though there be no tander of Livery which is the reason why Ouster le maine is granted cum exitibus So if the Escheator claime land by vertue of dying c. before office Stat. de Eschetor mode 29. E. 1. and after by the office no title is found for the King the partie that ought to have againe the land shall have an Ouster le main cum exitibus So if the Eschetor will seise land found by office to be holden of the Archbishop of Canterbury or of such other person as are exempt in the first Chapter of the Statute deprae Rs. they shall have an Ouster le main cum exitibus So of lands holdan in Capite if a Lease be made for life the Remainder over to a stranger and Tenant for life dies this matter being found by Office if the King seise the Land he in the Ramainder shall have an Ouster le main cum exitibus So where two hold land joyntly of the King in Capite F. N. B. 257. g. and one dyeth and the matter is found by office which notwithstanding the King seiseth the land the Survivor shall have an Ouster le main cum exitibus So if the heire of Tenant in Soccage in Capite be under the age of fourteene yeares at his ancestors death 35. H. 6.52 F. N. B. 256. c. Stam. prae 12. b. and the matter is found by office and yet the Escheator seiseth the land for a primer seisin le procheine de kinne to the heire shall have an Ouster le maine cum exitibus but yet in that case after the 14. the Escheator may seise and the heire must have Livery and for want of tender thereof he shall lose meane rates from his age of 14. So if Tenant by Soccage in Capite die also seised of other lands holden of other Lords then of the King by Knights service or Soccage 45. Ed. 3.19 a. 4. Eliz. Dyer 213. which descend to the heire under age and after office thereof found the Escheator seiseth the lands into the Kings hands the Lord of whom the land is holden by Knights service in the one case and procheine kinne in the other case shall have the lands out of the Kings hands by Ouster le maine cum exitibus And if the heire be of full age at his Ancestors death he himselfe in both cases shall have the Ouster le maine And generally in all cases whereupon the matter is discust Stam. prae Rs. fo 77.6 et 82. 21. H. 7.5 29. Ass 43. it appeareth either upon the returne of the office or upon trover monstrous de droit ou petition de droit and the like as the cause shall require that the King had no right or
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