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A22730 A commission vvith instructions and directions, granted by his Maiestie to the Master and Counsaile of the Court of Wards and Liueries for compounding for wards, ideots, and lunaticks, and giuen vnder his Highnesse great Seale of England the eleuenth day of December 1618. England and Wales. Sovereign (1603-1625 : James I); James I, King of England, 1566-1625.; Banbury, William Knollys, Earl of, 1547-1632.; England and Wales. Court of Wards and Liveries. 1618 (1618) STC 9239; ESTC S100728 9,636 33

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foresaid Cases THAT euery Feodary doe appoint some certaine person and place in London whither the Court may send directions to bee conueyed to the Feodaries continually for Our seruice THAT euery Feodary at the end of euery Terme attend the Clerke of the Court and take notice and direction out of the Petitions entred with the saide Clerke in what Counties Our Tenaunts died seised of any Lands and of the Lands of Idiots and that the Feodaries accordingly send vp their Certificate of the best improued valew of all the same Lands lying in their said seuerall Counties by the first sitting of the Officers the next Terme following THAT the Feodary doe make his Certificate by view or other speciall information of the best improoued valew with his reasons thereof priuately without giuing knowledge to the Suitor or any for him of any valew intended by him to be certified and without taking any Fee or Reward from the Suitor or any for him for valewing the Lands or personall estate THAT the Feodaries do name in their Certificats the Lands in order one after another as they lye in order in the Office and to set downe in the one Margent of their Certificats the valew in the office and in the other Margent the improoued valew certified to the Officers and the same valuations to be distributed according to the estates found in the Office THAT the Feodarie doe certifie all Coppieholds Leases valew of woods or other personall estate that commeth to the Ward or any immediate possibilitie of any estate of Lands whereby his marriage may be improoued THAT the Feodary shall not mention in his Certificate any thing omitted out of the office against the King to abate the Composition but shall leaue the same to be alledged by the Suitor to be allowed if cause be vpon proofe to be made thereof by them at the Composition THAT the Escheator and Feodary and Commissioners shall prouide that Offices bee not confusedly found by ioyning diuers Mannors and Lands in one grosse value together THAT the Certificates of the Feodarie bee deliuered by the first sitting of the Officers in euery Terme to the Clerke of the Court close sealed vp and so to remaine with the Clerke vnopened vntill the time of Composition And if it be deliuered by the hands of a stranger then he to deliuer it vpon oath according to the vsuall course of the Court in like cases and to be brought by the Clerke vnopened at the Officers sitting there to be opened and vse to bee made of the same THAT the Feodaries doe find Offices at the best value that may appeare vpon search of ancient Offices or other Records if there be no Record then to be found by the Iurie according to Euidence to bee giuen THAT no Office be found within the yeere after the death of the Ancestor against Vs or a meane Tenure of Vs not being Knights seruice for any Ward within age vntill the Feodary or Escheator do first acquaint the Court for further directions therein which the Feodary is inioyned to doe with all conuenient expedition THAT euery Feodary and Eschetor before the third Returne of euery Terme shall certifie into the Court a note of all Offices found in the vacation next before and whether a Tenure be found for Vs in Capite or by Knights seruice the names of the Ancestor and Heire and his age THAT the Clerks of the Pettie Bagge doe file and transcribe all Offices that bee brought to them and not to reiect or suppresse the same and the like course to bee vsed in the Exchequer with Offices that be returned into the Exchequer and that all due Fees bee foorthwith discharged and payd vnto the Clerkes and Officers of the sayd Courts And if any person shall denie or neglect to pay any such due Fees then vpon the petition of the sayd Clerke to the Court of Wards order shall bee taken for their satisfaction THAT no Eschetor shall inforce any man to shew his Euidence vnto himselfe neither shall hee haue any power to discharge the Subiects from finding their Offices THAT all Sales and Compositions for Wardships of the Bodies and Leases of Lands except the cases of Concealements hereafter mentioned and all Commitments of Ideots and custodie of their Estates bee made by the Master and Councell of the same Court openly in the Councell Chamber of the Court of Wards and by such persons as are authorised by Statute in that behalfe Neuerthelesse the Surueyor of the Liueries the Attourney of the Wards Receiuer and Auditors or any foure of them without the Master may treate with any to bring the sayd Wardships and the Leases and the Commitments of Ideots to a price openly in the Councell Chamber of the Court of Wards and acquaint the Master therewith in whose power it shall bee to allow of the same according to the said Statute THAT Leases of Wards Lands except the cases of Concealements hereafter mentioned be made with a small or little Fine and for the best improued yerely Rent that shall be offered consideration being had of all due cautions as aforesayd THAT fellable Woods and Fines of Copiholds of inheritance bee also reasonably valued and demised with the Lands for the best yeerely Rent as aforesaid with prouision for fellable Woods that the Lessees sell them by fit portions THAT Fines of Copieholds for liues bee made and raised to Our vse when and as often as the Court shall thinke good by certaine particular Commissioners to bee appointed by the Master and Councell of Our sayd Court which Commissioners shall bee charged to make the best of such Copieholds to bee granted and truely to answere vnto Vs into Our Receipt of Our sayd Court all such summes without fraud or couin as by them shal haue bin receiued due consideration being had of their pains and expences or els● the same to bee compounded for at the Councell chamber of the Court of Wards as in other cases of compositions THAT the rate and summe agreed vpon by the Commissioners for the composition of any Ward or Lease do stand and bee not abated in the composition neither in the Fine nor Rent THAT no Wardships of the Body or Land except the cases of concealements hereafter mentioned shal be giuen or granted to any person or at his suit by way of reward or benefit but the best price value that shal be offered shal be taken to Our vse So alwayes as the neerest and trustiest Friends or the persons nominated by the Ancestor they seeking the same in time conuenient as aforesayd and making fit offer for it bee preferred and consideration had of the Wardes Estate and of all due circumstances considerable in such Cases THAT no Fine for any concealed Wardship or the Fine of the Lease of any Land be assessed but openly at the Councell Chamber of the Court of Wards by the Master and the Councell at their seuerall sittings THAT no mittigation of any meane rates
valewes and forfeiture of marriage Fines debts or charges be discharged or abated but by the Master and Councell openly at their seuerall sittings THAT not only euery Committee and Lessee but euery Assignee of euery Committee or Lessee except the Cases of Concealements hereafter mentioned shall take the Oath viz. c. And for that purpose euery Committee and Lessee Assignee shall be sworne whether he taketh it to his owne vse or to the vse of any other to the end they may both take the Oath AND furthermore Wee doe hereby require and authorise you that you giue order that euery person that shall prosecute such Composition for the custodie of a Ward Ideot or Lunatique or Lease of their Land or other estate except the Cases of Concealements hereafter mentioned shall before any grant of the body or lease of the Lands bee deliuered vnto him vnder the Scale of Our said Court take his corporall Oath in open Court or by Commission if the cause shall so require before three Commissioners at the least whereof one to be a Iustice of the Peace to be certified and returned into the Court before the deliuery of such graunt or Lease in maner and forme following viz. J. A. B. doe sweare That neither I nor any other to my knowledge haue or hath giuen or promised procured or cōsented to giue or to be giuen any gift or reward directly or indirectly vnto any Officer or Officers of the Court of Wards and Liueries or to any other person or persons whatsoeuer for procuring any preferment to compound before an other or for mitigation in the price or payment in any Composition or Contract made or to be made for the Wardship of the body of I. S. his Maiesties Ward and the Lease of any the saide Wards Lands or for the signing or dispatching of any Grants of them or any of them or for the mitigatiō of the yerely valew of any of the Lands of the said Ward ordinary Fees onely excepted And that I will not giue nor any with my consent shall giue or consent to be giuen any gift or reward directly or indirectly for the causes aforesaid or any of them And that I doe take the saide Wardship to the vse of the said Ward and the saide Lease to the vse of A. B. and not in trust for or to the vse of any other person or persons whatsoeuer So helpe mee God THAT especiall choice be made of the Commissioners that receiue the Oath in the Countrey so that the Oath may bee truely and fully taken by the Committees Lessees and Assignees and the parties committing trust to any other THAT the Oath be taken by those that are Committees or Lessees vpon neglect in hec verba J. A. B. doe sweare that neither J nor any other to my knowledge or as I beleeue or haue heard haue or hath taken any course or vsed any practise or combination directly or indirectly by my selfe or by an other with any person or persons whatsoeuer to stay or hinder the prosecution of and for the Composition for the Wardship of the body of B. C. or the Lease of any of the said Wards lands with any purpose or intent whatsoeuer that the said Wardship and Lease or either of them by such neglect and default of prosecution might come to mee or to any other to my vse or by my meanes or procurement or to my knowledge So helpe me God THAT no Recusant bee admitted to compound or bee Assignee of any Ward of Bodie or Lands or of Ideots THAT all tenders and continuances of Liueries be onely made to the Surueyour of the Liueries who is commanded to take an exact care of Our iust profits therin Wee intending an account of him for that seruice THAT the Feodaries shall make Surueys vpon Liueries in cases of ful age aswel as in cases within age and both according to the reasonable value hauing respect to the improued value BVT touching Lunatiques let no composition bee taken for the committing of them or their Estates but let such care be had therein as they may bee freely committed to their best and neerest friends that can receiue no benefit by their death and the Committees bound to answere not onely the values found by Office but the very iust value of their Estates vpon accompts for the benefit of such Lunatique if hee recouer or of his next Heire Executors or Administrators due regard beeing had to the paines and charges of such Committees in keeping maintaining gouerning and curing of the said distracted persons THAT all the reuenues of the Wards Lands bee immediately payd into the Receipt of the Wards vnto the Receiuer of the same Court by the Farmors and Lessees themselues and shal not bee paid vnto the hands of any other excepting such Rents that bee vnder the value of tenne pounds a veere which are appointed to be paid vnto the Feodaries THAT Petitions or demaunds for any allowance from vs exhibited by the Feodaries or any other for any seruice or disbursments shall not be granted or allowed vntill the same be both particularly examined and allowed by the Master and Councell openly at their seuerall sittings That the Receiuers account bee taken and declared euery yeere according to the Statute of 32. Henr. Octaui before the Master of the Wards Attourney one or both of the Auditors and after the determination of the sayd accompt the Master Attourney and the Auditor or Auditors shall all of them set their hands to the Receiuers booke of Accompts which is and shall be for the Receiuers charge and discharge as the case shall require THAT the Auditors doe ingrosse into Parchment all the said Receiuers accounts according to the expresse time and direction of the Statute of 32. Henrici Octaui and doe yeerely certifie and returne the same so ingrossed with all the Warrants Acquittances and Debenters into the Treasurie of the Court of Wards there to remaine as the Records of the Court according to the Statute and the ancient course of the Court. THAT all the accompts of the Feodaries be likewise declared and certified euery Hillary Terme to the Master and Councell of the Wards openly at the sittings of the Officers in the Councell Chamber that the Court may knowe how the remaines vpon their accompts bee satisfied and paide and their accompts to be accordingly returned into the Court there to remaine AND because Our purpose in this course which now is taken is to raise with as little grieuance as may be to Our louing Subiects that reasonable benefit which ought to come vnto Vs by the Marriages of Our Wards and by their Leases of their Lands whereof a great part hath been diuerted by Grants to Committees and otherwise Wee doe hereby declare that it is not Our meaning to change the course that hath been formerly held and vsed in finding Offices nor to presse the raising or improouing of any values or Rates in any Inquisitions other then as
A COMMISSION WITH INSTRVCTIONS AND DIRECTIONS granted by his Maiestie to the Master and Counsaile of the Court of Wards and Liueries For compounding for Wards Ideots and Lunaticks And giuen vnder His Highnesse great Seale of England The eleuenth day of December 1618. LONDON Printed by BONHAM NORTON and IOHN BILL Printers to the Kings most Excellent Maiestie M.DC.XVIII HONI SOIT QVI MAL Y PENSE ¶ By the King IAMES by the grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To Our right trustie and right welbeloued Councellour WILLIAM Lord Knollys Viscount Wallingford Master of Our Court of Wards and Liueries And to Our trustie and well-beloued the Councell of the same Court And to the Master and Councell of the said Court for the time being Greeting WHEREAS Wee haue heretofore published seuerall Commissions with Instructions and Directions to you Our Master and Councell of Our Court of Wards and Liueries for compounding for Wards Ideots and Lunatiques now that time and experience haue produced the knowledge of sundry defects that otherwise could not easily haue been foreseene which are to bee supplied by explanation and addition to the same Our Instructions according to Our gracious purpose for the good of Our louing Subiects Our especiall care for the true answering of Our Reuenues And forsomuch as it doth appeare by common experience in the course which hath beene helde since the first erection of Our Court of Wards and Liueries That partly by the slackenesse of the Friends of the Wards vpon the decease of the Parents or Ancestours who haue forborne to offer timely Composition sometimes with opinion that no Tytle could be found for Vs and somtimes with purpose to suppresse the same partly by the suite of other men the Custodie of the bodies and lands of Our Wards haue been committed to such persons some for one respect some for another as notwithstanding the care and prouidence of you the Master and Councell of Our Court to bind them in great Bonds and Couenants for the well educating of the Children and preseruation of their Inheritance haue been carelesse of their education married some in meane places committed wastes and spoyles vpon their Lands and in the end haue exacted greater summes of money for the marriages of such Wards then they ought to haue done in reason and equity notwithstanding any their disbursements whatsoeuer for passing or procuring the same And whereas also Wee haue bene informed by you the Master of the saide Court that by reason of the great difficulties that haue bene found by the Court vpon sight of Offices and Surueyes only to set downe Compositions for Wardships and Leases of Wards Lands with such equalitie and moderation betweene Vs and Our Subiects as were iust and reasonable and that through want of due information in that behalfe much of the profit that might haue bene raised for Vs hath bene diuerted to diuers Sutors and Committees who by obscuring the trueth of the Wards estate and by misinforming of the Court therein haue reaped greater profite then was intended if you could by ordinary meanes haue come by the knowledge of their values so as both Wee haue receiued lesse then otherwise We should haue done and the Wards found little ease in many cases Wherefore for the preuenting of these and the like inconueniences and to the end that Our louing Subiects may stand assured that Wee desire nothing more then that their Children and their Lands that shall fall vnto Vs by reason of Wardships might after their decease bee committed to their neerest and trustiest friends or to such as they by Wil or otherwise commit the charge vnto vpon such valuable considerations as are iust and reasonable And to the intent that the Parents and Ancestours may depart in greater peace in hope of this Our gracious fauour and their friendes may see their Children brought vp in pietie and learning and may take such care as is fit for the preseruation of their inheritance if they wil seeke the same in time and by such meanes as are fitte and conuenient Wee haue thought good hereby to require you the Master and Councell of the said Court for the time beeing that in disposing and committing of the custodie of the Bodies and Lands of such Our Wards whose Ancestours are already deceased or shall die from and after the date of these presents and of such Ideots and Lunatiques and their Estates as shall fall vnto Vs from hencefoorth you shal strictly and carefully obserue these Our Directions following FIRST that no Direction for the finding of any Office bee giuen for Wardship of the Body and Lands of any Ward vntill the ende of one moneth next after the death of the Ancestor of the Ward but to the neerest and trustiest friends of the Ward or other persons nominated by the Ancestor in the Wards behalfe who may in the meane time become Suitors for the same among whom choice may be made of the best and fittest and if none of the Wards friends make petition by the end of the moneth then it shall be lawfull for any other to petition and to finde the Office for the said Wardship ALSO That no composition agreement or promise of any Wardship or Lease of Lands bee made vntill the Office bee found and then such of the Friends to haue preferment as tendered their Petitions within the moneth they yeelding a reasonable Composition and in default of them such others as were or shall be Suitors yeelding also a reasonable Composition ALSO You shall doe your best indeuours to informe your selues as perticularly as you may by Commission Suruey or otherwise of the truth of the Wards Estates aswell of his Inheritance as of his Goods and Chattels and of the Estate of the deceased Ancestor and of all other due circumstances considerable to the ende the Compositions may bee such as may stand both with Our reasonable profit and with the abilitie of the heires estate THAT all Petitions for Wardships Ideots and Lunatiques shal be first deliuered to the Clerke of the Court by the Suitor himselfe and the Clerke of the Court is hereby directed to make entry of the same Petitions without any Fee the very day of the deliuery of the same and returne them to the Suitor who shall afterward present the same Petition openly at the Councell Table of the Court of Wards there to be ordered by the Officers at their next sitting THAT euery such Petition doe expresse the seuerall Counties wherein the Ancestors died seised of Lands THAT all Petitioners that haue warrant to finde an Office and appointed to attend at a certaine day if after they finde no Office nor doe not attend before the Officers for their Composition at such time as was appointed then they shall loose the benefit of their Petition and their bond shal be put in Processe sauing they shall be admitted to make their reasonable excuse in any of the
aforesaid Neither will Wee haue the Rents which shall bee reserued vpon such Leases or any such Certificats Informations or Instructions as shall by any meanes be giuen or appeare of the valewes of such Wards Lands or estates to be transcribed or transmitted to any other Court Office place or person or admitted or vsed as President euidence or inducement to charge Our Subiects in any other payments now or hereafter answerable vnto Vs Our Heires or Successors or for any other cause NEVERTHELES Wee are well pleased and contented that if any Wardship Lease of Land Meane rates before or after full age now be or hereafter shal be concealed from Vs and no Suite shall be made within three yeeres next after Our Tenants death for such Wardship or Lease that in such case the Master and Councell of the Court of Wards openly in the Councel-chamber as aforesaid may admit any fit person whatsoeuer that shall make offer to discouer Our right so concealed or sought to be concealed and suppressed vpon good matter or proofe shewed for Vs and approued by the Court to prosecute the finding of an Office and to passe the saide Wardship lease or Meane rates without restraining or binding the said Court or the partie prosecuting according to the Directions aboue mentioned but that the Master and Councel of the said Court may openly in the councel-Chamber as aforsaid according to the parties trauaile expenses aduenture and seruice done vnto Vs reward him by granting such Wardship Lease or Meane rates in such sort as others may be encouraged to employ themselues in the like Seruice And all deuices and practises to deceiue and defraud Vs of Our due and iust Right be better preuented Any thing in these our Instructions or Directions to the contrary notwithstanding PROVIDED alwayes and Wee doe hereby declare it to be Our will and pleasure that where it shall appeare to you that neither Wee nor Our Progenitors haue enioyed any benefit by Wardship Liuery Primer seisen Reliefe Respect of Homage Fines or Meane Rates of any Lands within the space of threescore yeeres last past where such benefite ought to haue come to the Crowne if such Tenure had bene acknowledged In such cases We are pleased to giue power and authoritie to you Our Master and Councell of Our Court openly in the councel-Chamber as aforesaid to remit and release all such Benefit and profit as haue or ought to haue accrued vnto Vs or to Our Progenitors by reason of any such Tenure allowing to such persons as haue prosecuted in Our behalfe such part thereof as shall seeme good in your discretion not exceeding a thirde part of the whole as the same shal be found by inquisition Sauing to Vs Our Heires and Successours the right and inheritance of Our Tenures And sauing Our Prerogatiue and the benefit and profit of such Tenures of Vs or Our Progenitors as doe expresly appeare by matter of Record And also such as haue bene created or otherwise come vnto Vs within the same time of threescore yeeres AND now that We haue so sufficiently directed you as Wee make little doubt but you will bee carefull of Our profit in the execution of your places So neuerthelesse Wee let you know hereby that seeing Our owne iudgement tells Vs that there may fall into your considerations many circumstances which must guide you in assessing the Fines for the marriages of Our Wards and Renting of their Lands some arising either out of the broken estate of the deceased want of prouision for his Wife his great charge of children vnprouided for infirmitie or tendernesse of the Heire vncertainty of the Title or greatnesse of incumbrance vpon the Land so as some Heire that may in respect of his degree blood or liuing in opinion of the world be iudged to deserue a greater Rent or Fine then some other persons more obscure may yet in regard of the causes aboue mentioned or some other of like sort lesse fit to haue any greater charge laid vpon him Wee doe therefore notwithstanding any thing contained in these Our Instructions giue you full libertie that as these or any other the like considerations shall offer themselues vnto you you may vse that good discretion and conscience which is fit openly in the Councell chamber as aforesaid in mittigating or abating the Fines or Rents vpon the said Grants or Leases to the reliefe of such necessities So alwayes as care be taken that by any such pretenses that profit which should accrue vnto Vs be not diuerted to any others that shall seeke to drawe to themselues a priuate benefit out of this Our gracious care and consideration And Our will and pleasure is and Wee doe hereby direct and authorise you the Master and Councell of the sayd Court and the Master and Councell of the same for the time beeing that with the aduice of Our Iudges Assistants of Our sayd Court you diligently examine search out and reforme all fraudulent deuices and practises deuised or to be deuised and put in vre to deceiue and defeate Vs of Our Wardships or Leases of Our Wards Lands or of any due or iust benefit belonging vnto Vs by reason of Our Tenures AND lastly that the Master of the Wardes Surueyour Attourney Receiuer Auditors Clerke of the Court and his Deputie the Clerke of the Liueries and his Deputie and all the Feodaries and the Masters Secretarie and all other Officers and persons imployed in his Maiesties Reuenue of the Wards shall take an expresse oath openly in the Councell chamber of the Court of Wardes in manner and forme following I A. B. doe sweare that neither I nor any other person for me by my appointment knowledge or consent shall take or receiue of any person any gift or reward directly or indirectly for any Composition or preferment or causing any person or persons to be preferred to compound before another or to haue any mittigation in the price or payment in any Composition or contract at any time hereafter to bee made for the Wardship of the bodie or Lease of the Lands of any his Maiesties Wards or for the custody of any his Maiesties Ideots or Lunatikes or their Lands Goods or Chattels or for the signing or dispatching of any Warrant for any Grant of them or any of them excepting ordinary Fees So helpe mee God In witnesse whereof Wee haue caused these Our Letters to bee made Patents Witnesse Ourselfe at Westminster the eleuenth day of December in the sixteenth yeere of Our Reigne of England France and Ireland and of Scotland the two and fiftieth Per ipsum Regem ❧ Imprinted at LONDON by BONHAM NORTON and IOHN BILL Printers to the Kings most Excellent Maiestie ANNO 1618.