A COMMISSION WITH INSTRUCTIONS AND DIRECTIONS, granted by his Majesty to the Master and Counsel of the Court of Wards and Liveries, For compounding for Wards, Idiots, and Lunatics, And given under His highness great Seal of England The eleventh day of December 1618. LONDON, Printed by BONHAM NORTON and JOHN BILL, Printers to the Kings most Excellent Majesty. M.DC.XVIII. royal blazon or coat of arms HONI SOIT QVI MAL Y PENSE ¶ By the King. JAMES, by the grace of GOD King of England, Scotland, France and Ireland, Defender of the Faith, etc. To Our right trusty, and right well-beloved councillor, WILLIAM Lord Knollys, Viscount Wallingford, Master of Our Court of Wards and Liveries, And to Our trusty and well-beloved the Council of the same Court, And to the Master and Council of the said Court for the time being, Greeting. WHEREAS We have heretofore published several Commissions, with Instructions and Directions to you Our Master and Council of Our Court of Wards and Liveries, for compounding for Wards, Idiots and Lunatics, now that time and experience have produced the knowledge of sundry defects, that otherwise could not easily have been foreseen, which are to be supplied by explanation and addition to the same Our Instructions, according to Our gracious purpose for the good of Our loving Subjects, & Our especial care for the true answering of Our Revenues. And forsomuch as it doth appear by common experience, in the course which hath been held since the first erection of Our Court of Wards and Liveries, That partly by the slackness of the Friends of the Wards, upon the decease of the Parents or Ancestors, who have forborn to offer timely Composition, sometimes with opinion, that no Title could be found for Us, and sometimes with purpose to suppress the same, & partly by the suit of other men, the Custody of the bodies and lands of Our Wards, have been committed to such persons, some for one respect, some for another, as (notwithstanding the care and providence of you the Master and Council of Our Court, to bind them in great Bonds and Covenants for the well educating of the Children, and preservation of their Inheritance) have been careless of their education, married some in mean places, committed wastes and spoils upon their Lands, and in the end have exacted greater sums of money for the marriages of such Wards, than they ought to have done in reason and equity; notwithstanding any their disbursements whatsoever for passing or procuring the same. And whereas also We have been informed by you the Master of the said Court, that by reason of the great difficulties that have been found by the Court, upon sight of Offices, and surveys only, to set down Compositions for Wardships and Leases of Wards Lands, with such equality and moderation between Us, and Our Subjects, as were just and reasonable; and that through want of due information in that behalf, much of the profit that might have been raised for Us, hath been diverted to divers Suitors and Committees, who by obscuring the truth of the Wards estate, and by misinforming of the Court therein, have reaped greater profit, than was intended, if you could by ordinary means, have come by the knowledge of their values; so as, both We have received less than otherwise We should have done, and the Wards found little ease in many cases. Wherefore, for the preventing of these and the like inconveniences, and to the end that Our loving Subjects may stand assured, that We desire nothing more, then that their Children and their Lands; that shall fall unto Us by reason of Wardships, might after their decease, be committed to their nearest and trustiest friends, or to such as they, by Will, or otherwise, commit the charge unto, upon such valuable considerations, as are just and reasonable: And to the intent that the Parents and Ancestors may departed in greater peace, in hope of this Our gracious favour; and their friends may see their Children brought up in piety and learning, and may take such care as is fit, for the preservation of their inheritance, if they will seek the same in time, and by such means as are fit and convenient; We have thought good hereby to require you, the Master and Council of the said Court for the time being, that in disposing and committing of the custody of the Bodies and Lands of such Our Wards, whose Ancestors are already deceased, or shall die from and after the date of these presents, and of such Idiots and Lunatics, and their Estates, as shall fall unto Us from henceforth, you shall strictly and carefully observe these Our Directions following. FIRST, that no Direction for the finding of any Office, be given for Wardship of the Body and Lands of any Ward, until the end of one month next after the death of the Ancestor of the Ward, but to the nearest and trustiest friends of the Ward, or other persons nominated by the Ancestor in the Wards behalf, who may in the mean 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 month, than it shall be lawful for any other to petition, and to find the Office for the said Wardship. ALSO, That no composition, agreement or promise of any Wardship, or Lease of Lands be made, until the Office be found, and then such of the Friends to have preferment, as tendered their Petitions within the month, they yielding a reasonable Composition; and in default of them, such others as were or shall be Suitors, yielding also a reasonable Composition. ALSO, You shall do your best endeavours to inform yourselves as particularly as you may, by Commission, Survey 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 end the Compositions may be such as may stand both with Our reasonable profit, and with the ability of the heirs estate. THAT all Petitions for Wardships, Idiots and Lunatics, shallbe first delivered to the Clerk of the Court, by the Suitor himself, and the Clerk of the Court is hereby directed to make entry of the same Petitions without any Fee, the very day of the delivery of the same, and return them to the Suitor, who shall afterward present the same Petition openly at the Council Table of the Court of Wards, there to be ordered by the Officers at their next sitting. THAT every such Petition do express the several Counties, wherein the Ancestors died seized of Lands. THAT all Petitioners that have warrant to find an Office, and appointed to attend at a certain day, if after they find no Office, nor do not attend before the Officers for their Composition, at such time as was appointed, than they shall lose the benefit of their Petition, and their bond shallbe put in Process, saving they shall be admitted to make their reasonable excuse in any of the foresaid Cases. THAT every Feodary do appoint some certain person and place in London, whither the Court may send directions to be conveyed to the Feodaries continually for Our service. THAT every Feodary at the end of every Term, attend the Clerk of the Court, and take notice and direction out of the Petitions entered with the said Clerk, in what Counties Our Tenants died seized of any Lands, and of the Lands of Idiots, and that the Feodaries accordingly send up their Certificate of the best improved value of all the same Lands, lying in their said several Counties, by the first sitting of the Officers the next Term following. THAT the Feodary do make his Certificate by view or other special information of the best improved value, with his reasons thereof privately without giving knowledge to the Suitor, or any for him of any value intended by him to be certified, and without taking any Fee or Reward from the Suitor, or any for him for valueing the Lands or personal estate. THAT the Feodaries do name in their certificates, the Lands in order one after another, as they lie in order in the Office, and to set down in the one Margin of their certificates, the value in the office, and in the other Margin the improved value certified to the Officers, and the same valuations to be distributed according to the estates found in the Office. THAT the feodary do certify all Coppieholds, Leases, value of woods, or other personal estate that cometh to the Ward, or any immediate possibility of any estate of Lands, whereby his marriage may be improved. 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 leave the same to be alleged by the Suitor to be allowed (if cause be) upon proof to be made thereof by them at the Composition. THAT the Escheator, and Feodary, and Commissioners shall provide, that Offices be not confusedly found, by joining divers Manors and Lands in one gross value together. THAT the Certificates of the feodary be delivered by the first sitting of the Officers in every Term, to the Clerk of the Court, close sealed up, and so to remain with the Clerk unopened, until the time of Composition: And if it be delivered by the hands of a stranger, than he to deliver it upon oath, according to the usual course of the Court in like cases, and to be brought by the Clerk unopened, at the Officers sitting there to be opened, and use to be made of the same. THAT the Feodaries do find Offices at the best value that may appear upon search of ancient Offices, or other Records; if there be no Record, then to be found by the jury, according to Evidence to be given. THAT no Office be found within the year after the death of the Ancestor against Us or a mean Tenure of Us (not being Knight's service) for any Ward within age, until the Feodary or Escheator do first acquaint the Court for further directions therein, which the Feodary is enjoined to do with all convenient expedition. THAT every Feodary and escheator, before the third Return of every Term, shall certify into the Court, a note of all Offices found in the vacation next before, and whether a Tenure be found for Us in Capite or by Knight's service, & the names of the Ancestor and Heir, and his age. THAT the Clerks of the Petty Bag, do file and transcribe all Offices that be brought to them, and not to reject or suppress the same, and the like course to be used in the Exchequer with Offices that be returned into the Exchequer; and that all due Fees be forthwith discharged and paid unto the Clerks and Officers of the said Courts: And if any person shall deny or neglect to pay any such due Fees, then upon the petition of the said Clerk to the Court of Wards, order shall be taken for their satisfaction. THAT no escheator shall enforce any man to show his Evidence unto himself, neither shall he have any power to discharge the Subjects from finding their Offices. THAT all Sales and Compositions for Wardships of the Bodies, and Leases of Lands, (except the cases of Concealments hereafter mentioned) and all Commitments of Idiots, and custody of their Estates be made by the Master and Council of the same Court, openly in the Council Chamber of the Court of Wards, and by such persons as are authorized by Statute in that behalf. Nevertheless, the Surveyor of the Liveries, the Attorney of the Wards, Receiver and Auditors, or any four of them, without the Master, may treat with any to bring the said Wardships, and the Leases, and the Commitments of Idiots to a price, openly in the Council Chamber of the Court of Wards, and acquaint the Master therewith; in whose power it shall be to allow of the same, according to the said Statute. THAT Leases of Wards Lands (except the cases of Concealments hereafter mentioned) be made with a small or little Fine, and for the best improved yearly Rend that shall be offered, consideration being had of all due cautions, as aforesaid. THAT fellable Woods, and Fines of Copyholds of inheritance be also reasonably valued and demised with the Lands, for the best yearly Rent, as aforesaid, with provision for fellable Woods, that the Lessees sell them by fit portions. THAT Fines of Copieholds for lives be made and raised to Our use, when, and as often as the Court shall think good, by certain particular Commissioners, to be appointed by the Master and Council of Our said Court; which Commissioners shall be charged to make the best of such Copieholds to be granted, and truly to answer unto Us into Our Receipt of Our said Court, all such sums, without fraud or covin, as by them shall have been received, due consideration being had of their pains and expenses, or els● the same to be compounded for at the Council chamber of the Court of Wards, as in other cases of compositions. THAT the rate and sum agreed upon by the Commissioners for the composition of any Ward or Lease, do stand, and be not abated in the composition, neither in the Fine nor Rent. THAT no Wardships of the Body or Land (except the cases of concealments hereafter mentioned) shallbe given or granted to any person, or at his suit, by way of reward or benefit, but the best price & value that shallbe offered, shallbe taken to Our use; So always as the nearest and trustiest Friends, or the persons nominated by the Ancestor (they seeking the same in time convenient, as aforesaid, and making fit offer for it) be preferred, and consideration had of the Wards 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 Council Chamber of the Court of Wards, by the Master and the Council at their several sit. THAT no mitigation of any mean rates, values and forfeiture of marriage, Fines, debts or charges be discharged or abated, but by the Master and Council openly at their several sit. THAT not only every Committee and Lessee, but every Assignee of every Committee or Lessee (except the Cases of Concealments hereafter mentioned) shall take the Oath, viz. etc. And for that purpose every Committee, and Lessee, & Assignee, shall be sworn whether he taketh it to his own use, or to the use of any other, to the end they may both take the Oath. AND furthermore, We do hereby require and authorize you, that you give order, that every person that shall prosecute such Composition for the custody of a Ward, Idiot, or Lunatic, or Lease of their Land, or other estate (except the Cases of Concealments hereafter mentioned) shall before any grant of the body, or lease of the Lands, be delivered unto him under the Scale of Our said Court, take his corporal Oath in open Court, or by Commission (if the cause shall so require) before three Commissioners at the least, whereof one to be a justice of the Peace, to be certified and returned into the Court, before the delivery of such grant or Lease, in manner and form following, viz. J. A. B. do swear, That neither I, nor any other to my knowledge, have or hath given, or promised, procured or consented to give or to be given any gift or reward, directly or indirectly, unto any Officer or Officers of the Court of Wards and Liveries, or to any other person or persons whatsoever, 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 majesties Ward, and the Lease of any the said Wards Lands, or for the signing or dispatching of any Grants of them, or any of them, or for the mitigation of the yearly value of any of the Lands of the said Ward (ordinary Fees only excepted,) And that I will not give, nor any with my consent shall give, or consent to be given any gift or reward, directly or indirectly for the causes aforesaid, or any of them; And that I do take the said Wardship to the use of the said Ward, and the said Lease to the use of A. B. and not in trust for or to the use of any other person or persons whatsoever; So help me God. THAT especial choice be made of the Commissioners that receive the Oath in the Country, so that the Oath may be truly 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 upon neglect in hec verba. J. A. B. do swear, that neither I, nor any other to my knowledge, or as I believe or have heard, have or hath taken any course, or used any practice or combination directly or indirectly, by myself or by an other, with any person or persons whatsoever, 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 whatsoever, that the said Wardship and Lease, or either of them, by such neglect and default of prosecution, might come to me, or to any other to my use, or by my means or procurement, or to my knowledge; So help me God. THAT no Recusant be admitted to compound, or be Assignee of any Ward of Body or Lands, or of Idiots. THAT all tenders and continuances of Liveries, be only made to the Surveyor of the Liveries, who is commanded to take an exact care of Our just profits therein, We intending an account of him for that service. THAT the Feodaries shall make surveys upon Liveries, in cases of full age, aswell as in cases within age; and both according to the reasonable value, having respect to the improved value. BUT touching Lunatics, let no composition be taken for the committing of them or their Estates; but let such care be had therein, as they may be freely committed to their best and nearest friends, that can receive no benefit by their death, and the Committees bound to answer, not only the values found by Office, but the very just value of their Estates upon accounts, for the benefit of such Lunatic, (if he recover) or of his next Heir, Executors or Administrators, due regard being had to the pains and charges of such Committees, in keeping, maintaining governing, and curing of the said distracted persons. THAT all the revenues of the Wards Lands be immediately paid into the Receipt of the Wards, unto the Receiver of the same Court, by the Farmers and Lessees themselves, and shall not be paid unto the hands of any other (excepting such Rents that be under the value of ten pounds a veer, which are appointed to be paid unto the Feodaries. THAT Petitions or demands for any allowance from us exhibited by the Feodaries, or any other, for any service or disbursements shall not be granted or allowed until the same be both particularly examined and allowed by the Master and Council openly at their several sit. That the Receivers account be taken and declared every year, according to the Statute of 32. Henr. Octavi, before the Master of the Wards, Attorney, & one or both of the Auditors; and after the determination of the said account, the Master, Attorney, and the Auditor or Auditors, shall all of them set their hands to the Receivers book of Accounts, which is and shall be for the Receivers charge and discharge, as the case shall require. THAT the Auditors do engross into Parchment all the said Receivers accounts, according to the express time and direction of the Statute of 32. Henrici Octavi, and do yearly certify and return the same so engrossed, with all the Warrants, Acquittances and Debenters into the Treasury of the Court of Wards, there to remain as the Records of the Court, according to the Statute, and the ancient course of the Court. THAT all the accounts of the Feodaries be likewise declared and certified every Hillary Term, to the Master and Council of the Wards, openly at the sit of the Officers in the Council Chamber, that the Court may know how the remains upon their accounts be satisfied and paid, and their accounts to be accordingly returned into the Court, there to remain. AND because Our purpose in this course, which now is taken, is to raise with as little grievance as may be to Our loving Subjects, that reasonable benefit which ought to come unto Us, by the Marriages of Our Wards, and by their Leases of their Lands, whereof a great part hath been diverted by Grants to Committees, and otherwise: We do hereby declare, that it is not Our meaning to change the course that hath been formerly held and used in finding Offices; nor to press the raising or improving of any values or Rates in any Inquisitions, other than as aforesaid: Neither will We have the Rents which shall be reserved upon such Leases, or any such certificates, Informations or Instructions, as shall by any means be given or appear of the values of such Wards Lands or estates, to be transcribed, or transmitted to any other Court, Office, place or person; or admitted or used as Precedent, evidence or inducement, to charge Our Subjects in any other payments now, or hereafter answerable unto Us, Our Heirs or Successors, or for any other cause. NEVERTHELESS, We are well pleased and contented, that if any Wardship, Lease of Land, Mean rates before or after full age, now be, or hereafter shall be concealed from Us, and no Suit shall be made within three years next after Our Tenant's death, for such Wardship or Lease; that in such case the Master and Council of the Court of Wards, openly in the Councel-chamber, as aforesaid, may admit any fit person whatsoever, that shall make offer to discover Our right so concealed, or sought to be concealed and suppressed, upon good matter or proof, showed for Us and approved by the Court, to prosecute the finding of an Office, and to pass the said Wardship, lease or Mean rates, without restraining or binding the said Court, or the party prosecuting, according to the Directions above mentioned, but that the Master and Council of the said Court, may openly in the councel-Chamber, as aforesaid, according to the party's travail, expenses, adventure and service done unto Us, reward him, by granting such Wardship, Lease, or Mean rates, in such sort as others may be encouraged to employ themselves in the like Service; And all devices and practices to deceive and defraud Us of Our due and just Right, be better prevented; Any thing in these our Instructions or Directions to the contrary notwithstanding. PROVIDED always, and We do hereby declare it to be Our will and pleasure, that where it shall appear to you, that neither We nor Our Progenitors, have enjoyed any benefit by Wardship, Livery, Primer seizin, Relief, Respect of Homage, Fines or Mean Rates of any Lands within the space of threescore years last passed, where such benefit ought to have come to the Crown, if such Tenure had been acknowledged: In such cases We are pleased to give power and authority to you Our Master and Council of Our Court, openly in the councel-Chamber, as aforesaid, to remit and release all such Benefit and profit, as have or aught to have accrued unto Us, or to Our Progenitors, by reason of any such Tenure, allowing to such persons as have prosecuted in Our behalf, such part thereof as shall seem good in your discretion, not exceeding a third part of the whole, as the same shallbe found by inquisition; Saving to Us, Our Heirs and Successors, the right and inheritance of Our Tenors; And saving Our Prerogative, and the benefit and profit of such Tenors of Us, or Our Progenitors, as do expressly appear by matter of Record; And also such as have been created, or otherwise come unto Us within the same time of threescore years. AND now that We have so sufficiently directed you, as We make little doubt but you will be careful of Our profit in the execution of your places; So nevertheless, We let you know hereby, that seeing Our own judgement tells Us, 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 provision for his Wife, his great charge of children unprovided for, infirmity or tenderness of the Heir, uncertainty of the Title, or greatness of encumbrance upon the Land, so as some Heir, that may in respect of his degree, blood, or living, in opinion of the world be judged to deserve a greater Rent or Fine, than some other persons more obscure may, yet in regard of the causes above mentioned, or some other of like sort, less fit to have any greater charge laid upon him: We do therefore, notwithstanding any thing contained in these Our Instructions, give you full liberty, that as these, or any other the like considerations, shall offer themselves unto you, you may use that good discretion and conscience which is fit, openly in the Council chamber, as aforesaid, in mitigating or abating the Fines or Rents upon the said Grants or Leases, to the relief of such necessities; So always as care be taken, that by any such pretences, that profit which should accrue unto Us, be not diverted to any others that shall seek to draw to themselves a private benefit out of this Our gracious care and consideration. And Our will and pleasure is, and We do hereby direct and authorize you the Master and Council of the said Court, and the Master and Council of the same for the time being, that with the advice of Our judges, Assistants of Our said Court, you diligently examine, search out, and reform all fraudulent devices and practices, devised or to be devised and put in ure, to deceive and defeat Us of Our Wardships, or Leases of Our Wards Lands, or of any due or just benefit belonging unto Us, by reason of Our Tenors. AND lastly, that the Master of the Wards, Surueyour, Attorney, Receiver, Auditors, Clerk of the Court, and his Deputy, the Clerk of the Liveries and his Deputy, and all the Feodaries, and the Master's Secretary, and all other Officers, and persons employed in his majesties Revenue of the Wards, shall take an express oath, openly in the Council chamber of the Court of Wards, in manner and form following. I, A. B. do swear, that neither I, nor any other person for me by my appointment, knowledge or consent, shall take or receive 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 have any mitigation in the price, or payment in any Composition or contract, at any time hereafter to be made for the Wardship of the body, or Lease of the Lands of any his majesties Wards, or for the custody of any his majesties Idiots, or lunatics, 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 help me God. In witness whereof We have caused these Our Letters to be made Patents. Witness Ourself at Westminster the eleventh day of December, in the sixteenth year of Our Reign of England, France and Ireland, and of Scotland the two and fiftieth. Per ipsum Regem. ❧ Imprinted at LONDON by BONHAM NORTON and JOHN BILL, Printers to the Kings most Excellent Majesty. ANNO 1618.