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 Highnesse great seal of England the 21. of August. 1622. LONDON, Printed by BONHAM NORTON and John BILL, Printers to the Kings most Excellent majesty. M. DC. XXII. 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, &c. To Our right trusty, and right well-beloved counsellor, LIONEL Lord Cranfield, Our high Treasurer of England, 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 Wee haue hereto fore 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 haue produced the knowledge of sundry defects, that otherwise could not easily haue been foreseen, which are to be supplied by alteration of some points of the same Our Instructions, according to Our gracious purpose for the good of Our loving Subiects, and Our especial care for the true answering of Our revenues: And forasmuch 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, vpon the decease of the Parents or ancestors, who haue forborn to offer timely composition, sometimes with opinion, That no Title could be found for us, and sometimes with purpose to suppress the same, and partly by the svit of other men, the Custody 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 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) haue been careless of their education, married some in mean places, committed wasts & spoils vpon their Lands, and in the end haue exacted greater sums of money for the marriages of such Wards, then they ought to haue done in reason and equity; notwithstanding any their disbursements whatsoever, for passing or procuring the same. And whereas also We haue been informed by you the Master of the said Court, that by reason of the great difficulties that haue been found by the Court, vpon sight of Offices, and Surueys only, to set down Compositions for Wardships and Leases of Wards Lands, with such equality and moderation between us, and Our Subiects, as were just and reasonable; and that through want of due information in that behalf, much of the profit that might haue been raised for us, hath been diverted to diuers suitors and Committees, who by obscuring the truth of the Wards estate, and by misinforming of the Court therein, haue reaped greater profit, then was intended, if you could by ordinary means haue come by the knowledge of their valves; so as, both We haue received less then otherwise We should haue done, and the wards found little ease in many cases. Wherfore, for the preventing of these and the like inconveniences, and to the end that Our loving Subiects may stand assured, that Wee desire nothing more, then that their Children and their Lands, that shall fall unto us by reason of Wardships, might after their decease, bee committed to their nearest and trustiest friends, or to such as they, by will, or otherwise, commit the charge unto, vpon such valuable considerations, as are just and reasonable: And to the intent that the Parents and ancestors may depart 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; and that We may be truly answered, from time to time, all such profit as shal be made thereof; We haue 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, & the revenue thereof, that shall appertain to us, you shall strictly and carefully observe these Our Directions following. FIRST, that no direction for the finding of any Office, bee 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, then it shall be lawful for any other to petition, and to find the Office for the Wardship. 2 ALSO, that no composition, agreement, or promise of any Wardship, or Lease of Lands bee made, until the Office bee found, and then such of the friends to haue preferment, as tendered their Petitions withiin the month, they yielding a reasonable Composition; and in default of them, such others as were or shalbe suitors yielding also a reasonable Composition. 3 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, as well of his Inheritance, as of his Goods and Chattels, and of the estate of the deceased Ancestors, & of all other due circumstances considerable, to the end the Compositions may bee such as may stand both with our reasonable profit; and with the ability of the heires estate. 4 THAT all Petitions for Wardships, idiots and lunatics, shal be first delivered to the Master of the Court of Wards and liveries, that the Master( if he shall think fit) may forthwith give direction vpon the same Petition, for finding the Office and returning thereof: And the Masters Secretary shall make entry thereof, and of the very day the same is delivered, and return the same Petition back to the Suitor, who shall enter the same with the clerk of the Court, who is to enter it without fee, and the party to take ●o benefit by the said direction, until he ●ath entred the said Petition with the clerk: and the clerk of the Court is to acquaint all the rest of the counsel therwith at their next sittings: and the Suitor to attend, at the time prefixed by the Master openly, at the counsel table of the Court of Wards and liveries, there to compound with the Master and counsel of the said Court for the Wardship of the body and Lands, or otherwise to be ordered there, as shall bee thought fit by the said Master and counsel, and as the Statute ordaineth. 5 THAT every such Petition do express the several Counties, wherein the Ancestors died seized of Lands. 6 THAT all Petitioners who haue warrant to find an Office, & 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, then they shall lose the benefit of their Petition, and their bond shalbe put in process, and it shalbe in the power of the Master and counsel of the same Court to grant the same to any other that shall Petition for the same the same; grant to be subject to the order of the said Court. 7 THAT every Feodary do appoint some certain person and place in London, whither the Court may sand directions to be conveyed to the Feodaries continually for Our service. 8 THAT the Feodaries shall repair to the clerk of the said Court, or to the Masters Secretary, at the end of every term, and take notice and direction out of the said Petitions, entred with the said clerk and Masters Secretary, in what Counties Our Tenants died seized of any Lands, & of the Lands of idiots, & that the Feodaries accordingly sand up their Certificate of the best improved value of all the said Lands, lying in their said several Counties, by the first sitting of the Officers, the next term following, for which no fee shall be paid. 9 THAT the Feoday do make his Certificate by view, or other special information, of the best improoued value, with his reasons thereof privately, without giuing 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 valewing the Lands or personal estate. 10 THAT the Feodaries do name in their Certificates, the Lands in order one after another, as they lye in order in the Office, and to set down in the one margin of their Certificates, the value found in the Office, and in the other margin the improoued value certified to the Officers, and the same valuations to bee distributed according to the estates found in the Office. 11 THAT the Feodarie do certify all Coppiehold 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. 12 THAT the Feodary shal 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) vpon proof to bee made therof by them at the Composition. 13 THAT the Eschetour and Feodary and Commissioners shall provide, that Offices be not confusedly found, by joining diverse manours and Lands in one gross value together. 14 THAT the Certificates of the Feodaries 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 next sitting of the Master and counsel after the receipt thereof; and then to be opened, to the end the Master and counsel may inform themselves of the true estate of the Ward, against the time of Composition; And if it be delivered by the hands of a stranger, then he to deliver it vpon oath, according to the usual course of the Court in like cases. 15 THAT the Feodaries do find Offices at the best value that may appear vpon search of ancient Offices, or other Records; if there bee no Records, then to bee found by the jury, according to evidence to be given, and in case of surueyes, that they do not certify any value less then appears, by any Record, Sithence the erection of the Court without mentioning the cause of abatement, leaving the proof thereof to bee determined by the Court. 16 THAT no Office bee found within the year after the death of the Ancestor against us, or a mean tenor of us( not being Knights 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. 17 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 tenor bee found for us in Capite, or by Knights service, and the names of the Ancestor and heir, and his age; and the clerk of the Court shall certify the same to the auditors, before the beginning of the next term following. 18 THAT the Clerks of the Petty bag, do file and transcribe all Offices that bee brought to them, and not to reject or suppress the same, and the like course to bee used in the Exchequer with Offices that bee 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 neglect or deny to pay any such due Fees, then vpon the petition of the said clerk to the Court of Wards, order shall be taken for their satisfaction. 19 THAT no Escheatour shall enforce any man to show his evidence unto himself, ne●ther shall he haue any power to discharge the Subiects from finding their Offices. 20 THAT all Sales and Compositions for Wardships of the Bodies, and Leases of Lands,( except the cases for concealments) and all commitments of idiots, and custody of their estates bee 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 or disallow of the same, according to the said Statute. 21 THAT Leases of wards Lands( except the cases of concealments) bee made with little or no fine, and for the best improoued yearly rent that shall be offered, consideration being had of all due cautions, as aforesaid. 22 THAT fellable Woods, and Fines of Copy-holds of inheritance, be also reasonably valued and demised with the Land, for the best yearly Rent, as aforesaid, with provision for fellable Woods, that the Lessees fell them by fit portions. 23 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 bee charged to make the best of such Copieholds to bee 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 haue been received, due consideration being had of their pains and expenses, or else the same to be compounded for at the council chamber of the Court of Wards, as in other cases of compositions. 24 THAT the ranted sum agreed vpon by the Commissioners for the composition of any Ward or Lease, do stand, and not be abated in the composition, neither in the Fine nor Rent. 25 THAT no Wardships of the Body or Land( except the cases of concealments) shall bee given or granted to any person, or at his suite, by way of reward or benefit, but the best price and value that shall be offered, shall be 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. 26 THAT no mitigation of any mean rates, valewes and forfeitures of marriage, Fines, bonds, debts or charges be discharged or abated, but by the Master and council openly at their several sittings. 27 THAT not only every Committee and Lessee, but every Assignee of every Committee or Lessee( except the Cases of concealments) shall take the Oath, viz. &c. And for that purpose every Committee, Lessee, and Assignee, shall bee 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. 28 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 case of concealments) shall before any grant of the body, or l●ase of the Land, bee delivered unto him under the seal of Our said Court, take his corporal oath in open Court, or by Commission( if the case 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 delivery of such grant or Lease) in maner and form following, viz. 29 J, A. B do swear, That neither I, nor any other to my knowledge, haue, 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 bee made for the Wardship of the body of IS his majesties Ward, and the Lease of any the said Wards Lands, or for the signing or dispathing 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 onely excepted,) And that I will not give, nor any with my consent shall give, or consent to bee given any gift or reward, directly or indirectly for the causes aforesaid, or any of them; And 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. 30 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. 31 THAT the Oath bee taken by those that are Committees or Lessees vpon neglect in haec verba. 32 J A. B. do swear, that neither J, nor any other to my knowledge, or as I beleeue, or haue heard, haue, or hath taken any course, or used any practise 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 the said Wards Lands, with any purpose or intent whatsoever, that the said Wardship and Lease, or either of them, by such negect or 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. 33 THAT no Recusant bee admitted to compound, or be Assignee of any Ward of body or lands or of idiots. 34 THAT all rents of Wards lands be reserved to bee paid either to the receiver of the Court of Wards and liveries, or to the several Feodaries of the several Counties where the Lands do lye, according as the Master in his wisdom and discretion shall think fit. 35 THAT all tenders and continuances bee first made with the Master of the Wards and liveries, and after with the surveyor of the liveries, and that no improouement of fee be taken by either of them, but the ancient fee for the said tenders. 36 THAT the Feodaries shall make Surueyes vpon liveries, in cases of full age, as well as in cases within age, and both according to the reasonable value, having respect to the improoued value; and that the value so certified by survey shalbe considered of openly at the counsel Table of the Court of wards and liveries by the Master and counsel at their sittings, before the livery shall; and in no case to certify under the value, that shall appear vpon any Record. 37 but touching Lunatikes, let no composition be taken for the committing of them or their estates; but let such care be had therein, as that 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 onely the valves found by Office, but the very just value of their estates vpon 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.) 38 THAT the Petitions or demands for any allowance from us exhibited by the Feodaries, or any other, for any service or disbursements shall be examined or allowed by the Master of the wards alone, as anciently was used. 39 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, or 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 bee for the receivers charge and discharge, as the case shall require. 40 THAT the Auditors do engross into parchment al the receivers accounts, according to the express time and direction of the Statute of 32. Henrici octavi, and do yearly certify and return the same engrossed, with all the Warrants, Acquittances & Debenturs 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. 41 THAT all the accounts of the Feodaries be declared and certified every hilary term, to the Master and council of the Wards, openly at the counsel Table, that the Court may know how the remaines vpon their accounts be satisfied and paid, and their accounts to be accordingly returned into the Court, there to remain. 42 AND because Our purpose in this course, which now is taken, is to raise( with as little grievance as may be to our loving Subiects) 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; Wee 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 improouing of any valves or Rates in any Inquisitions, other then as aforesaid: Neither will Wee haue the Rents, which shall be reserved vpon such Leases, or any such Certificates, Informations or Instructions, as shall by any means be given or appear of the valves of such wards Lands or estates, to bee transcribed, or transmitted to any other Court, Office, place or person; or admitted or used as President, evidence or inducement, to charge Our Subiects in any other payments now, or hereafter answerable unto us, Our Heires or successors. 43 nevertheless, Wee are well pleased and contented, that if any Wardship, Lease of Lands, mean rates, before or after full age, now bee, or hereafter shall be concealed from us, and no Suite shall be made within one year next after Our Tenants death, for such Wardship or Lease, that in such case the Master of Our Court of Wards, may admit any fit person whatsoever, that shall make offer to discover Our right so concealed, or fought to be concealed & suppressed, vpon good matter or proof, shewed for us, and approved by the said Master, to prosecute the finding of an Office, and to pass the said Wardship, Lease or mean rates, without restraining or binding the said Master, or the party prosecuting, according to the Directions above mentioned, but that the Master may according to the parties 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. 44 PROVIDED always, and Wee do hereby declare it to bee Our will and pleasure, that where it shall appear to you, that neither Wee nor Our progenitors haue enjoyed any benefit by Wardship, livery, Primer seizing, relief, Respect of Homage, Fines, or mean rates of any Lands, within the space of threescore yeeres last past, where such benefit ought to haue come to the crown, if such tenor 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 haue or ought to haue accrued unto us, or to Our progenitors, by reason of any such tenor, allowing to such persons as haue prosecuted in Our behalf, such part thereof as shall seem good in your discretion, saving to us, Our Heires and successors, the right and inheritance of Our tenors; And saving Our prerogative, and benefit, and profit of such tenors of us, or Our Progenitors, as do expressly appear by matter of Record; And also such as haue been created, or otherwise come unto us within the same time of threescore yeeres. 45 AND where Wee are informed by you the Master of Our said Court, that the bonds for the performance of covenants, made as well unto us vpon the grants of Wards, idiots and lunatics, and their estates, as unto the Wards, idiots and Lunatikes themselves, do remain in Our said Court of Wards and liveries, & haue not at any time heretofore been delivered up unto the said grantees, notwithstanding they haue truly performed their covenants, which is a great discouragement to men of sufficiency to become Grantees in such cases, when as their estates shall become so perpetually charged: Wee therefore in Our Princely care of such our loving subiects as haue been heretofore so bound, or that hereafter shall become bound in any such bonds, are well pleased and contented, that you the said Master and counsel of the said Court, for the time being, shall give direction at all times hereafter vpon the desire of such Grantees, their Heires Executors Administrators or assigns, to deliver up all such bonds to bee canceled, unless within two yeeres after the estates of such Grantees ended, there shall appear unto you the said Master and counsel of the said Court, that there is good cause to detain the said bonds. 46 And also that the Master of the afterwards, surveyor, attorney, receiver, auditors, clerk of the Court, and his Deputy, clerk of the liveries and his Deputy, and all the Feodaries and the Masters Secretary, and all other Officers and persons employed in his majesties revenue of the afterwards, shall take an express oath openly in the counsel chamber of the Court of afterwards, in manner and form following. 47 I, A. B. do swear, that neither J, 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 haue 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 lunatickes, 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. 48 THAT the clerk of the Wards, and of the liveries, mention the date of all fines ranted, and the times of payments, and deliver the bonds to the receiver, and make a Certificate of the said fines, times of payment and bonds, with the parties bound, and their dwellings, to the auditors, within twenty dayes after the end of every term, and certify them also what is to be paid in hand without bond, and also certify the Rent reserved vpon every Lease. 49 THAT opposals of Sheriffes bee effectually performed every term, and that immediately after the opposals they pay in the money that they haue collected, or shall bee imposed vpon them by the Court vpon their opposals. 50 THAT the clerk of the Wardes do certify the auditors all Fines and amerciaments, imposed vpon any Sheriffs, or others, within twenty dayes after the end of every term. 51 AND now that We haue so sufficiently directed you, as Wee make little doubt but you will bee careful of Our profit in the execution of your places; So nevertheless, we let you know hereby, that seeing Our own iudgement tells us, that there may fall into your considerations many circumstances, which must guide you in assessing the Fines for the marriages of Our afterwards, 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 vpon the Lands, so as some heir, that may in respect of his degree, blood, or living, in opinion of the world bee judged to deserve a greater Rent or Fine, then some other persons more obscure may, yet in regard of the causes above mentioned, or some other of like sort, less fit to haue any greater charge laid vpon 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 counsel chamber, as aforesaid, in mitigating or abating the Fines or Rents vpon the said grants or Leases, to the relief of such necessities; So always as care bee 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 Wee do hereby direct and authorize you the Master and counsel of the said Court, and Master and counsel of the same for the time being, that with advice of Our Iudges, Assistants of Our said Court, you diligently examine, search out, and reform all fraudulent devices and practices, devised or to bee devised and put in use, to deceive and defeat us of Our wardships, or Leases, of Our Wards lands, or of any due or just benefit belonging to us, by reason of Our tenors. In witness whereof, we haue caused these Our Letters to be made Patents. witness ourself at Westminster the one and twentieth day of August, in the twentieth year of Our reign of England, France, and Ireland, and of Scotland the six and fiftieth. Per Breue de privato Sigillo. LONDON, ¶ Printed by BONHAM NORTON and John BILL, Printers to the Kings most Excellent majesty. M. DC. XXII.