WHEREAS Wee haue heretofore publi­shed seuerall Commissions, with Instructi­ons and Directions to you Our Master [Page 2] 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 [Page 3] 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 [Page 4] 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 [Page 5] 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 [Page 6] 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 [Page 7] 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, shalbe 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 [Page 8] time as was appointed, then they shall loose the benefit of their Petition, and their bond shalbe put in Processe, sauing they shall be admitted to make their reasonable excuse in any of the 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 [Page 9] 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 [Page 10] 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 [Page 12] 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, [Page 13] 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 [Page 14] 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) shalbe giuen or gran­ted to any person, or at his suit, by way of reward or benefit, but the best price & va­lue that shalbe offered, shalbe 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 [Page 16] 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 [Page 17] 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, [Page 19] 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 [Page 20] 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 [Page 21] 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 aforesaid: Neither will Wee haue the Rents which [Page 23] 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 [Page 24] 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 [Page 25] 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 shalbe 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 [Page 27] 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 [Page 28] 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, [Page 29] 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 [Page 30] the eleuenth day of De­cember, in the sixteenth yeere of Our Reigne of England, France and Ireland, and of Scotland the two and fiftieth.