¶ By the King.
A Commission with 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 Highnes great Seale of England, The 23. of February 1617.
WHEREAS it doth appeare by cōmon experience, in the course which hath bin held, sithence the first erection of Our Court of Wards and Liueries, That partly by the slackenes of the friends of the Wards vpon the decease of the parents or Ancestors, who haue forborne to offer timely Composition, sometimes with opinion that no Title could be found for Vs, and sometimes with purpose to suppresse the same, and partly by the suite of other men, the Custody of the bodies and lands of Our Wards haue bene 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 binde them in great Bonds and Couenants for the well educating of the Children, and pre [...] of their inheritance) haue bene carelesse of their education, married some in meane places, committed wasts and spoiles vpon [...] lands, and in the end haue exacted greater summes of money, for the marriages of such Wards, then they ought to haue done, in [...] and equitie; notwithstanding any their disbursements whatsoeuer for passing or procuring the same.
[...] whereas also We haue bene informed by you the Master of the said Court, that by reason of the great difficulties that haue bene [...] by the Court, vpon sight of Offices, and Surucyes onely, to set downe Compositions for Wardships and Leases of Wards lands, [...] such equalitie and moderation betweene Vs, and Our Subiects, as were iust and reasonable; and that through want of due information that behalfe, much of the profit that might haue bene raised for Vs, hath bene diuerted to diuers Sutors and Committees, who by [...]i [...]g the trueth of the Wards estate, and by misinforming of the Court therein, haue reaped greater profit, then was intended, if you [...] [...]y ordinary meanes haue come by the knowledge of their values; so as, both Wee haue receiued lesse then otherwise We should [...], and the Wardes found little ease in many cases.
[...]refore, for the preuenting of these and the like inconueniences, and to the end that Our louing Subiects may stand assured, That [...] nothing more, then that their children and their lands that shall fall vnto Vs by reason of Wardships, might after their decease, [...] [...]ted to their neerest and trustiest friends, or to such as they be VVil, or otherwise, shall commit the charge vnto, vpon such valu [...] [...]iderations, as are iust and reasonable: And to the intent that the Parents and Ancestours may depart in greater peace, in hope of [...] gracious fauour; and their friends may see their children brought vp in pietie and learning; and may take such care as is fit for [...]uation of their inheritance, if they will seeke the same in time, and by such meanes as are fit and conuenient; VVe haue thought [...]by to require you, the Master and Councell of Our said Cour, and the Master and Councel of the said Court for the time being, [...]posing and committing of the Custody of the bodies and Lands of such our Wards, whose Ancestours haue deceased since Ia [...] past, or shall die from and after the date of these presents, and of such Ideots and Lunatickes, and their estates, as shall fall vnto vs h [...]e forth, you strictly and carefully obserue these Our Directions following.
FIRST, That no Graunt or promise be made of the custody of the body or lands of any VVard, nor any composition for the same, vntill the end of one moneth next after the death of the Ancestour of the VVard, to the end that the neerest and trustiest friends of the Ancestour, or other persons nominated by the Ancestour in that behalfe, may in the meane time become Sutors for the same, among whom choice may be made of the best and firtest.
ALSO you shall doe by your best endeuours to informe your selfe as particularly as you may, by Commission, suruey, [...] [...]se of the trueth of the Wards estate, aswell of his inheritance, as of his goods and chartels, and of the estate of the deceased An [...] and of all other due circumstances considerable, to the end the compositions may be such, as may stand both with Our reasonable [...] [...]ed with the abilitie of the heires estate.
[...]HAT all sales and compositions for Wardships of the bodies, and Leases of Lands, be made by the Master of the said Court, and [...] persons as are authorized by Statute in that behalfe. Neuerthelesle, the Surueyour of the Liueries, the Atturney of the VVards, [...] and Auditours, or any foure of them without the Master, may treat with any to bring the said VVardship and Leases to a price the same according to the said Statute.
[...]HAT no VVardships of the body or land shalbe giuen or granted to any person, or at his suite, in way of reward or benefit, but the [...] and value that shall be offered, shalbe taken to Our vse; so, alwayes as the neerest and trustiest friends, or the persons nominated [...]our, (they seeking the same in time conuenient, as a foresaid, and making fit offer for it) be preferred, and consideration had VVards Estate, and of all due circumstances considerable in such cases.
[...]HAT Leases of Wards Lands be made withour Fine, for the best improoued yeerely Rent that shall be offered, consideration be [...] all due Cautions, as aforesaid.
[...]HAT sellable Woods, and Fines of Copy-holds of Inheritance, be also reasonably valued and demised with the Lands, for the [...]ly Rent as aforesaid; with prouision for fellable Woods. That the Lessees sell them by fit portions
[...]HAT Fines of Copy-holds for Liues, bee made and raised to Our vse, when and as often as the Court shall thinke good, by cer [...] [...]ular Commissioners to be appointed by the Master and Councell of Our said Court, which Commissioners shall be charged [...] best of such Copy-holds to be granted, and truely to answere vnto Vs into Our receipt of Our sayd Court, all such summes, [...]nd or couine, as by them shall haue beene receiued, due consideration being had of their paines and expences.
[...]HAT all Petitions for Compositions of Wardships (and Leases) bee presented and ordered at the Councell Chamber of the [...] Wards, at the seuerall sittings for the Wards.
[...]AT euery such Petition doe expresse the seuerall Counties wherein the Ancestor died seized of Lands.
[...]AT the rate and summe agreed vpon by the Commissioners for the Composition of any Ward (or Lease) doe stand and bee [...]d in the Composition, neither in the Fine nor Rent.
[...]HAT no Office be found within the yere after the death of the Ancestor against Vs, or a meane tenure of Vs, (not being Knights [...] any Ward within age, vntill the Feodary or Escheator doe first acquaint the Court for further directions therein (which the [...] [...]ned to doe with all conuenient expedition.)
[...]AT not onely euery Committee (and Lessee) but euery Assigness of euery Committee (or Lesse) shall take the Oath, viz. &c. [...] purpose euery Committee (and Lessee) and Assignee shall be sworne, whether he taketh it to his owne vse, or to the vse of a [...], [...] end they may both take the Oath.
[...]AT especiall choise bee taken of the Comissioners, that take the oath in the Countrey, so that the Oath bee truely and why the Committees (Lesses) and Assignees and the parties committing trust to any other.
[...]T euery Feodary and Escheator before the third returne fo euery Tearme, shall certifie into the Court a note of all Offices [...] Vacation next before, and whether a Tenure bee found for Vs in Capite, or by Knights seruice, and the names of the Ance [...] [...]re, and his age.
[...] the Oath be taken by those that are Committees or Lessees vpon neglect, in haec verba.