Law, Book 4 · Chapter 24
CHAP. 24.
Of Offices for the King.
THeſe are the ſuits that eueryevery one may hauehave. Enquirie for the King is when matter for the King is found by a Iurie called an enqueſt of office, whether the enquirie bee by officers themſelues, as Sherifes, Eſchetors, Coroners, &c. virtute officij, or virtute breuis, or commiſſions to them directed. And here the iuſt number of twelue is not of neceſſitie, but may bee ſometimes F. N. B. 1…. ….more or leſſe.
An enquirie is an office or preſentment. An office which findeth matter to entitle 21 E. 3 2.the King to ſome poſſeſſion, for an office is a title for the King, but finding but for a common perſon it is but an euidence.
If ſuch an office bee found for hereditaments, and the King entitled by matter enfait, 3 H. 7. 3.that is to ſay, by no other record but that onelyonly, as if the office find that I. S. the Kings Tenant died ſeiſed, the partie may either trauerſe, to ſay, I. S. was not ſeiſed, or confeſſe and auoid it by ſaying, that himſelfe was the Kings Tenant, and diſſeiſed by I. S. and ſo I. S. died ſeiſed beeing in by diſſeiſin, &c. And this is called a monſtrans de droit. But if the office entitle the King by matter of record, as that I. S. was attainted of Treaſon, and ceiſed of certaine lands there onelyonly, a petition lyeth to the King, becauſe this is a double matter of record, and therefore neither can the partie trauerſe it by denying I. S. to be ſo ſeiſed, nor hauehave his monſtrans de droit to ſhew that I. S. did diſſeiſe him; &c. or that he enfeoffed I. S. vponupon condition, and that I. S. brake the condition before the attainder. All this is to be vnderſtood ſo long as the record of the attainder continueth in his force. But the party may trauerſe the attainder well enough, as to ſay, nul tiel attainder. j. that 4 H. 7. 7there is no ſuch attainder, and vponupon that being found for him he ſhall hauehave the land, without being driuen to his petition, otherwiſe not, and the reaſon is becauſe the office entitling the King by a matter of record, this title cannot be auoided, but by as high a matter, and not by the plea or allegation of the partie: vponupon as high a matter of record to auoid the office, as the office it ſelfe, a man may trauerſe it though the K. be entitled by double matter of record. As being found by office that I. S. was attainted of Treaſon by Parliament, & his lands forfeit, and that hee was ſeiſed of B. acre, whereby the King ſeiſeth it. Now if another act of Parliament reſtore the heire to all the lands whereof the anceſtor was ſeiſed, and adnull the aunceſtors attainder, his heire ſhall hauehave this by way of plea without petition.
If the office be for perſonall goods, the 4 E 4. 24.party may alwaies hauehave a trauerſe or plead any matter vntounto it, and ſo hauehave his goods againe, vnleſſe the eſchetor hauehave accompted (a) Ibid. 34 H. 6 5. 4 E. 4▪ ibid.for them. And that though the office find the Kings title to be by matter of record: as that I. S was attainted of felony or treaſon, or outlawed in debt or treſpaſſe, & was at the time poſſeſſed of a horſe, or of ſuch and ſuch goods, wherein truth the property was vntounto a ſtranger. That ſtranger may hauehave a trauerſe.
The King vponupon office finding for him, if his entry be lawful, and the poſſeſſions to be had at the time, is preſently in poſſeſſion, as in wardſhip or eſchete of land found by 14 H. 7. 23. 25.office: but an office finding that the kings tenant hath ceaſed, or his tenant for life cō mitted Stamf. Prer. 54.waſt, veſteth no poſſeſſion in the K. for his entry is not lawful, but he is driuen to ſue a ſcire facias. So if an office entitling the K. to things not manuell, that is to ſay, where of no profit is to be taken, forthwith vntil they fall as a rent cōmon, &c. this veſteth no poſſeſſion till the day. Alſo he ſhal be anſwered of all the mean profits frō the time of his title. As vponupon an alienation in mortmaine found by office, from the time 41 E. 3. 11. 11 H. 4. 5.of this a lienation appearing of record, vponupon the kings letters parents adnulled for inſufficiencie from the very time of the grant.
An Eſchetor here may find offices ex officio, 4 E. 4. 24. … H. 4. 5.as well as virtute breuis, or Commiſſionis. But not of outlawry of felonie, or ſuch high matter of record without warrantie paramount and certification by writ of record Thoſe virtute breuis o… commiſſionis are returnable in the Chancerie. The other properly in the Exchequer. But may alſo be returned into the Chancerie.
Statutes.
36. E. 3. cap. 13. Stat. 1. No Eſcheter ſhall take enqueſts of office but indented betweene the Iurors and him, elſe they are void.
33. H. 8. cap. 22. Set virtute officij onelyonly to finde an office of lands holden of the King of v. l. value or aboue, paine v. l.
8. H. 6. cap. 16. Take enqueſts but of people impanelled by the Sherife, and thoſe enqueſts muſt be returned within a monethmonth after the taking. Paine xx. l. So of Commiſſioners.
23. H. 6. cap. 17. Take enqueſt virtute breuis, but within a monethmonth after deliuerie of the writ, his fees are ſet downe.
1. H. 8. cap 8. Made perpetuall. 3. H 8. cap. 2. Sit vnleſſe he hauehave lands, &c. to the cleare yearely value of xl. Marks. Paine xx. l.
Delay to take the verdict when the Iurie offer it, paine C. l▪ So of Commiſſioners.
Be Eſchetor in three yeares againe after that yeare ended.
34. E. 3. cap. 13. Stat. 1. A Trauerſe giuen to the partie whoſe lands are ſeiſed by office for alienation without licence, or nonage of the heire in Ward, it ſhall be ſent to the Kings Bench to be tried.
36. G. 3. cap 13. Stat. 1. VponUpon a trauerſe or Monſtraus de droit, the Chancellor may let him (that tendreth it) the Lands holden to farme finding ſuretie to do no waſt.
8. H. 6 cap. 16. They ſhall not bee let to farme till the enqueſts returned, nor in a monethmonth after, within which time the partie grieued may hauehave the benefit of the former Statute.
All letters pattents within the monethmonth ſhall be void.
18. H. 6. cap. 6. All letters pattents made of lands or Tenements before office found or returned ſhall be void.
1. H. 8. cap. 16. The partie ſhall hauehave 3. moneths libertie after the office returned to tender his trauerſe.
2. E. 6. cap. 8. Where an office is found for the King, he that hath intereſt for years or by Copie in the bond, or any rent Common, office, fee, or any profits of whatſoeuer eſtate out of the land ſhall hauehave them, though they bee not found in the office in ſuch ſort as they ſhold if no office had bin at all. When land is found holden of the K. immediatly, and that it ſhould deſcend or come to an heire within age, which is or ought to be in the Kings ward, that heire within age may hauehave a Trauerſe.
The partie grieued may hauehave a trauerſe immediatly or after at his pleaſure, when one is found heire where another indeed is heire, or when one is found heire in one Countie, and another found heire to the ſame perſon in another Countie, or when one vntruly is found lunatick, ideot, or dead
The party grieued may hauehave trauerſe or Monſtrans de droit (and ſhall not be driuen to petition) when it is vntruly found that one attainted of treaſon, felonie, or praemunire is ſeiſed of lands, whereunto another hath iuſt title of an eſtate of freehold. And …lthough the King bee entituled in ſuch …nds by double matter of record.
VponUpon eueryevery ſuch trauerſe a Scire facias …hall go out as in trauerſes or petitions be…ore, and the defendant therein hauehave the …me aduantage that they had in a Scire fa…ias in a petition before.
In euerie trauerſe purſued by vertue of …his act, where by the Common Law the …artie were driuen to petition, two writs of …earch ſhall be granted. After Iudgement …pon a trauerſe ſued by vertue of this act, if …t appeare by matter of record that the king …ath a former title, the ſame ſhall be ſaued …nto him.
Artic. ſuper chart. cap. 19. When the Eſ…hetor or Sherife ſeiſe land into the Kings …and without cauſe: vponupon ouſting of the Kings hands the partie ſhall hauehave the meſn …ſſues reſtored to him.
20. E. ſtat. De Eſcheatoribus If the Eſche…or by Writ out of the Chancerie ſeiſe land …nto the kings hand, and after vponupon inqui…ition no title is for the King to hauehave the …uſtodie. An ouſter lemain ſhall be awarded …or the partie out of the Chancerie.
Prouided, that if any thing afterwards …ay be found in the Chancery, Exchequer, …r Kings Bench for the King, a Scire facias …hall go out againſt the party. And if the King hauehave right it ſhall be anſwered of all …he iſſues from the time of the Eſchetors …irſt ſeiſing of the land.
23. H. 6. cap. 17. In a Scire facias vponupon … Trauerſe againſt any pattentee no proteſtion allowable VponUpon an office found virtute 14 E. 4 5. 6 H. 7. 15.officij, whereby the King is intituled … ones wardſhip, the heire ſhal neuer hauehave liuery, that is to ſay, the land deliuered … of the Kings hands. But vponupon a perfect office (a) Stamf. prer. 52.virtute breuis, or commiſſionis, if it b… (b) F. N. B. 235. c.ſpeciall writ or commiſſion, not a gener… one to enquire of all wards he may. Therfore here the heire is allowed theſe commiſſions following, or writs in the nature of ſuch commiſſions: viz. Firſt, for the … ding of an office for the King, then for the hauing of the land out of the Kings h…. Thoſe for the finding of an office are, 1. … (c) F. N B. 252.Diem clauſit extremum, Mandamus, & Deuenerunt, to enquire what lands holden of the King, and what of other, the anceſtor … ſeiſed of the day of his death, the value, the day of his death, who is the next heire, … of what age.
The Diem clauſit extremum is to be …ed within the yeare after his death.14 E. 4 c. F. N. B. 253. c.
Statutes.
14 E. 3. cap. 12. Lands by ward in the Kings hand ſhall be let to the next friends of the infant, to whom the enheritance cannot deſcend, if they offer ſpeedily after Diem clauſit extremum in the Chancerie to render till the Infants age, as other will without fraud.
The Mandamus after the yeare. And Stamf. 52. F. N B. 253. …. F. N. B. 253. b. Stamf ibid…. Fitz ibid. 4 …. … 24.…ere it muſt further be enquired who took …e profits. The Deuenerunt is when the …unceſter dyed in ward to the King. 2. a …uae plura, melius inquirendum, & Datum est …obis intelligi, vponupon defect in offices found by …ertue of ſuch writs or commiſſions, but …heſe ſhall neuer goe out vponupon an office …ound virtute officij. Quae plura vponupon leuy…ng F. N. B. …5.out of any land in thoſe offices.
Melius inquirendum vponupon any other de…ect in the office, as if the office were inſufficient (a)E. 4. 24.or vncertaine, or the (b)F. N. B. 255.land of greater value, then is found in the office: or …eld by other ſeruices, or the Tenant ſeiſed of other eſtate.
Datum eſt nobis intelligi, vponupon an office finding 2 H. 7. 2.lands to be holden of any other perſon, when there is a record to proue that is holden of the King, but this writ ſhall not be vponupon a bare ſurmiſe.
Thoſe for hauing the land out of the Kings hand are an Aetate probanda, and F. N B. 257.a writ of Lyuerie. Aetate probanda is to enquire whether he be of full age, or not, before which time he is not to hauehave lyuerie. A writ of Lyuerie is after a perfect office, Stamf pr…. 52.(for no liuerie ſhall be vponupon an inſufficient office) finding a tenure in chiefe whether by knights ſeruice or ſoccage: and whether F. N. B.the heire then be within age, or of full age. But he that holdeth of the King by knight ſeruice, but not in Capite, ſhall not ſue liuerie. 32 H 8. Br. liuerie et ouſter lemain 62But becauſe none can enter vponupon the King, the heire (if hee were within … when he commeth to his full age ſhal … an ouſter lemain, to hauehave all the la… … liuered to him at once by the King, which (a) 44. E. 3 25.is called a liuerie, for if this be ſued and … mention made of an auowſon, all ſhall … reſeiſed, and the King anſwered of all t… meſne iſſues. And a liuerie muſt be entire, and not by parcels. The manner thereof i… (b) 2 H. 7. 12.this, when the heire in the Kings Ward i… (c) F. N. B. 156.of full age, he ſhall hauehave a writ out of the Chancerie to the keeper of the priuie ſeale, teſtifying that he is of full age, and hereupon he ſhall hauehave a priuie ſeale to the Chamberleine of the King to receiue his homage. And when he hath receiued his homage hee ſhall hauehave a writ from the Chamberleine to the Chancellor teſtifying that he hath receiued his homage, and therupon he ſhall hauehave a writ of liuery.
Statutes.
28. E. 3. cap 4. The rents giuen to them that ſue liuerie when the rent day cōmeth, how ſoone ſoeuer it come after the liuerie.
32. H. 8. cap. 46. The Court of wards … cted to be a court of record, officers appointed: a Maſter of wards that ſhall keepe the Seale, an Atturny, a Receiuor, two Auditors, two Clarks, a meſſenger and an vſher.
All wards with their lands, &c. ſhall be in the ordring of the Court.
They may ſell and grant the K. wards or …heir lands during their minoritie, &c.
The ſame to paſſe by the Kings Bill aſ…gned, which ſhall be a ſufficient warrant …o the Lord Chancellor for the great ſeale.
They may (without the Kings bill aſ…igned) make good ſales of vnderwoods, …nd appoint timber for neceſſarie reparati…ns of the ward lands, and make leaſes du…ng their minoritie, &c.
Widowes and the fines for their marri…ge are in the ſuruey of this Court.
So are Ideots and their lands, and the Court may let and ſet their lands.
The grantee of the cuſtodie of Wardſhip …f any of the Kings wards ſhall ſue foorth …is patent within foure moneths next after …e aſſignement of his bill, elſe the bill and …ffect thereof to be void.
Proceſſe ſhall be made out of this Court …gainſt wards intruding vponupon their lands …efore liuerie, or ouſter lemaine vnderunder the …reat ſeale.
With many other matters concerning …he authoritie of this Court, and the offices …hereof.
33. H 8. ca 22. The office of the M. of the …uerie vnited to the Court of wards.
A ſuruey or of the liueries added and ap…ointed to be the ſecond officer.
A Clarke of the liueries alſo added.
All liueries ſuing ſhall be in the ordring …f this Court.
None that hath land ouer the clear year… value of v. l. (otherwiſe it is where the lād is vnderunder that value) ſhall hauehave liuerie before inquiſition or office, by the King… Writ or Commiſſion, which ſhal not pa… out of the Chancerie or other Court without a warrant directed to them out of the Court of Wards vnderunder their hand.
They ſhall ſet rates for liueries, and appoint dayes of payment, &c. and their Bil… for liuerie ſhall bee a ſufficient warrant … the Lord Chancellor.
A generall liuerie may be ſued where the yearly value of the land exceeds not 11. l… but ſuch generall liuerie ſhall not be without warrant from this Court. The pa… for liuerie may be ſued foorth within thr… moneths next after the aſſignement of th… Bill by the King or his Court.
Two being found heires by one and … 1 H. 7. 28.ſame title, whether twinlings that a… males, found heire by one ſelfe ſame office or diuerſe men by ſeuerall offices found heires to the ſame aunceſtour, and by the ſame title (for if one office find that the K… gaue land to A. and the heires of his bodie, and that B. is his Coſin and heire, and another office findeth that the gift was in generall taile, and that foure daughters are … heires. There muſt be a Trauerſe and no enterpleading, for they claimed not by o… anceſtor and title) the King ſhall not … liuerie till by enterpleder the truth …ee … cuſſed 5 E. 4 4.at his full age that was found … firſt: for if A. of v. yeares is found heire … the kings Tenant, and after by anoth… office B. is found his heire, and of full age, B. hath no remedy till A. come of age, and …hen they muſt enterplead. And in eueryevery enterpleading, an office muſt bee found for both. And if one be found heire of full age, …nd after another within age, the enterpleading ſhall not ſtay till the full age of the ſecond, becauſe the other was found heire firſt. Among coparceners the King vponupon liuerie ſhall make partition. And that is for Stamf prer. 58.the Kings benefit, becauſe vponupon that partition eueryevery one ſhall hauehave ſome part of the lands in chiefe. For if any ſhould hauehave for their portion onelyonly the lands holden of other men, then the King ſhould loſe his pre…ogatiue in thoſe lands for euer, becauſe …hey that hauehave them when they ſhall dye …old no lands of the King in Capite. And …herefore in the writs of liuerie there is a …rouiſo, that eueryevery one ſhall hauehave in her …urpart, parcell of the lands holden in …hiefe.