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Of Offices for the King.
THese are the suits that euery one may haue. 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, Esche∣tors, 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 some∣times
more or lesse.
An enquirie is an office or presentment. An office which findeth matter to entitle 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 heredita∣ments, and the King entitled by matter en∣fait, that is to say, by no other record but that onely, 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 him∣selfe 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 onely, 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 haue his monstrans de droit to shew that I. S. did disseise him; &c. or that he enfeoffed I. S. vpon condition, and that I. S. brake the con∣dition before the attainder. All this is to be vnderstood so long as the record of the at∣tainder continueth in his force. But the party may trauerse the attainder well e∣nough, as to say, nul tiel attainder. j. that there is no such attainder, and vpon that be∣ing found for him he shall haue the land, without being driuen to his petition, other∣wise
not, and the reason is because the of∣fice entitling the King by a matter of re∣cord, this title cannot be auoided, but by as high a matter, and not by the plea or alle∣gation of the partie: vpon 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 attain∣ted 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 haue this by way of plea without pe∣tition.
If the office be for personall goods, the party may alwaies haue a trauerse or plead any matter vnto it, and so haue his goods againe, vnlesse the eschetor haue accompted 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 trea∣son, 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 vnto a stranger. That stranger may haue a trauerse.
The King vpon 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 office: but an office finding that the kings
tenant hath ceased, or his tenant for life cō∣mitted 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 ve∣steth no possession till the day. Also he shal be answered of all the mean profits frō the time of his title. As vpon an alienation in mortmaine found by office, from the time of this a lienation appearing of record, vp∣on the kings letters parents adnulled for in∣sufficiencie from the very time of the grant.
An Eschetor here may find offices ex of∣ficio, 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 re∣cord Those virtute breuis o•• commissionis are returnable in the Chancerie. The other pro∣perly in the Exchequer. But may also be re∣turned into the Chancerie.
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 onely 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 peo∣ple impanelled by the Sherife, and those enquests must be returned within a moneth after the taking. Paine xx. l. So of Commis∣sioners.
23. H. 6. cap. 17. Take enquest virtute bre∣uis, but within a moneth 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 haue 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 gi∣uen to the partie whose lands are seised by office for alienation without licence, or no∣nage of the heire in Ward, it shall be sent to the Kings Bench to be tried.
36. G. 3. cap 13. Stat. 1. Vpon 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 moneth after, within which time the partie grieued may haue the benefit of the former Statute.
All letters pattents within the moneth 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 haue 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 Com∣mon, office, fee, or any profits of whatsoe∣uer estate out of the land shall haue 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 haue a Trauerse.
The partie grieued may haue 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 haue trauerse or Monstrans de droit (and shall not be driuen to petition) when it is vntruly found that one attainted of treason, felonie, or praemu∣nire 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.
Vpon euery such trauerse a Scire facias ••hall go out as in trauerses or petitions be∣••ore, and the defendant therein haue 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: vpon ousting of the Kings hands the partie shall haue 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 vpon inqui∣••ition no title is for the King to haue 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 haue 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 vpon •• Trauerse against any pattentee no protesti∣on allowable Vpon an office found virtute officij, whereby the King is intituled •••• ones wardship, the heire shal neuer haue li∣uery, that is to say, the land deliuered 〈◊〉〈◊〉 of the Kings hands. But vpon a perfect of∣fice virtute breuis, or commissionis, if it b〈…〉〈…〉 speciall writ or commission, not a gener〈…〉〈…〉 one to enquire of all wards he may. Ther∣fore here the heire is allowed these com∣missions 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. •• Diem clausit extremum, Mandamus, & Deue∣nerunt, 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. 3. cap. 12. Lands by ward in the Kings hand shall be let to the next friends of the infant, to whom the enheritance can∣not descend, if they offer speedily after Di∣em clausit extremum in the Chancerie to ren∣der till the Infants age, as other will with∣out fraud.
The Mandamus after the yeare. And ••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, vpon defect in offices found by ••ertue of such writs or commissions, but ••hese shall neuer goe out vpon an office ••ound virtute officij. Quae plura vpon leuy∣••ng out of any land in those offices.
Melius inquirendum vpon any other de∣••ect in the office, as if the office were insuf∣ficient (a) or vncertaine, or the (b) 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, vpon an office fin∣ding lands to be holden of any other per∣son, when there is a record to proue that is holden of the King, but this writ shall not be vpon a bare surmise.
Those for hauing the land out of the Kings hand are an Aetate probanda, and a writ of Lyuerie. Aetate probanda is to en∣quire whether he be of full age, or not, be∣fore which time he is not to haue lyuerie. A writ of Lyuerie is after a perfect office, (for no liuerie shall be vpon an insufficient office) finding a tenure in chiefe whether by knights seruice or soccage: and whether 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 liue∣rie. But because none can enter vpon the
King, the heire (if hee were within 〈…〉〈…〉 when he commeth to his full age shal 〈…〉〈…〉 an ouster lemain, to haue all the la•••••• ••••∣liuered to him at once by the King, which 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•• this, when the heire in the Kings Ward i•• of full age, he shall haue a writ out of the Chancerie to the keeper of the priuie seale, testifying that he is of full age, and here∣upon he shall haue a priuie seale to the Chamberleine of the King to receiue his homage. And when he hath receiued his homage hee shall haue a writ from the Chamberleine to the Chancellor testifying that he hath receiued his homage, and ther∣upon he shall haue a writ of liuery.
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 appoin∣ted: a Master of wards that shall keepe the Seale, an Atturny, a Receiuor, two Audi∣tors, 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 vpon their lands ••efore liuerie, or ouster lemaine vnder 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 vnder that value) shall haue liuerie be∣fore inquisition or office, by the King•• Writ or Commission, which shal not pa•••• out of the Chancerie or other Court with∣out a warrant directed to them out of the Court of Wards vnder their hand.
They shall set rates for liueries, and ap∣point 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 with∣out 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 •••• 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 ano∣ther office findeth that the gift was in ge∣nerall taile, and that foure daughters are 〈…〉〈…〉 heires. There must be a Trauerse and no en∣terpleading, for they claimed not by o•••• ancestor and title) the King shall not 〈…〉〈…〉 liuerie till by enterpleder the truth ••ee ••••••∣cussed 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 euery en∣terpleading, an office must bee found for both. And if one be found heire of full age, ••nd after another within age, the enterplea∣ding shall not stay till the full age of the second, because the other was found heire first. Among coparceners the King vpon liuerie shall make partition. And that is for the Kings benefit, because vpon that parti∣tion euery one shall haue some part of the lands in chiefe. For if any should haue for their portion onely the lands holden of o∣ther men, then the King should lose his pre∣••ogatiue in those lands for euer, because ••hey that haue 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 euery one shall haue in her ••urpart, parcell of the lands holden in ••hiefe.
F. N. B. 1••••. ••.
21 E. 3 2.
3 H. 7. 3.
4 H. 7. 7
4 E 4. 24.
(a) Ibid. 34 H. 6 5. 4 E. 4▪ ibid.
14 H. 7. 23. 25.
Stamf. Prer. 54.
41 E. 3. 11. 11 H. 4. 5.
4 E. 4. 24. •• H. 4. 5.
14 E. 4 5. 6 H. 7. 15.
(a) Stamf. prer. 52.
(b) F. N. B. 235. c.
(c) F. N B. 252.
14 E. 4 c. F. N. B. 253. c.
Stamf. 52. F. N B. 253. ••. F. N. B. 253. b. Stamf ibid••. Fitz ibid. 4 ••. •• 24.
F. N. B. ••••5.
E. 4. 24.
F. N. B. 255.
2 H. 7. 2.
F. N B. 257.
Stamf pr••. 52.
F. N. B.
32 H 8. Br. liuerie et ouster lemain 62
(a) 44. E. 3 25.
(b) 2 H. 7. 12.
(c) F. N. B. 156.
1 H. 7. 28.
5 E. 4 4.
Stamf prer. 58.