whereof your lordship, my lord Treasurer, spake, was not built in a day: and if we shall be so happy as to take the ax to hew, and the hammer to frame, in this case, we know it cannot be without time; and therefore, as far as we may with duty, and without importunity, we most humbly desire an acceleration of his majesty's answer, according to his good time and royal pleasure.

A

FRAME OF DECLARATION

FOR THE

MASTER OF THE WARDS,

AT

HIS FIRST SITTING.

THE king, whose virtues are such, as if we, that are his ministers, were able duly to correspond unto them, it were enough to make a golden time, hath commanded certain of his intentions to be published, touching the administration of this place, because they are somewhat differing from the usage of former times, and yet not by way of novelty, but by way of reformation, and reduction of things to their ancient and true institution.

Wherein, nevertheless, it is his majesty's express pleasure it be signified, that he understands this to be done, without any derogation from the memory or service of those great persons, which have formerly held this place, of whose doings his majesty retaineth a good and gracious remembrance, especially touching the sincerity of their own minds.

But now that his majesty meaneth to be as it were master of the wards himself, and that those that he useth be as his substitutes, and move wholly in his motion; he doth expect things be carried in a sort worthy his own care.

First, therefore, his majesty hath had this princely consideration with himself, that as he is pater patriæ, so he is by the ancient law of this kingdom pater pupillorum, where there is any tenure by knight's service of himself; which extendeth almost to all the great families noble and generous of this kingdom: and

therefore being a representative father, his purpose is to imitate, and approach as near as may be to the duties and offices of a natural father, in the good education, well bestowing in marriage, and preservation of the houses, woods, lands, and estates of his wards. For as it is his majesty's direction, that that part which concerns his own profit and right, be executed with moderation; so on the other side, it is his princely will that that other part, which concerneth protection, be overspread and extended to the utmost.

Wherein his majesty hath three persons in his eye, the wards themselves, idiots, and the rest of like nature; the suitors in this court; and the subjects at large.

For the first, his majesty hath commanded special care to be taken in the choice of the persons, to whom they be committed, that the same be sound in religion, such whose house and families are not noted for dissolute, no greedy persons, no step-mothers, nor the like; and with these qualifications, of the nearest friends: nay, further, his majesty is minded not so to delegate this trust to the committees, but that he will have once in the year at least, by persons of credit in every county, a view and inspection taken of the persons, houses, woods, and lands of the wards, and other persons under the protection of this court, and certificate to be made thereof accordingly.

For the suitors, which is the second; his majesty's princely care falls upon two points of reformation; the first, that there be an examination of fees, what are due and ancient, and what are new and exacted; and those of the latter kind put down: the other, that the court do not entertain causes too long upon continuances of liveries after the parties are come of full age, which serveth but to waste the parties in suit, considering the decrees cannot be perpetual, but temporary; and therefore controversies here handled, are seldom put in peace, till they have past a trial and decision in other courts.

For the third, which is the subject at large; his majesty hath taken into his princely care the unne

cessary vexations of his people by feodaries, and other inferior ministers of like nature, by colour of his tenures; of which part I say nothing for the present, because the parties whom it concerns are for the most part absent: but order shall be given, that they shall give their attendance the last day of the term, then to understand further his majesty's gracious pleasure. Thus much by his majesty's commandment; now we may proceed to the business of the court.

DIRECTIONS

For the MASTER of the WARDS to observe,
For his Majesty's better Service, and the
general Good.

FIRST, that he take an account how his majesty's last instructions have been pursued; and of the increase of benefit accrued to his majesty thereby, and the proportion thereof.

Wherein first, in general, it will be good to cast up a year's benefit, viz. from February, 1610, which is the date of the instructions under the great seal, to February, 1611; and to compare the total with former years before the instructions, that the tree may appear by the fruit, and it may be seen how much his majesty's profit is redoubled or increased by that course.

Secondly, It will not be amiss to compute not only the yearly benefit, but the number of wardships granted that year, and to compare that with the number of former years; for though the number be a thing casual, yet if it be apparently less than in former years, then it may be justly doubted, that men take advantage upon the last clause in the instructions, of exceptions of wards concealed, to practise delays and misfinding of offices, which is a thing most dangerous.

Thirdly, in particular it behoveth to peruse and review the bargains made, and to consider the rates, mens estates being things which for the most part cannot be hid, and thereby to discern what improvements and good husbandry have been used, and how

much the king hath more now when the whole benefit is supposed to go to him, than he had when three parts of the benefit went to the committee.

Fourthly, It is requisite to take consideration what commissions have been granted for copyholds for lives, which are excepted by the instructions from being leased, and what profit hath been raised thereby.

Thus much for the time past, and upon view of these accounts, res dabit consilium for further order to be taken.

For the time to come, first, it is fit that the master of the wards, being a meaner person, be usually present as well at the treaty and beating of the bargain, as at the concluding, and that he take not the business by report.

Secondly, When suit is made, the information by survey and commission is but one image, but the way were by private diligence to be really informed: neither is it hard for a person that liveth in an inn of court, where there be understanding men of every county of England, to obtain by care certain information.

Thirdly, This kind of promise of preferring the next akin, doth much obscure the information, which before by competition of divers did better appear; and therefore it may be necessary for the master of the wards sometimes to direct letters to some persons near the ward living, and to take certificate from them: it being always intended the subject be not racked too high, and that the nearest friends that be sound in religion, and like to give the ward good education, be preferred.

Fourthly, That it be examined carefully whether the ward's revenues consist of copyholds for lives, which are not to be comprised in the lease, and that there be no neglect to grant commissions for the same, and that the master take order to be certified of the profits of former courts held by the ward's ancestor, that it may be a precedent and direction for the commissioners.

Fifthly, That the master make account every six