The Court of Wards and Liveries was a court established during the reign of

Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for

wardship In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient jur ...

and

livery A livery is an identifying design, such as a uniform, ornament, symbol or insignia that designates ownership or affiliation, often found on an individual or vehicle. Livery will often have elements of the heraldry relating to the individual or ...

issues. The court was established from 1540 by two

Acts of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament ...

, Court of Wards Act 1540 (''32 Henry VIII c. 46'') and the Wards and Liveries Act 1541 (''33 Henry VIII c. 22''). As Master of the Court, from 1561, William Cecil was responsible for the upbringing of orphaned heirs to

peerages A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks. Peerages include: Australia * Australian peers Belgium * Belgia ...

and also, until they came of age, for the administration of their estates. In 1610,

King James I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until ...

attempted to negotiate with Parliament a regular income of £200,000 a year in return for the abolition of the hated Court of Wards. While the negotiations failed, the episode showed Parliament that the

royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...

could be up for sale. In February 1646 (

New Style Old Style (O.S.) and New Style (N.S.) indicate dating systems before and after a calendar change, respectively. Usually, this is the change from the Julian calendar to the Gregorian calendar as enacted in various European countries between 158 ...

), during the

English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...

, the Court of Wards and Liveries lost its principal function, due to the abolition by the

Long Parliament The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septem ...

of feudal tenure. The court was formally abolished soon after the restoration of the monarchy by the

Tenures Abolition Act 1660 The Tenures Abolition Act 1660 (12 Car 2 c 24), sometimes known as the Statute of Tenures, was an Act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the Act was ''An act ...

(''12 Charles II c. 24'').

History

Wardship of minor heirs of a

tenant in chief In medieval and early modern Europe, the term ''tenant-in-chief'' (or ''vassal-in-chief'') denoted a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as oppos ...

was one of the king's ancient "feudal incidents" (amongst escheat, marriage,

relief Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term ''relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that the ...

, custody of an "idiot", etc.), that is to say a right of royal prerogative dating back to the feudal principle of seigneurial guardianship. Such right entitled the king to all the revenues of the deceased's estate, excluding those lands, generally one third of the estate, allocated to his widow as

dower Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law. ...

, until the heir reached his majority of 21, or 14 if a female. The king generally sold such wardships to the highest bidder or granted them ''gratis'', generally by

letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...

to a favoured courtier as a reward for services, which saved cash having to be found from the privy purse. On attainment of his majority at the age of 21, a

proof of age inquisition A proof of age inquisition was required during the feudal era in England to enable a minor to exit wardship. The age of majority to be proved for a male was 21, for a female 14 if married, 16 if unmarried. Witnesses were required to give evidence o ...

would be held, resulting in a certification witnessed by prominent men from his local area who certified that he had reached the age of 21. Such certificate then formed the basis for the king to issue a writ to the custodian of the land in question to release it to the heir, who then obtained

seizin Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with co ...

. An example of such grant made on 20 November 1495 is as follows:

Grant to William Martyn, esquire, and William Twynyho, esquire, of the keeping of the lands late of John Trenchard, tenant in chief, and after the death of Margaret, widow of the said John, of the lands which she holds in dower; with the wardship and marriage of Thomas Trenchard, his son and heir.

Identification of wardships

On the death of every tenant-in-chief the

escheat Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...

or of the county in which he held land was required to hold an

inquisition post mortem An Inquisition post mortem (abbreviated to Inq.p.m. or i.p.m., and formerly known as an escheat) (Latin, meaning "(inquisition) after death") is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-in ...

and report to the

Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...

which identified the size and location of the holdings, the rents and services due under

feudal land tenure Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpet ...

, the name and age of the deceased and the name and age of his heir. A copy was sent to the

Exchequer In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's ''current account'' (i.e., money held from taxation and other government reven ...

, and after 1540 to the Court of Wards and Liveries.

Increased exploitation of wardships by Tudors

The systems for the exploitation of royal feudal incidents fell into decay by the 15th century, but following the accession of

King Henry VII Henry VII (28 January 1457 – 21 April 1509) was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor. Henry's mother, Margaret Beaufo ...

(1485–1509) in 1485, and in order to replenish the royal treasury, a new importance was placed on fully exploiting such rights. Surveyors, commissioners and from 1514 county feodaries were appointed to actively search for and spy out potential royal wardships, and in each county there were established over wards retained by the king a master, receiver-general, auditor and particular receiver. Liberal rewards were paid to anyone providing information allowing the discovery of a new crown ward. Over all was appointed a "Master of the King's Wards", to be held at the king's pleasure, first established in late 1503, to supervise royal wardships and administer the lands and revenues of wards during the period of crown control, and to sell those not to be retained. The revenues were paid to the

Treasurer of the Chamber The Treasurer of the Chamber was at various points a position in the British royal household. 13th century The post of Treasurer of the Chamber first arose in the early 13th century. As part of the evolutionary changes that saw the Treasurer of the ...

, that is to say the king's private funds, not into the Treasury. The master originally was required to declare his accounts orally to the king's own person four times a year, which in 1531 was altered to require the rendering of such accounts to general surveyors.

List of Masters of Wards

(Source: Richardson, 1952, p. 487) * Sir John Hussey (9 December 1503 – June 1513) * Sir Thomas Lovell (14 June 1513 – December 1520) * Sir Richard Weston (24 January 1518 – November 1526) * Sir Edward Belknap (8 December 1520 – March 1521) *Sir Thomas Englefield (22 May 1526 – 1534) * Sir William Paulet (3 November 1526 – 1540)

Establishment of Court of Wards

In 1540 the office of "Master of the King's Wards" was replaced by the Court of Wards, which assumed complete control of wards and the administration of their lands. This was inspired by the successful establishment of the

Court of Augmentations Thomas Cromwell established the Court of Augmentations, also called Augmentation Court or simply The Augmentation in 1536, during the reign of King Henry VIII of England. It operated alongside three lesser courts (those of General Surveyors (1540 ...

in 1536, and it followed a similar organisation.Richardson, 1952, p.296 The court had a seal and met in quarterly sessions. The other officials included a surveyor, attorney, receiver-general and two auditors.

Amalgamation with Office of Liveries

The office of "Surveyor of the King's Liveries" was in existence between 1514 and 1542, when the office was joined to the Court of Wards, becoming the "King's Court of Wards and Liveries".

List of Surveyors of Liveries

(Source: Richardson, 1952, p. 487) *Sir

Thomas Nevill Sir Thomas Neville or Nevill (by 1484 – 29 May 1542) was a younger son of George Neville, 4th Baron Bergavenny. He was a prominent lawyer and a trusted councillor of King Henry VIII, and was elected Speaker of the House of Commons in 1515. ...

e (c. 1514–1542) *Sir Robert Norwich (15 September 1529 – 1535) *Sir

Richard Rich Richard Rich, 1st Baron Rich (July 1496 – 12 June 1567), was Lord Chancellor during King Edward VI of England's reign, from 1547 until January 1552. He was the founder of Felsted School with its associated almshouses in Essex in 1564. He wa ...

(20 April 1535 – autumn 1536) *

John Hynde Sir John Hynde (died October 1550) was an English judge, prominent in the reign of Henry VIII. Life John Hynde and his brother Thomas were probably not from a family of Cambridgeshire origins, but having studied in the University of Cambridge beca ...

(1537–1542)

List of officers of Court of Ward and Liveries

(Source: Richardson, 1952, p. 488)

Master of the Wards

* Sir William Paulet (26 July 1540–May 1554) *Sir Francis Eaglefield (1554 – 1558) *Sir Thomas Parry (c.1558 – c.1561) *

Lord Burghley William Cecil, 1st Baron Burghley (13 September 15204 August 1598) was an English statesman, the chief adviser of Queen Elizabeth I for most of her reign, twice Secretary of State (1550–1553 and 1558–1572) and Lord High Treasurer from 1 ...

(1561 – 4 August 1598) * Robert Cecil (21 May 1599 – 24 May 1612) * George Carew (died 1612) (1612 – 13 November 1612) *

Walter Cope Sir Walter Cope ( – 30 July 1614) of Cope Castle in the parish of Kensington, Middlesex, England, was Master of the Court of Wards, Chamberlain of the Exchequer, public Registrar-General of Commerce and a Member of Parliament for Westminster ...

(c.1553–1614) (November 1612 – 1614) * Sir William Knollys (1544–1632) (1614 – 1618) * Lionel Cranfield (1575–1645) (1619 – 1623) *Sir

Robert Naunton Sir Robert Naunton (1563 – 27 March 1635) was an English writer and politician who sat in the House of Commons at various times between 1606 and 1626. Family Robert Naunton was the son of Henry Naunton of Alderton, Suffolk, and Elizabeth Ashe ...

(1563–1635) (30 September 1624 – 16 March 1635) * Francis Cottington (c.1579–1652) (16 March 1635 – May 1641) * William, Viscount Saye and Sele (1582–1662) (1641 – ?)

Surveyor

(died 1550) (1542 – 1546) *

Robert Keilway Robert Keilway (''alias'' Kellway, Keylway, Kaylway, Kelloway, etc.) (1497–1581) of Minster Lovell Hall in Oxfordshire, was an English politician and court official. He was the son of Robert Keilway of Salisbury and educated at Oxford Univ ...

(by 1515–1581) (1546 – 1581) *

Thomas Seckford Thomas Seckford Esquire (1515 – 1587) was a senior lawyer, a "man of business" at the court of Queen Elizabeth I, a landowner of the armigerous Suffolk gentry, Member of Parliament,M.K. Dale, 'Seckford (Sakford), Thomas (1515/16-87), of Gray ...

(1581 – December 1587) *

Richard Kingsmill Richard Kingsmill (born 29 January 1954) is an Australian radio announcer, music journalist and currently Group Music Director of triple j, triple j Unearthed, Double J and ABC Local Radio. Career His career at triple j started in 1988 as a p ...

(c.1528–1600) (1590 – ?1600) * Cuthbert Pepper (died 1608) (1600 - 1607) * Sir

Roger Wilbraham Sir Roger Wilbraham (4 November 1553 – 31 July 1616) was a prominent English lawyer who served as Solicitor-General for Ireland under Elizabeth I and held a number of positions at court under James I, including Master of Requests and surve ...

(1553–1616) (1607 – 31 July 1616) * Sir

(1563–1635) (1617) * Sir Humphrey May (January 1618 – April 1618) * Sir

Benjamin Rudyerd Sir Benjamin Rudyerd or Rudyard (1572 – 31 May 1658) was an English poet and politician who sat in the House of Commons at various times between 1621 and 1648. He was also a colonial investor who was one of the incorporators of the Providence ...

(1572–1658) (17 April 1618 – 1647) (last surveyor)

Receiver-General

*Philip Paris (2 August 1540 – 26 February 1544) *Richard Lee (26 February 1544 – 30 January 1545) * John Beaumont (by 1508–1558/64) (30 January 1545 – December 1550) * George Goring (aft.1522-1594)) (3 July 1584 – 1594) *Sir William Fleetwood (1551–1616) (1594 – 3 February 1610) History of Parliament
/ref> * Sir Miles Fleetwood (died 1641) (3 February 1610 – 1641) *

William Fleetwood (1603–1674) Sir William Fleetwood (c 1603 – 12 February 1674) of High Lodge, Woodstock Park, Oxfordshire was an English courtier and politician who sat in the House of Commons in 1640 and again from 1661 to 1674. Fleetwood was the eldest surviving so ...

(1641 – 1643) (last receiver)

Attorney

* Thomas Polsted (1540 – ) * John Sewster (1541 – ) * Richard Goodrich (1546 – ) * Nicholas Bacon (1547 – ) * Robert Nowell (c.1520–1569) (1561 – 1568) * Richard Onslow (1568 – ) * Thomas Wilbraham (1531–1573) (23 April 1571 – ?1573) * Richard Kingsmill (c.1528–1600) (1573 – 1589) History of Parliament
/ref> * James Morris (1589 – ) * Sir Thomas Hesketh (1548-1605) (1597 – ?1605) * Sir Henry Hobart (c.1560–1625) (1605 – ?1606) * Sir James Ley (c.1552–1629) (November 1608 – 1621) * Walter Pye (1571-1635) (2 February 1621 – 26 December 1635) * Henry Calthorpe (23 January 1636 –29 September 1637) * Sir Rowland Wandesford (29 September 1637 – )

Auditor

* Sir John Peryent (1544 – 1551) (jointly) *

William Tooke William Tooke (1744 – 17 November 1820) was a British clergyman and historian of Russia. Life Tooke was the second son of Thomas Tooke (1705–1773) of St. John's, Clerkenwell, by his wife Hannah, only daughter of Thomas Mann of St. James's, ...

(1507–1588) (1544 – 1588) (jointly to 1551) * Walter Tooke (1588 – ) * Cuthbert Pepper (died 1608) (1607 - 1608) History of Parliament
/ref> * John Tooke (22 March 1610 – 22 May 1634) * Thomas Tooke (5 June 1624 – 9 June 1634) * James Tooke (9 June 1634 – 5 February 1638) * Charles Maynard (22 May 1634 – 5 Feb 1638) * ?Walter Prichard (1638) ? * John Heath (1614-1691) (1643 – 1646)

Usher

* Marmaduke Servant Herbert Searvant in the Chapman Trials, Asgard House, 2020, Widmayer Gus G., ch. 6, ISBN 9781663546982. (c.1578-1605) (died 1605) Vetusta Monumenta
/ref>

Messenger

* Leonard Taylor (1565-c.1595)

Clerks

Sources

* * *

References

External links

National Archives
{{DEFAULTSORT:Court Of Wards And Liveries 1540 establishments in England Dissolution of the Monasteries Former courts and tribunals in England and Wales The National Archives (United Kingdom) 1660s disestablishments in England Courts and tribunals established in 1540 Courts and tribunals disestablished in the 1660s Monarchy and money