Court of Wards and Liveries
Encyclopedia
The Court of Wards and Liveries was a court established during the reign of Henry VIII
in England
. Its purpose was to administer a system of feudal dues
; but as well as the revenue collection, the court was also responsible for wardship
and livery
issues.
The court was established from 1540 by two 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 and the administration of their estates during their minority of orphaned heirs to the peerage
.
In 1610, James I
attempted to negotiate with Parliament a regular income of £200,000 yearly in return for the abolition of the hated Court of Wards. While the negotiations failed, the episode showed Parliament that the Royal Prerogative
could be up for sale.
The Court of Wards and Liveries ceased to have a function in the 17th century due to the abolition of feudal tenures by the Long Parliament
in February 1646 (New Style). The Court was formally abolished by the Tenures Abolition Act 1660
(12 Charles II c. 24).
, 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 1/3 of the estate, allocated to his widow as dowry, 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
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 the heir was required to obtain a "Proof of Age" 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.
An example of such grant made on 20 November 1495 is as follows:
of the county in which he held land was required to make an "Inquest post mortem" report to the Chancery
which identified the size and location of the holdings, the rents and services due under feudal land tenure
, the name and age of the deceased and the name and age of his heir. A copy was sent to the Exchequer
, and after 1540 to the Court of Wards and Liveries.
(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, 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.
in 1536, and it followed a similar organisation. The court had a seal and met in quarterly sessions. The other officials included a surveyor, attorney, receiver-general and two auditors.
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. Its purpose was to administer a system of feudal dues
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
; but as well as the revenue collection, the court was also responsible for wardship
Ward (law)
In law, a ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state, in the United States,...
and livery
Livery
A livery is a uniform, insignia or symbol adorning, in a non-military context, a person, an object or a vehicle that denotes a relationship between the wearer of the livery and an individual or corporate body. Often, elements of the heraldry relating to the individual or corporate body feature in...
issues.
The court was established from 1540 by two 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
William Cecil, 1st Baron Burghley
William Cecil, 1st Baron Burghley , KG was an English statesman, the chief advisor of Queen Elizabeth I for most of her reign, twice Secretary of State and Lord High Treasurer from 1572...
was responsible for the upbringing and the administration of their estates during their minority of orphaned heirs to the peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
.
In 1610, James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
attempted to negotiate with Parliament a regular income of £200,000 yearly in return for the abolition of the hated Court of Wards. While the negotiations failed, the episode showed Parliament that the Royal Prerogative
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 alone. It is the means by which some of the executive powers of government, possessed by and...
could be up for sale.
The Court of Wards and Liveries ceased to have a function in the 17th century due to the abolition of feudal tenures by the Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
in February 1646 (New Style). The Court was formally abolished by the Tenures Abolition Act 1660
Tenures Abolition Act 1660
The Tenures Abolition Act 1660 was an Act of Parliament of the Parliament of England passed in 1660. The long title of the Act was An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in...
(12 Charles II c. 24).
History
Wardship of minor heirs of a tenant in chief was one of the king's ancient "feudal incidents" (amongst escheat, marriage, reliefFeudal relief
Feudal Relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to licence him to take possession of his fief, i.e. an estate-in-land, by inheritance...
, 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 1/3 of the estate, allocated to his widow as dowry, 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
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
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 the heir was required to obtain a "Proof of Age" 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.
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 escheatorEscheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
of the county in which he held land was required to make an "Inquest post mortem" report to the Chancery
Chancery
Chancery may refer to:* Chancery , the building that houses a diplomatic mission, such as an embassy* Chancery , a medieval writing office* Chancery , in Ceredigion, Wales...
which identified the size and location of the holdings, the rents and services due under feudal land tenure
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 perpetual, or non-free where the tenancy terminated on the...
, the name and age of the deceased and the name and age of his heir. A copy was sent to the Exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...
, 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. c., but following the accession of King Henry VIIHenry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
(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, 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 HusseyJohn Hussey, 1st Baron Hussey of SleafordJohn Hussey, 1st Baron Hussey of Sleaford was Chief Butler of England from 1521 until his death...
(9 Dec 1503- June 1513) - Sir Thomas LovellThomas LovellSir Thomas Lovell was an English soldier and administrator, Speaker of the House of Commons and Secretary to the Treasury.-Early life:...
(14 Jun 1513-dec 1520) - Sir Richard WestonRichard Weston (1465–1541)Sir Richard Weston KB was Governor of Guernsey, Treasurer of Calais and Under-Treasurer of the Exchequer during the reign of King Henry VIII of England....
(24 Jan 1518- Nov 1526) - Sir Edward BelknapEdward BelknapSir Edward Belknap was active in the service of the English crown, both on the battlefield and as a court official, during the 16th and 17th centuries....
(8 Dec 1520- Mar 1521) - Sir Thomas Englefield (22 May1526- 1534)
- Sir William PauletWilliam Paulet, 1st Marquess of WinchesterSir William Paulet was an English Secretary of State and statesman who attained several peerages throughout his lifetime: Baron St John , Earl of Wiltshire , and Marquess of Winchester .-Family origins and early career in Hampshire:William Paulet was eldest son of Sir John Paulet of...
(3 Nov 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 AugmentationsCourt of Augmentations
The Court of Augmentations was established during the reign of King Henry VIII of England along with three lesser courts following the dissolution of the monasteries. Its primary function was to gain better control over the land and finances formerly held by the Roman Catholic Church in the kingdom...
in 1536, and it followed a similar organisation. 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 to 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 Neville (c. 1514-1542)
- Sir Robert Norwich (15 Sept 1529-1535)
- Sir Richard Rich (20 April 1535-autumn 1536)
- John Hynde (1537-1542)
Master
- Sir William PauletWilliam Paulet, 1st Marquess of WinchesterSir William Paulet was an English Secretary of State and statesman who attained several peerages throughout his lifetime: Baron St John , Earl of Wiltshire , and Marquess of Winchester .-Family origins and early career in Hampshire:William Paulet was eldest son of Sir John Paulet of...
(26 July 1540-May 1554) - John Hynde (1542- )
Receiver-General
- Philip Paris (2 Aug 1540-26 Feb 1544)
- Richard Lee (26 Feb 1544-30 Jan 1545)
- John Beaumont (30 Jan 1545- )
Sources
- Richardson, W.C., Tudor Chamber Administration 1485-1547, Baton Rouge Louisiana, 1952.
- Richard Aldrich, An Introduction to the History of Education, London: Hodder and Stoughton, 1982, p. 96
- Joan SimonJoan SimonJoan Simon was an English historian, specializing in education, the wife and close collaborator of the educationist and historian Brian Simon.Joan Peel was born in 1915, a direct descendant of the 19th-century prime minister, Robert Peel....
, Education and Society in Tudor England, Cambridge: University Printing House, 1966, p. 344