a report of the resolution of the court of ware touch the wardship of the body  of sir John Ratcliff knight and of the decree make thereupon with the assent  of the counsel and assistant of the say court in easter term in the six year  of the reign of queen Elizabeth easter term Elizabeth where the heir apparent  of a tenant by knight service be make a knight within age in the life of the  ancestor and the ancestor die the heir be within age he shall not be in ware  nor pay value for his marriage S p resolve   a b   a Inst more leys treat of  ware c say contra bro guard livery b n c foe b Crompt I c b it be find by  office in the county of Somerset the last day of April and Philip and mary  after the death of mary countess of Arundel late wife of Robert earl of Sussex  by force of a writ of diem to shut extremum after the death of the say  countess direct to the escheator of the say county of Somerset that king Henry  by his letterspatent date in the d year of his reign give to the say Robert  earl of Sussex and to the say mary then his wife the reversion of the site of  the abbey of Cleve which be lease for year and also the manor of Cleve and  diverse tenement to have to they and to the heir male of the body of the say  Robert on the body of the say countess beget the remainder over to the heir  male of the body of the say Robert beget by force of which they enter and be  seize accord and that the say Robert die and afterward the say countess the  that day of October last pass before the take of the office die after who  death the say reversion and the say manor and other the premise descend to the  say sir John Ratcliff knight as son and heir male of the body of the say  Robert earl of Sussex beget on the body of the say mary which sir John  Ratcliff knight be of the age of year the that day of December last pass  before the find f the say office and that the premise be hold of the say king  and queen in capite by the six part of a knight fee and this office be return  into the chancery and certify into the court of ware and when the say sir John  Ratcliff come of full age he pray his livery and the court of ware require of  he for the queen the value of his marriage and demand of he what he can say in  discharge of it and he by his counsel say that before the title of wardship  accrue videlicet in the time of king Edward he be make a knight and be find a  knight by the say office by which degree he be enable to do knight service and  wardship be due to the lord in respect of the imbecility of the person to do  knight service a spelm gloss ad v Werda Craig de jure feud wright ten smith  Commonw a for when the lord give land to his tenant to do knight service as  often as there be occasion and the tenant die his issue be within age and so  unable to perform knight service it be reasonable that the lord shall have the  wardship of the land that with the profit thereof he may find one to do the  service b fortesc de laud leg England cap and seldom note thereon smith  Commonw Bac hist England Gov cowel Inst   Litt b wright ten b and the wardship  of the body that he may train he up and instruct he how to do such service  when he be able but when he be make a knight b the king who be the chief  captain Plowden of all chivalry or by some other great captain assign by the  king for that purpose he be thereby allow and admit a   a Inst hob cowel Inst  a able to perform knight service and then his body ought not to be in ware a  because his imbecility cease ei to be remiss causan to be remiss execution and  to enforce this argument they cite the statute of great Charta cap which speak  of knight service have these word in it videlicet and alter such a heir have  be in ware when he come to full age that be to the age of one and twenty year  he shall have his inheritance without relief and without fine so that if such  a heir be within age be make a knight yet Plowden er p nevertheless his land  shall remain in the custody of his lord unto the term aforesaid from which Act  it appear that by the b   a cro I b commonlaw if the ware be make a knight  during his nonage he shall thereby be out of ware both for body and land and  for the detain of the land to the lord advantage the Act be make and if the  degree of a knight shall make he who be in ware to be out of ware by the like  reason c see the book cite ante at the head of the case c if he be make a  knight in the life of his ancestor his person shall never be in war and if it  shall never be in ware then no marriage nor value for the same shall be due to  the guardian for which reason he pray to be discharge of the value of his  marriage and to have his livery and hereupon deliberation be take for the case  have come in question many time before as in the case of the viscount Montague  and other but they have all d so it be do in sir Anthony brown case bro guard  b n c foe b d compound with the king or queen for the time be as it be say but  sir John Ratcliff will not compound but require law and justice for which  reason the court take great deliberation and the rather because the rule of it  will be a precedent to other who be in like case and it depend three year  before they come to a full resolution and at last this easter term in the six  year of the reign of queen Elizabeth they adjudge that he ought not to be in  ware for his body and that the value of the marriage be not due to the queen  and upon this they make their decree as follow videlicet easter term in the  six ear of the lady queen Elizabeth in the book of decree of the court of ware  and livery the decree where the master and counsel of the queen majesty court  of ware and livery have heretofore stay sir John Ratcliff knight and heir of  the body of the right honourable Robert late earl of Sussex and of the lady  mary his wife decease to prosecute his livery forth of the queen majesty hand  although he be of full age the that day of December in the three year of the  reign of our sovereign lady the queen majesty that now be until her highness  be answer of the value of marriage which she claim to have of the say sir John  Ratcliff of which value of marriage the say sir John Ratcliff and his counsel  learned have pretend to be acquit and discharge for that the say sir John  Ratcliff be make a knight by the late king Edward the six before his land and  tenement descend unto he and thereupon the say master and counsel after long  deliberation thereupon have and full resolution thereupon make by the opinion  of sir James dyer knight chief justice of the common bench and of sir Edward  sander knight chief baron of the exchequer assistant unto the say court have  determine decree and order that the say sir John Ratcliff be and ought to be  clear acquit against our say sovereign lady the queen for and concern the  value of his marriage by reason he be make a knight as be aforesaid and  thereby out of ware touch his body and that the say sir John Ratcliff shall  proceed with his say livery without yield make or pay at any time any fine or  sum of money for his say marriage or for the wardship of his body provide  always that this decree shall not in anywise extend to the mean rate of this  land