Page:Ruffhead - The Statutes at Large - vol 2.djvu/176

,8 C. 5. Anno vicefirno primo Henrici VIII. A. D. 1529; 31 Ed. 3. fiat. I, c 4 Larch 68. 3 iEJ. 3 .J?at.j. 3 H The Ordinaries Duties for Pro- bate of Testa- ments in' the Time of King Ed. 3. The unlawful Exactions of Ordinaries the Caufe of this Statute. 4lnft. 336. The Fees for Probate of a Tenement, C A P. V. What Fees ought to be taken for Probate of Teftaments. 07HERE in the Parliament holden at Weftminfter, in the Thirty firft Year of the Reign of the noble V King of famous Memory,. Edward the Third, upon the Complaint of his People for the outra- geous and grievous Fines and Sums of Money taken by the Minifters of Bifhops, and of other Ordinaries of Holy Church, for the Probate of Teftaments, and for the Acquittances by the faid Ordinaries to be made concerning the fame, the faid noble King in the fame Parliament, opehly charged and commanded the Archbifhop of Canterbury, and the other Bifhops for the time being, that Amendment thereof fhould be had ; (2) and if none Amendment were thereof had, it was by the Authority of the fame Parliament accorded, that the King fhould thereof make Inquiry by his Juftices, of fuch Oppreffion and Extortions; and that the fame Juftices fhould hear and determine them as well at the Suit of the King, as of the Party, as ofold Time hath been ufed, as by the fame Statute plainly appeareth. (3) And where at the Pailiament holden at Wejhninjhr, in the Third Year of the Reign of King Henry the Fifth, it was recited, That the Commons of the Realm had oftentimes complained them in divers Parliaments, for that divers Ordinaries do take for the Probation of Teftaments, and other Things thereunto belonging, fometime xl.s. fome- time Ix. s. and fometimes more, againft Right and Juftice, where in the Time of King Edward the Third, Men were wont to pay for fuch Caufes but ii.s. vi. d. or v. s. at the moft, by which unlawful Exactions the Teftaments of the Teftators might not be executed according to their laft Wills; (4) it was then enafted, for the avoiding of fuch Oppreffions, That no Ordinary from thenceforth fhould take for the Probation of any Teftament or Inventory, or for any other Thing to the fame belonging, any more than was accuftomed and ufed in the Time of the faid noble King Edward the Third, (5) upon Pain to yield to the Party fo grieved, Three Times as much as the faid Ordinaries did fo receive; (6) which Act did endure but to the next Parliament following, by reafon that the Ordinaries did then pro- mife to reform and amend the faid Oppreffions and Exactions; (7) and for that the faid unlawful Ex- actions of the faid Ordinaries, and their Minifters, be nothing reformed nor amended, but greatly aug- mented and increafed, againft Right and Juftice, and to the great impoverifhing of the King's Subjects :' II. The King our Sovereign Lord, by the Affent of the Lords Spiritual and Temporal, and the Com- mons, in this prefent Parliament affembled, and by Authority of the fame, hath ordained, eftablifhed, and' enacted, That from the Firft Day of April, in the Year of our Lord M.D.XXX. that nothing fhall be demanded, received, nor taken by any Bifhop, Ordinary, Archdeacon, Chancellor, Commiffary, Official,, or any other Manner of Perfon or Perfons, whatfoever they be, which now have, or which at any Time where the Goods hereafter fhall have Authority or Power to take or receive Probation, Infmuation, or Approbation of Tefta- exceed not the m ent or Teftaments, by himfelf, or themfelves, nor by his or their Regifters, Scribes, Praifers, Summo- ' tiers, Apparators, or by any other of their Minifters, for the Probation, Infmuation, and Approbation of any Teftament or Teftaments, or for writing, fealing, praifing, regiftering, Fines, making of Inventories, and of giving of Acquittances, or for any other Manner of Caufe concerning the fame, where the Goods of the Teftator of the faid Teftament, or Perfon fo dying, do not amount clearly over and above the Va- lue of C.j. Sterling, (2) except only to the Scribe to have for writing of the Probate of the Teftament of Commisfionof him deceafed, whofe Goods fhall not be above the fame clear Value oi C.s.vi.d. (3) and for the Com- Adrniniftration miffion of Adminiftration of the Goods of any Man deceafmg inteftate, not being above like Value of where the Goods Q m j, dear vi. d. (4 J and that neverthelefs, the Bifhop, Ordinary, or other Perfon or Perfons having Power vT'e of°C s or Authority to ta ke or receive the Probation or Approbation of Teftaments, refufe not to approve any fuch Teftament, being lawfully tendered or offered to them to be proved or approved, whereof the Goods of the Teftator, or Perfon fo dying, amount not above the Value of C. s. Sterling, fo that the faid Teftament be exhibited to him or them in writing, with Wax thereunto affixed ready to be fealed, and that the fame Tef- tament be lawfully proved before the fame Ordinary (before the fealing) to be true, whole, and the laft: Teftament of the fame Teftator, in fuch Form as hath been commonly accuftomed in that Behalf. III. And when the Goods of the Teftator do amount over and above the clear Value of C. s. and do not The Fees of the exceed the Sum of xl. li. Sterling; that then no Bifhop, Ordinary, nor other Manner of Perfon or Perfons, Probate of aTef- whatfoever he or they be, now having, or which hereafter fhall have, Authority to take Probation or Ap- •^c'^dTe ^ ro ^ at ' on of any Teftament or Teftaments, as is aforefaid, by themfelves, nor any of their faid Regifters, Scribes, Praifers, Summoners, Apparators, nor any other their Minifters, for the Probation, Infmuation, and Approbation of any Teftament or Teftaments, or for the regiftring, fealing, writing, praifing, ma- king of Inventories, giving of Acquittances, Fines, or any other Thing concerning the fame, fhall take, or caufe to be taken of any Perfon or Perfons but only Three Shillings vi. d. and not above, (2) whereof to be to the faid Bifhop or Ordinary, or to any other Perfon or Perfons having Power and Authority to take ceed C. s. and not xl. li. 2 Roll 15S 263, 449. p' jC , Fees ? f tlie the Probation or Approbation of any Teftament or Teftaments, for him and his Minifters it, s. vi. d. and Teftament * not a1 ° ove > an( ^ xtu d- Refidue of the faid Hi. s. vi. d. to be to the Scribe for the regiftring of the fame ; ( 3 ) where the Goods an( i where the Goods of the Teftator, or Perfon or Perfons fo dying, do amount over and above the clear ■to exceed si. JU Value of xl. li. Sterling, that then the Bifhop nor Ordinary, nor other Perfon or Perfons, now having, or which hereafter fhall have Authority or Power to take Probate of Teftaments, as is aforefaid, by him or themfelves, nor any of his or their faid Regifters, Scribes, Praifers, Summoners,- Apparators, or any other their Minifters, for the Probation, Infmuation, and Approbation of any Teftament or Teftaments, or for the regiftring, fealing, writing, praifing, making of Inventories, Fines, giving of Acquittances, or any Thing concerning the fame Probate of a Teftament, fhall from the Firft Day of April, take, or caufe to be taken of any Perfon or Perfons, but only' v.s. and not above, whereof to be to the faid Bifhop, Ordinary,, or other Perfon having Power to take the Probation of fuch Teftament or Teftaments, for him and his Mi- nifters