The Principal Laws of England, Treatise · Part 43
❧ An acte for probate of testamentes made .ā. xxi Hē. viii.
NOthing shalbe takē by any person that hath auctoritie to take probation insinuation or approbation of any testament for the probation of the same, where the goodes of the testatour do not amounte aboue the value of .C. shillinges. Excepte to the scribe for writing therof .vid. And for the commission of ministration of the goodes of any dieng intestate not being likewise aboue .C. shillīges, vid. Also none hauing power to take probation of testamentes shall refuse to approue such testamentes being lawfully offred vntounto them in writinge wt wax therto affixed redy to be sealed, so that the same be lawfully proued before y• same ordinarie to be trew. And when the goodes of the testatour do amount aboue the value of .C. shillinges & not excede the summe of xl.li, none shal take for the probation regestring sealing and writinge of any such testament aboue the summe of iii s.vi d. wherof to be to them y• hauehave auctoritie to take the probation .ii s. vi d, and the other .xii d. to the scribe for regestring of the same.
And where the goodes amoūt aboue xl.li. than onelyonly .v. shyllynges to be taken, wherof to be to them that hauehave auctorite to take the probation .ii s. & .vi d. and thother .ii s. vi d. to be to the scribe for y• regestring or els if he wyl refuse that .ii s. vi d, then he to hauehave for eueryevery .x. lines of the same testamēt eueryevery line conteyning in length .x. inches, i d.
And they that hauehave auctoritie as is aboue sayde shall approue insinuate seale and regester the sayde testamentes and deliuer the same sealed wyth the seale of their office to thexecutours for the sommes abouesaid & that with conuenient spede without any frustratorie delay.
And if any person dye intestate or thexecutours refuse to proue the said testament: than they hauing auctoritie as is abouesaid, shal grauntthadministration of y• testatours goodes or person disceased to the widowe of the same person deceased or to ye next of kinne or to both after their discretiō, taking suretie of them for ye trewe administration of the goodes & dettes whiche they shall be so authorised to minister. And where one or diuers claime thadministration as nexte of kin which be egal in degre of kinred, or where any one persone desireth the administration as nexte of kin where in dede diuers persones be in equalitie of kinred: then in any such case the ordinarie shalbe at libertie to take one or mo making request. And where diuers do require the administration, or where but one or mo of them and not al being in like degre, make request: than the ordinarie shal admit the widowe and him or them onelyonly making request or any of them, taking nothīg for the same where the persone deceased died not worth C.s. And if he died worthe C.s. and not aboue xl.li: than ijs. vi d. onelyonly to be taken. And thexecutor or administratour callinge to him the dettors two at ye least or such persons to whome any legacie was made and if they refuse than .ii. nexte of kin to the persone deceased and in their defaute .ii. other honest persons shal by their discretions make a trew inuentory indented of al the goodes, whiche persons sweringe before the bishoppe or his officers to be trewe: shal deliuer the one parte therof vntounto them, & the other kepe with himselfe. And none hauinge authoritie to take probate of testamentes vponupon payne conteined in this statute shall refuse to take any such inuentory presented or tended to them.
Prouided, if any person shall dispose or wil by his testament any landes or hereditamentꝭ to be solde, that the mony or profites of ye same be accōpted for goodes or catels. And they hauing the auctorite abouesaid vponupon the deliuerie of the seale and sygne of the testatour shall cause y• same to be defaced and incontinent shall redeliuer it to y• executor wtout any claime. And if any require a copy of the testament and inuentory: than they hauīg auctoritie or their ministers, shal wt out frustratorie delay, delyuer them a copy taking therfore and for the regestring of the same (or els for eueryevery ten lines. i d) as before is specified.
Prouided, that where they hauing auctoritie as is abouesaid hauehave vsed to take lesse for the probate of testamentes or other thinges concerning the same than is here specified: they shal take as they did before this acte.
Now if any that hauehave auctoritie to take probate of testamentes or their ministers do attempte agaynste this acte: they shal forfete for eueryevery time to the partie greued as moche mony as they shall take contrary to this acte. And ouer that .x.li, the one half to the king, the other to the partie greued, yt wil sue by action of dette bil information or otherwise in any of the kinges courtes, wherin no essoine protection nor wager of law shalbe alowed, And eueryevery of them shalbe charged for him selfe and for none other.
Prouided, that eueryevery hauing auctoritie abouesaid, may cal before them eueryevery person named executour, to the intent to proue and refuse the testament and to bring in inuentaries and to do eueryevery other thinge concerninge the same, as they myght before this acte, so that neither they nor their ministers shal take aboue the fees limited by this acte.