April 1653: An Act for Probate of Wills, and granting Administrations.

April, 1653

[8 April, 1653.]

Judges for the Probate of Wills, and granting Administrations constituted.; Their Power.

For the administration of Justice in the cases of Probates of Wills, and granting of Administrations in the late Provinces of Canterbury and York, Be it Enacted by this present Parliament, and the authority thereof, That Sir Anthony Ashley-Cooper Baronet, Sir Henry Blount, Matthew Hales, William Steel, John Sadler, Charls-George Cock, Thomas Manby, Thomas Blount, Josias Berners, John Desborow, Samuel Moyer, Matthew Thomlinson, John Fountain, John Fowk, William Packer, Esqs; Mr. Hugh Peters, Sir William Roberts, John Mansel, John Rushworth, John Sparrow junior, Esqs; or any five or more of them, shall be, and are hereby constituted and appointed Judges for the Probate of Wills, and granting of Administrations in all and every the Counties and Cities of England and Wales; and shall and may use, exercise and put in execution, all such further Powers and Authorities touching the Probate of Wills and granting of Adminisstrations, with the Incidencies and Dependancies thereupon in the late Provinces of Canterbury and York, that Sir Nathaniel Brent lawfully did or might have done in the late Province of Canterbury: And shall and may, if they see cause, divide themselves into several places for the executing of the power given them by this Act, so as there be five of them present there; and that they, or any five or more of them, shall and may issue out Commissions, Proces and Proceed, to hear, sentence and decree all matters touching Wills, Administrations and Inventories; and also the Incidencies, Emergencies and Dependancies thereupon in all places in England and Wales, as the said Sir Nathaniel Brent lawfully might have done in the late Province of Canterbury: And that they do and execute all other things necessary and incident to the execution of the premises; and that they or any five or more of them, shall and may hear, sentence and decree all matters and things touching Wills, Administrations and Inventories, that were depending before the said Sir Nathaniel Brent the day of his decease, Saving unto every person and persons, Body Politique and Corporate, all such Right, Title and Interest, that they or any of them have for the execution of any of the Authorities concerning the premises, given by this Act.

How the Fees and profits arising by the Probate of Wills shall be disposed.

And be it further Enacted, That the profits which shall arise during the continuance of this Act, by lawful Fees for the Probate of Wills, and granting Administrations, and likewise all Fees to be taken by the Registers, shall be imployed for the use of the Navy, and the satisfying such Clerks, and such other Ministerial Officers as shall be necessary for to be imployed in the said service: and that Dennis Bond, Cornelius Holland, Francis Allein and John Downs, Esquires, Commissioners for inspecting the Treasury, or any three of them, do and shall direct and appoint, the Fees and Salaries that shall be allowed and paid unto such Clerks and Ministerial Officers as shall be imployed as aforesaid; which said Fees and Salaries shall be paid out of the said growing Profits, by Warrant from the said Commissioners or any three of them: And the remainder of the said Profits shall be paid according to the Warrant of the said Commissioners, for the use of the Navy.

Commissioners for inspecting the Treasury may call all persons to accompt.

And be it further Enacted, That the said Commissioners shall and may call all such persons to an Accompt that shall receive any of the said Profits: And in case such person shall refuse to Accompt, or pay the Monies so received, that then they or any three of them may secure the person of such Offender, until he shall Accompt or pay in the Monies.

This Act to continue til 1. Oct. 1653.

Provided always, That this Act shall be in force until the First day of October, which shall be in the year One thousand six hundred fifty and three, and no longer.