Page:Ruffhead - The Statutes at Large - vol 2.djvu/177

 A. D. 1529. Anno vicefimo primo Hf.nrici VIII. C. 5. ijo. niftcrs //'. s. vi. d. and not above, an&ii.s.vLd. Refidue of the fajd v.j. to be to the Scribe fox rehiring of the fame, (4) or elfe the Cunt: Scribe to be at bis Liberty to refufc thofe ii.s. vi.d. and to demand an I for writing of every Ten Lines of the fame Teftament, whcreol ev :ry Line to contain in Length Ten L I e) and that every Inch BiShop or Ordinary, and other Perfon or Perfons fo having, or which hereafter TVftiir-cnti ft«l| Qull have Authority or Power to take or receive the Probation or Approbation of any Teftament or T as is abovefaid, their Registers, Scribes, and Minifters Shall approve, infmuate, Teal, and time to time, the faid Teftaments, and deliver the Came Sealed with the Seal of their Office, to the 1 utor or Executors named in any Inch Tcftaments, for the faid Sum or Sums abovefaid, and in Manner and T'orm as is above rehearfed, todeliver it with convenient Speed, without any fruftratory Delay; {'■) ' and in cafe any Perfon die inteftate, or that the Executors named in any fuch Teftament refufi ive the p ' rj ^' c (aid Teftament, then the faid Ordinary, or other Perfon or Perfons having Authority to take Probated c Teftament';, as is abovefaid, Shall grant the Adminiftration of the Goods of the Teftator, or Perfon de- In ceafed, to the Widow of the fame Perfon deceafed, or to the next of his Kin, or to both, as by the Difcre- * s : 3 6 - tion of the fame Ordinary (hall be thought good, taking Surety of him or them, to whom fhali be made fuch ' Commission, for the true Adminiftration of the Goods, Chattels, and Debts, which he or they lhall I authorized to minifter; (7) and in cafe where divers Perfons claim the Adminiftration as next of Kin, : which be equal in Degree of Kindred to the Teftator or Perfon deceafed, and where any Perfon only de- Cro, El. 1O3. flreth the Adminiftration as next of Kin, where indeed divers Perfons be in Equality of Kindred, as is afore- faid, that in every fuch Cafe the Ordinary to be at his Election and Libeny to accept any one or mo making n.ti^.'on nitn '' Requeft, where divers do require the Adminiftration. ted.when IV. Or where but One or more of them, and not all being in Equality of Degree, do mak: Requeft, divas do requeft then the Ordinary to admit the Widow, and him or them only making Requeft', or any One of them at »• his Pleafurc, taking nothing for the fame, unlets the Goods of the Perfon fo deceafed amount above the How '■' Value or Sum of C. s. (2) and in cafe the Goods of the Perfon fo deceafed amount to above the Value of ,* ar) ' a,i ' i C. s. and not above the Value or Sum of xl. li. then the faid Bifhop, Ordinary, or other Perfon or Perfons j ng ofAdnrini- fo having Authority to take Probate of Teftaments, as is aforefaid, their Minifters and Officers fhall take rtration. only it. s. vi. d. Sterling, and not above; (3) and that the Executor and Executors named by the Teftator, 3 lift. '43. or Perfon fo deceafed, or fuch other Perfon or Perfons to whom fuch Adminiftration fhall be committed l where any Perfon dieth inteftate, or by way of inteftate, calling or taking to him or them fuch Perfon or whomlnftull be Perfons, Two at the leaft, to whom the faid Perfon fo dying was indebted, or made any Legacy, and upon ma de, and to their Refufal or Abfence, Two other honeft Perfons, being next of Kin to the Perfon fo dying, and in their Default and Abfence Two other honeft Perfons, and in their Prefencc, and by their Difcretions, fhall » Roll 35S. make, or caufe to be made, a true and perfect Inventory of all the Goods, Chattels, Wares, Merchandises, as well moveable as not moveable whatsoever, that were of the faid Perfon fo deceafed, (4.) and the fame fhall caufe to be indented, whereof the One Part Shall be by the faid Executor or Executors, Admini- strator or Adminiftrators, upon his or their Oath or Oaths, to be taken before the faid Bifhops, or Ordinaries, their Officials, or CommifTaries, or other Perfons having Power to take Probate of Tefta- ments, upon the Holy Evangelift, to be good and true, and the fame One Part indented fliall prefent and deliver into the keeping of the faid Bifhop, Ordinary, or Ordinaries, or other Perfon having Power to take Probate of Teftaments, and the other Part thereof to remain with the faid Executor or Executors, Administrator or Administrators; (5) and that no BiShop, Ordinary, or other whatfoever Perfon, having Authority to take Probate of Teftament or Teftaments, as is abovefaid, upon the Pain in this Eftatute hereafter contained, refufe to take any fuch Inventory or Inventories to him or them prefented or tendered to be delivered as is aforefaid. V. Provided always, That if the Perfon fo deceafed will by his Teftament, or laft Will, any Lands, Te- The Profits of nem.en.ts, or Hereditaments, to be fold, that the Money thereof coming, nor the Profits of the faid Lands, r h 1 e, L T!, M S to , bs for any Time to be taken, fliall not be accounted as any of the Goods or Chattels of the faid Perfon accounted the E fo deceafed; (2) and that the' fame BiShop, Ordinary, or other Perfon or Perfons, having Authbrit-y to take Tcftator's Probate of Teftament or Teftaments, as is aforefaid, upon the Delivery of the Seal and Sign of theTeftator, do Goods, caufe the fame Seal to be defaced, and thereupon incontinent redeliver the fame Seal unto the faid Executor D >' cr 26 4-?'-• or Executors, without Claim or Challenge thereunto to be made. (3) And in cafe any Perfon or Perfons, f ltz- E * ec> *» at any Time hereafter, require a Copy or Copies of the faid Teftament fo proved, or of the faid Invento- xh e Teftator' ries fo made, that then the faid Ordinary or Ordinaries, and the other Perfons having Authority to take Seal ft.-.;; Probate of Teftaments, or their Minifters, fliall from time to time with convenient Speed, without any fa «d- fruftratory Delay, deliver, or caufe to be delivered, a true Copy or Copies of the lame, to the faid Perlbn "} lie Fce for, or Perfons fo demanding them, or any of them, (4) taking for the Search, and for the making of the Copy " ^ ~ J ( , C °" of either of the faid Teftament or Inventory, but only fuch Fee as is before rehearfed for the regiftering me nts or In-" of the faid Teftament; or elfe the Scribe or Register to be at his Election and Liberty to demand, have, veotaries. and take for every Ten Lines thereof, being of the Proportion before rehearfed, i. d. VI. Provided alway, That where any Perfon or Perfons having Power or Authority to take Probate of Cuftom to tske Teftaments, have ufed to take lefs Sums of Money than is above faid, for the Probate of Teftaments, or lefs Money for Commissions of Administrations, or other Caufe concerning the fame, Shall take and receive fuch Sum or ^ roba 5 e -. than " Sums of Money for the Probate of Tcftaments and Commiflions of the Administrations, and other Caufes r "' ' concerning the fame, as they before the making of this Act have ufed to take, and not above. VII. And it is enacted, That every BiShop, .Ordinary, Archdeacon, Chancellor, Commillary, Official, The Fofeiture and other Perfon or Perfons having, or which hereafter Shall have Authority to take Probate of Teftaments, ot " ch e Ordinary their Registers, Scribes, Praifers, Summoners, Appnrators, and all other their Minifters whatfoever they and h ' s 0ffi "rs be^ that Shall do or attempt, or caufe to be done or attempted againft this Act or Ordinance in any Thing, ^Thln *° Shall forfeit and lofe for every Time fo offending, to the Party grieved in that Behalf, fo much Money as any traYy to this""" fuch Perfon abovefaid fhall take contrary to this prefent Act; (2) and over that Shall lofe and forfeit x. li. statute's T 2 Sterling,