Probate Fees, Inventories, etc. Act 1529
| Jurisdiction | UK Non-devolved |
| Citation | 1529 c. 5 |
| Year | 1529 |
(21 Hen. 8) C A P. V.
'WHERE in the Parliament holden atWestminster , in the Thirty first Year of the Reign of the noble Kingof famous Memory, Edward the Third, upon the Complaint of his People for the outrageous and grievous Finesand Sums of Money taken by the Ministers of Bishops, and of other Ordinaries of Holy Church, for the Probate of Testaments, and for the Acquittances by the said Ordinaries to be made concerning the same, the said noble King in the same Parliament, openly charged and commanded the Archbishop ofCanterbury , and the other Bishops for the time being, that Amendment thereof should be had; (2) and if none Amendment were thereof had, it was by the Authority of the same Parliament; accorded, that the King should thereof make Inquiry by his Justices, of such Oppression and Extortions; and that the same Justices should hear and determine them as well at the Suit of the King, as of the Party, as of old Timehath been used, as by the same Statute plainly appeareth. (3) And where at the Parliament holden atWestminster , 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 Probationof Testaments, and other Things thereunto belonging, sometimes xl. s. sometimes lx. s. and sometimes more, against Right and Justice, where in the Time of King Edward the Third, Men were wont to pay for such Causes but ii. s. vi. d. or v. s. at the most, by which unlawful Exactions the Testaments of the Testators might not be executed according to their last Wills; (4) it was then enacted, for the avoiding of such Oppressions, That no Ordinary from thenceforth should take for the Probation of any Testament or Inventory, or for any other Thing to the same belonging, any more than was accustomed and used in the Time of the said noble King Edward the Third (5) upon Pain to yield to the Party so grieved, Three Times as much as the said Ordinaries did so receive; (6) which Act did endure but to the next Parliament following, by reason that the Ordinaries did then promise to reform and amend the said Oppressions and Exactions; (7)and for that the said unlawful Exactions of the said Ordinaries, and their Ministers, be nothing reformed nor amended, but greatly augmented and increased, against Right and Justice, and to the great impoverishing of the King's Subjects:'
II. The King our Sovereign Lord, by the Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliamentassembled, and by Authority of the same, hath ordained, established, and enacted, That from the Fifth Day ofApril , in the Year of our Lord M.D.XXX. that nothing shall be demanded, received, nor taken by any Bishop, Ordinary, Archdeacon, Chancellor, Commissary, Official, or any other Manner of Person or Persons, whatsoever they be, which now have, or which at any Time hereafter shall have Authority or Power to take or receive Probation, Insinuation, or Approbation of Testament or Testaments, by himself, or themselves, nor by his or their Registers, Scribes, Praisers, Summoners, Apparators, or by any other of their Ministers, for the Probation, Insinuation, and Approbation of any Testament or Testaments, or for writing, sealing, praising, registering, Fines, making of Inventories, and of giving of Acquittances, or for any other Manner of Cause concerning the same, where the Goods of the Testator of the said Testament, or Person so dying, do not amount clearly over and above the Value ofC. s. Sterling, (2) except only to the Scribe to have for writing of the Probate of the Testament of him deceased, whose Goodsshall not be above the same clear Value ofC. s. vi. d. (3) and for the Commission of Administration of the Goods of any Man deceasing intestate, not being above like Value of C. s. clear vi. d. (4) and that nevertheless, the Bishop, Ordinary, or other Person or Persons having Power or Authority to take or receive the Probation or Approbation of Testaments, refuse not to approve any such Testament, being lawfully tendered or offered to them to be proved or approved, whereof the Goods of the Testator, or Person so dying, amount not above the Value of C. s. Sterling, so that the said Testament be exhibited to him or them in writing, with Wax thereunto affixed ready to...
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