Index to wills proved in the Peculiar Court of Banbury, 1542-1858 / edited by J.S.W. Gibson ; custumal, 1391, and Bye-laws, 1386-1540, of the Manor of Islip / edited by Barbara F. Harvey.

  • Banbury (Oxfordshire, England). Peculiar Court.
Date:
1959
Catalogue details

Licence: In copyright

Credit: Index to wills proved in the Peculiar Court of Banbury, 1542-1858 / edited by J.S.W. Gibson ; custumal, 1391, and Bye-laws, 1386-1540, of the Manor of Islip / edited by Barbara F. Harvey. Source: Wellcome Collection.

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    cases the visitant or vacancy jurisdiction acted only proforma, immediately reappointed all officers of the inhibited or dissolved Court, and directed it to carry on by Commission. Some of the Episcopal Consistory Courts were administered by Commission—as could be any Court. The commissary of the Archdeacon was termed his ‘Official’ and in very many Archdeaconries there are nominally two Courts—that of the Commissary of the Bishop for the Archdeaconry and that of the Official of the Archdeacon therein. Almost always the Bp’s Commissary and the Official of the Archdeacon are the same Solicitor and the records of both Courts are kept to- gether. The same is often true of other concurrent jurisdictions: but not invariably. The small man mostly proved in the lowest permissible Court—probably it involved less trouble and the fees were smaller—a consideration— ; For who so woll prove a testament That is not worth all tenne pound - He shall pay for the parchment The third of the money all round. Pol. Poems and Songs, ed. Wright. 1.323. “‘The constables of Nottingham at the Court Leet present the Master Official [of the Archdeacon] for excessive and extorcious taking of fees for probate of testaments’’. Selden Soc. Records, III 364. —but from early days people of property largely went to the Prerogative Courts, both as having greater weight and better care of their records in case of later dispute. Up to the early—or even mid—XVIII century it seems to have been quite usual among small folk not to prove the Will at all it there were no dispute; saving bother, delay, and fees; it being no one’s business to interfere. This may explain puzzling cases where no record of a Will can be found in spite of almost complete certainty that one existed. In earlier times Wills were proved very promptly; generally within a month, scmetimes in days. As time passed legal complexity made “the laws delays” a catch phrase and the compiler has recently come across an early XIX century Will not not proved for eleven years owing to trifling irregularity. Those who had made no will and believed themselves dying could hurriedly summon ‘credible witnesses’ and declare their wishes verbally. The witnesses were later sworn, and the Court being satisfied with their Depositions allowed the substance as a Nuncupative Will. This privilege is now commonly limited to combatants on Active Service. Sometimes during long, testamentary Trusts—the compiler has met with one lasting over 200 years—trustees and beneficiaries died to an extent requiring further direction by the Court. In such cases a Second Probate or even a Third, may be granted. The particulars are generally entered in the margin of the Register copy of the Will and are often of the greatest genealogocal value as giving dates of deaths of original beneficiaries and names and births of their children. It may happen that where two Exors. are named only one is immediately available and Probate is granted to him ‘with power reserved to A.B. the remaining Exor.’ Should the second Exor. apply for inclusion the Court may give a regrant of Double Probate. The entry Admon. with Will annexed usually means that the testator left a perfectly good Will but that either through death or renunciation the exors. named are not available and Administration has to be granted to the next of kin (as a rule) to act Exor. to the Will. Where a Will is irregular, unsigned, interlined, unwitnessed, etc., the procedure is similar to that with a Nuncupative Will. Witnesses dépose to the recognisable handwriting or known intentions of the testator. A similar procedure is used in reproving the Will proved outside Great Britain of one having Bon. Not. therein. These and other Depositions should be recorded in some sort of Register or Act Book. The Court may accept such a Will by Sentence. In some cases of minor irregularity—and in registration of ‘foreign’ wills—the Registrar(?) can pass the Will by Decree. Disputed Wills after trial before the appropriate Court are entered by Sentence and are filed PCC though the Proceedings of the Court may be in PRO or elsewhere. PCC (and possibly other Courts—if any) Wills pr. by Sentence are often Calendared together under letter ‘‘S’’ [Sententiae] and NOT under the initial of the testator’s surname. The beneficed Clergy—sometimes Rectors only—are generally obliged to prove in the Court of their Bishop. Up to the Reformation—and even later—transcripts of their wills, and of others as occasion required, may be found in the Episcopal Register of Bishops’ Books which are generally kept in the diocesan Registry—which is entirely distinct from the Probate Registry. A good many such are Calendared in print and the references are NOT always given here; so see Select Biography of English Genealogy, H. G. Harrison, 1937. Viil