Respecting the administration of wills during the Commonwealth, we subjoin the following illustrations:—
In relation to a chasm in the Registry of Norwich between 1652 and 1660, the following passage is found in one of the indexes:—"Cætera ab hoc anno desiderantur testamenta. Cæpit jam Cromwelli usurpatoris istius ambitio rabide sævire; cujus sub vexillo grassabantur undique seditio, violentia, rebellio, sacrilegium, et quod (horrendum dictu est) regicidium. Huic sequuta sunt, confusio in ecclesia, in republica militum insolentia, in parochiis factio, in familiis atheismus. Et plebs miserrima cum maximo suo damno et detrimento (apud nescio quæ tribunalia Londinensia) ad Cromwelli libitum, coacta est se sistere ad testamenta proband."—Nicolas's Notitia Hist., 181.
Extract from Council Books, 14th July, 1653:—
"That it be referred to the Judges for Probate of Wills to appoint such persons as they shall think fit to be keeper of the records belonging to that court.
"That all those rooms formerly used for, or called the Star Chamber rooms, be appointed for the keeping of records belonging to the late Prerogative Court; and also for the records of the New Court for Probate of Wills; and for the erecting and establishing of an office there, and fitting places for the officers and clerks belonging thereunto, in such manner as the said judges, or any of them, shall direct."
"Patent Roll, 1655, p. 3, No. 46.—Mainby. Salary as a Commissioner for Probate of Wills."
"Patent Roll, 1654, p. 4, No. 46.—Lucy." Similar entry.
Amongst Petitions and Reports Intereg., W.Z. No. 246, there is a paper respecting probates, dated 9th of January, 1655.
[76] Scobell, 279.
[77] Yet they were constantly subject to the control of the Protector and Council of State; these without being formally constituted a court of appeal, were so in fact. Take the following instance from the council books:—