1652 Probate Decree Concerning Thomas Ryves Will
Introduction
Dated: Prerogative Court of Canterbury, 10 Jul 1652Recorded: Piece 221 (Bowyer), folio 136 reverse
Transcript
In the Name of God Amen having heard seene and understood and fully and maturely discussed by us Nathanaell Brent Knight Doctor of Lawes and Master or Keeper of the prerogative Court the meritts or curcumstances of testamentary cause or probation by witnesses of the last Will and Testament with a codicill annexed of Thomas Rives Doctor of Lawes late while hee lived of the parish of Saint Clements Danes in the County of Middlesex Deceased which was promoted & before us in judgment by Dame Elizabeth Rives the Relict and Sole executrix of the Last Will and Testament of the said deceased of theire parte, And George Rives Gentleman the naturall and lawfull Nephew by the Brothers side of the said deceased in speciall and all and singular others whosoever in generall having or pretending to have any right title, or interset in the goods chattells, and creditts or in the last Will and Testament with the Codicill annexed of the said deceased having whilest he lived goods chattells and creditts sufficient to found the jurisdiction of this court) parties against whome this cause is promited, and now dependeth in Judgment before us not yet determined. And was the judge aforenamed rightly and lawfully proceeding And the said Elizabeth Rives lawfully appearing before us by her procureacon and desiring sentence and justice for her parte to be given But the said George Rives in Speciall and all others in generall (having bin rightly and peremptorily cited intimated and publiquely called to appeare in this cause not appearing, but contumariously a?senting themselves wee having well and diligently considered the whole proceedings before us in the cause)and saveing and reserving by us these things which ought to be reserved) wee have thought fitt to proceede to the promulgation of this our diffinitive sentence or finall decree in the b?? and paire? of contumacy of the said George Rives in speciall and all others in generall soe cited intimated and publiquely called and not appearing in manner following. Because by the Arts and things inactitated, deduced, alledged, exhibited conferred and proved in this cause, wee have evidently found the intention of the said Elizabeth Rives the Relict and executrix aforesaid in the Articulate Allegation, and in the Originall last Will and Testament and Codicill thereunto annexed given, Exhibited and admitted in the Cause and remayning in the Registrie of this Court (to which reference is to be had) and herewith read, and understood) to bee fully founded and sufficiently proved And having not found any thing alleged propounded admitted or desired to bee admitted or proved on the parte and behalfe of the said George Rives in speciall or all or any others whosoever in generall having or pretending to have any right, title or interest in this behalfe being as aforesaid cited intimated and publiquely called and contumaciously absenting themselves whereby to impedite or hinder our promulgation of sentence in this business for and in the behalfe of the said Elizabeth Rives or any thing alledged or proved by or for her wherefore was the said Nathanael Brent knight Doctor of Lawes and Judge above named (setting God before our eyes and in due respect to due justice and Right in this Cause, and upon full information and consultation with expert men in the Lawe) Doe declare and pronounce the originall written will with the codicill annexed Exhibited in this cause on the parte and behalfe of the said Dame Elizabeth Rives the executrix aforenamed to bee the true Last Will and Testament and codicill of the said Thomas Rives Doctor of Lawes the Testament aforesaid deceased And wee doe now pronounce this our sentence and finall Decree for the validity thereof and doe infirmate the same will and condicill and decree the same to bee Registered in this Court for the last Will and Testament of the said Thomas Rives Doctor of Lawes deceased which wee doe by this our diffinitive Sentence, or finall Decree in writing as aforesaid G S Weit. Na: BrentThis sentence was read, and promulgated by the said Sir Nathanaell Brent in the lying Roome within the Doctors Comons London the Tenth Day of July One thousand six hundred fiftie two in such manner and forme as by the Arts of Court the same day expedited appeares