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Spiritual Ordinances of 1594

Published online by Cambridge University Press:  12 January 2024

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Summary

I. The clergy's right to a fishing boat

1. First, that the bishops shall have their herring scout and their fishing boat, freely and frankly, without any tithes paying, wheresoever they land in this isle. In like manner had the abbot, the priors, the archdeacon.

2. Also, all parsons, vicars of the thirds or pension instituted, shall always choose their fishing boat at Easter time, and their scout at herring fishing time, whether their fishing be about this land or elsewhere.

II. Probate of wills and administration of the goods of those who have died intestate

3/2. Also, that everyone that dieth intestate, that the bishop or his vicars-general shall constitute, and ordain his children legitimately begotten, to be jointly executors, provided always those being unmarried, and those that are married, their dowry cutteth them off from having any further portion of goods.126

4/3. Also, if any make their testament and leave not six pence legacy unto their children unmarried (legitimately begotten) or the value thereof, that then the ordinary may lawfully make him or her executors with the rest.127

5/4. Also, if any die intestate, having no children legitimately begotten, but only base children, then the ordinary shall make and ordain his next of kindred, both of father's and mother's side, to be lawful executors, and the base begotten to be rewarded of charity, at the discretion of the ordinary.128

6/5. Also, that every man and wife which depart this life upon the south side of the isle do stand in one effect, that is to say, the man to have the one half and the wife the other half, provided always that the debts temporal be paid out of the whole, and the debts spiritual out of the dead his part.129

7/6. Also, upon the north side of the isle, in case a man or wife depart this life having no children or issue, the wife hath the one half and may bequeath it to whom she will; and in like manner it is upon the south side of this isle. But in case there be any issue or children, lawfully begotten, then if the man depart, the goods movable are divided into three parts, viz., one part to the executors, another part to the dead, and the third part to the wife.

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Publisher: Boydell & Brewer
First published in: 2024

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