The Lower House. 271

whereby the Justices had Power to appoint a Register: Likewise in
the same Book Folio 32. An Act for assuring of Titles to Land ;
in which all Persons inheriting by Testaments, were empowered to
enter with the Register of every Court their Title, Also, in the same
Book Folio 61, the following Entry, viz. " Memorandum, That at
the first meeting of the Assembly on the 25^th Day of February 1638,
was enacted and ordained one Act as followeth " — precedent to
which the former two Acts were recorded; but we cannot discover
any Dates, so as to shew the Time they were enacted.

We find in Liber S Folio 18, in the said Office, a Will recorded,

L.H.J.
Liber No. 46

and Probat of a nuncupative Will, taken before William Bretton,
the 15^th April 1658. We also find in the same Book, Folios 74, 75
and 76 the will of John Lloyd, dated June 26. 1658, recorded, and
two of the subscribing Witnesses to the same sworn to the Proof
thereof, before William Bretton; and the said Bretton, who likewise
was a subscribing Witness to the same Will, was sworn to prove
the same before Philip Calvert Esq. And we likewise find in the
same Book, Folio 76 and 77, that the said Philip Calvert Esq^r is
stiled Judge in Testamentary Causes, and Secretary.
And we are informed by the Clerk of the Provincial Court, that
he has seen several Wills and Testamentary Affairs recorded in the
Books in the said Office; but not being regularly alphabeted, they
cannot without Difficulty be found.
We also find in the aforesaid Lib. C and W H, Folio 73, Bills
enacted for Laws, at the Session of General Assembly, 12^th August
1641, one Act entituled, An Act for Causes Testamentary; wherein

is containerd, among other Thing's that the Lieutenant General, or,

in his Absence, his Deputy, or other the first Councillor resident in
the County, shall prove Wills, and grant Administrations, and exer-
cise all temporal Jurisdictions to Testamentary Causes appertaining.
We also find in Liber W. H. Folio 139, An Act for Preservation of
Orphan's Estates, made Anno 1671; wherein, among other Things,
it is enacted,
That all last Wills and Testaments shall be firm and inviolable,
unless the Executors or Overseers thereby appointed, do refuse to
execute the Trust reposed in them by the Testator: In which case,
the Chief Judge for Probat of Wills and Granting Administrations,
shall grant Administration, with the Will annexed, to some other
Person, as in his Discretion shall seem meet.
We also find in the same Book, Folio 276, An Act for Limitation
of Officers Fees, made the 15^th of May 1676, among which Fees is
as follows, viz.

Fees to the Judge in Testamentary Causes.
For every Commission to prove a Will
For recording Wills.

p. 564