Notes and Queries, Number 228, March 11, 1854 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc

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WHERE ARE THE WILLS TO BE DEPOSITED?

The difficulties thrown in the way of all literary and historical inquiries, by the peculiar constitution of the Prerogative Office, Doctors' Commons, have long been a subject of just complaint. An attempt was made by The Camden Society, in 1848, to procure their removal, by a Memorial addressed to the Archbishop of Canterbury, which we now print, because it sets forth, plainly and distinctly, the nature and extent of those difficulties.

"To the Most Rev. and the Right Hon. The Lord Archbishop of Canterbury.

"The humble Memorial of the President and Council of the Camden Society, respectfully showeth,

"That the Camden Society was instituted in the year 1838, for the publication of early historical and literary remains.

"It has the honour to be patronised by H.R.H. the Prince Albert; and has supported, from its institution, by the countenance and subscription of your Grace's predecessor in the See of Canterbury.

"The Society has published forty volumes of works relating to English History, and continues to be actively engaged in researches connected with the same important branch of literature.

"In the course of its proceedings, the Society has had brought under its notice the manner in which the regulations of the Prerogative Office in Doctors' Commons interfere with the accuracy and completeness of works in the preparation of which the Council is now engaged, and with the pursuits and labours of all other historical inquirers; and they beg leave respectfully to submit to your Grace the results of certain investigations which they have made upon the subject.

"Besides the original wills deposited in the Office of the Prerogative Court, there is kept in the same repository a long series of register books, containing copies of wills entered chronologically from A.D. 1383 to the present time. These registers or books of entry fall practically into two different divisions or classes. The earlier and the latter books contain information suited to the wants of totally different kinds of persons, and applicable to entirely different purposes. Their custody is also of very different importance to the office. The class which is first both in number of books and in importance contains entries of modern wills. These are daily consulted by relatives of testators, by claimants and solicitors, principally for legal purposes, and yield a large revenue to the office in fees paid for searches, inspections, and copies. The second class, which comprises a comparatively small number of volumes, contains entries of ancient wills, dated before the period during which wills are now useful for legal purposes. These are never consulted by lawyers or claimants, nor do they yield any revenue to the office, save an occasional small receipt from the Camden Society, or from some similar body, or private literary inquirer.

"With respect to the original wills, and the entries of modern wills, your memorialists beg to express clearly that this application is not designed to have any reference to them....