coke neals and rouse case hill James in the common plea stat h cap extortion  hawk Inst see sir John bennet case Inst Russ on crime p d ed at a nisi prius  in London before myself this term the case be this Edward neal inform upon the  statute h cap which plea begin mich James rot against James rouse commissary  and official within the archdeaconry of Huntington within the diocese of  Lincoln and have probate of will and testament c within the same archdeaconry  and that Nicholas neal the three year of the reign of the king that now be  make his testament and last will in write and make the plaintiff his executor  and die possess of good and chattel to the value of a hundred and fifty pound  the defendant then commissary and official c the d of February at the parish  of saint mary bow testament predict to make good insinuavi registravit et  sigillavit ac per manus cujusdam Thomm neck lunc minister Self James rouse in  she part depulat et authorize S d pro probationer insinuation et registrations  will predict de eoden Edwardo c who tam c multicolored duty Himself predict  adtunc et ibidem extorsive To take back et to have contraformam stahtli  predict with this that the say Edward who lamb c will add that the write of  the say testament accord to the rate of a penny for every ten line of the say  testament every line thereof contain coke in length ten inch non affingeba to  the sum of S d accord to the form of the statute aforesaid c the defendant  plead nothing debet and at the nisi prius the evidence of two witness be that  the plaintiff cause the say testament which be in paper to be engross in  parchment and the plaintiff offer both to the say rise the official to be  prove and be answer that he will prove it if his fee shall be pay to he and  the plaintiff ask he what be his fee and be write they in a paper which amount  to fourteen shilling and tenpence for the probate insinuation register and  seal and thereupon the plaintiff lie upon the table S and desire he to take as  much as be due to he and all that be in the house of the official but he will  receive nothing there but appoint the plaintiff to come in court where he will  receive his fee and accord the plaintiff come to he in court and pray to have  the say will prove and the defendant require the say neck his minister to take  of he for the probation insinuation register and seal S d and thereupon be put  the seal of his office to the say parchment ingross which the plaintiff bring  with he and which he deliver to the defendant and it be object that this case  be out of the say statute for thereby as to this purpose it be provide  videlicet and where the good of the testator c amount above the value of that  then the bishop nor ordinary by he or themselves nor any of his or their  register scribe praiser summoner apparators or any other their minister for  the probation insinuation and approbation of any testament or testament c for  the register seal write praise make of inventory make acquittance fine or any  thing concern the same probate of testament shall take or cause to be take of  any person or person but only S and not above whereof to the bishop ordinary c  for he and his minister S d and not above and S d to the scribe for register  of the same c and it be object by the counsel of the defendant that the  defendant do not take the S d for the probation insinuation register or seal  of the testament for no probate be write upon the testament itself nor any  seal put to it but the testament be ingross in parchment and the probate and  seal put to the transcript ingross and not to the testament itself and so out  of the statute and the statute extend only when the probate and seal be put to  the testament itself and for the engross of it after the probate no certain  fee be provide by the statute coke report er p but for the register of it  after it be prove there be a express fee in the statute but I conceive that  the say take the S d in the case at bar be direct against the statute for the  Act be in the negative and if the executor require the testament to be ingross  in parchment he ought to agree with he who he require to do it as he may but  the ordinary official c ought not to exact any fee for the same of the party  as a thing due to he for diverse cause because the word of the Act be express  for the probation c and for the register seal write praise make of inventory  fine give acquittance c which word write extend express to this case coke the  word be or any thing concern the same probate and when the seal and probate be  put to the transcript the same without question concern the probate for the  probate be not put to any write but only to that therefore the same concern  the probate such a construction shall make the Act idle and vain for if the  ordinary official c may take as much as he please for the engross do by his  minister as a fee due to he all the purview of the statute which be pen so  precise concern person sure bishop ordinary and all person who have power to  prove will and testament register scribe summoner apparators or any other the  minister as for the thing itself sure the probation insinuation approbation  register seal write praise make of inventory fine give of acquittance or any  other thing concern the same shall be all in vain by that evasion of  transcribe of it as well against the express letter of the Act as the  intention and meaning of it also the statute say S and not above so as the  manner of precise pen of it exclude all nice evasion and the Act ought to be  expound to suppress extortion which be a great affliction and impoverish of  the poor subject as this case be he annex the probate and seal to the  transcript ingross which the plaintiff bring with he and offer to the  defendant so as the case at bar be without question and general the ordinary  official c can exact or take any fee for any thing which concern the probate  of a will or testament but that which the statute limit and afterward the jury  find for the plaintiff and of such opinion be Walmsley Warburton Daniel and  foster justice the next term in all thing but upon exception in arrest of  judgement for not pursue of the Act in the information judgement be not yet  give c