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The Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
The Ecclesiastical Courts Act 1855 and the Ecclesiastical Courts Jurisdiction Act 1860 removed the remaining judicial functions of the courts.
The Court of Probate Act 1857 abolished the testamentary jurisdiction of the ecclesiastical courts and gave common lawyers the right to practise in areas which before had been the exclusive domain of civilians, while offering the token compensation that the civilians could practise in the common law courts.
The Ecclesiastical Jurisdiction Measure 1963 was introduced to simplify ecclestical law as it applied to the Church of England, following the recommendations of the 1954 Archbishops' Commission on Ecclesiastical Courts.
At one of the sessions of this council several lawyers (among them Roger B. Taney, afterwards Chief Justice of the Supreme Court of the United States) gave advice to the bishops on points of American law concerning property rights and ecclesiastical courts.
After passing through the free school at Canterbury, he became clerk to his father, and Archbishop William Laud soon advanced him to be registrar of the ecclesiastical courts of the diocese.