ccl hill Elizabeth in the exchequer a be Accountable to I S and afterward I S  be outlaw in a action personal a die the queen by her letter patent grant unto  b in all respects good catalla exitus beneficial forisfactur advantagia  quaecunq which come to her or accrue by reason of the outlawry of the say I S  and now b bring a action of account against the executor of the say a as  executor of their own wrong the defendant plead that they have letter of  Administration commit to they by the ordinary and demand judgement of the writ  the plaintiff in maintenance of his writ reply that the defendant do  administer of their own wrong before that Administration be grant unto they  upon which the defendant do demurrer in law it be the opinion of some of the  justice that the wrong be urge by take of letter of Administration and now  Leonard they a re to be charge as administrator only and not otherwise see e h  and see the case of the cardinal of Canterbury e if one administer of his own  wrong and afterward take letter of Administration he shall be sue not as  executor but as administrator see h but gawdy justice conceive that the  defendant may be charge as executor as to the grant of the queen of this  action of account see Br pat h that the king may grant a thing in action which  be personal as debt and damage or the like or a thing mix as the wardship of  the body but not a thing real as a action concern land right entry but it be  agree on all side that if this action have be grant special it have be clear  good and it be observe that in the principal case the accountant be dead  before the grant so that his executor be Chargeable to the queen to render a  account and the queen be entitle to it it have be object that this action of  account come to the king by reason of his prerogative royal and in virtue  thereof the executor be Accountable to her and therefore the queen can grant  the same over to a subject certain the same be not a incident inseparable from  the crown nor a flower of the crown as the king can grant over to a subject  power to pardon felon for that be proper and peculiar to the person of the  king nor that a subject may have a court of chancery and although this matter  of account be at the first I e at the time of the grant uncertain yet by  matter ex post facto it may be reduce to certainty I e by the account and  although the account be not express name in the letter patent yet the word of  the grant ut above do amount to as much and gawdy justice conceive that this  account ought to be bring in the name of the queen and all the justice be of  opinion that if the say a have be live at the time of the say grant of the  queen the grant have not be good for then the action against the executor  which be the matter of prerogative have not be vest in the queen mich  Elizabeth in the common plead