case the king against sir richard reins judge of the prerogative court if a  mandamus be issue to the prerogative court to grant administration and it  appear that there be a will in litigation the court will on affidavit of the  fact supersede the writ S c post S c salk S c Carth S c salk S c holt S c ld  ray S c Peer wms one John grey die in April last make two executor who on the  twenty of April last bring the will into court to be prove where the will be  litigate process issue to all party concern and among other to Francis grey  brother to the decease who refuse to appear and so be adjudge in contempt but  the other appear and the cause be set down for sentence on the twentyfifth of  October which be Monday next but the last day of last term on a motion of  course by the procurement of Francis grey a mandamus on suggestion that I grey  die intestate be grant to the judge of the prerogative court command he to  grant administration which writ be returnable this day the twentythird of  October and now Northey pray the writ may be supersede because it be a  surprise to the court who will not have grant it if they have be apprise of  the matter for by this mean the spiritual court will be oust of its  jurisdiction for if the judge return it be litigate before he that return  perhaps may be insufficient and so a premptory mandamus grant or if he return  that there be a will make they will try in a action the validity of the will  and the whole court give judgement that the writ shall be supersede and  especial as this case be where the party may have litigate it in the spiritual  court where he will not appear but be in contempt holt chief justice add that  suppose they shall not supersede modern report the writ yet it will not be any  advantage to they for suppose sir Richard reins shall return that there be a  will make he may go on and prove the will and in their action on a false  return give the probate in evidence which probate as long as it stand in force  shall conclude all other from say the contrary to which end he quote a  anonymous case adjudge in keel time a executor bring a action produce his  testamentary letter the defendant plead that he be not executor which accord  to Hensloes case be triable per pais in the trial whereof at guildhall before  Keeling the plaintiff give no other evidence than the probate under seal which  Keeling allow to be sufficient and after on motion here all the judge concur  with he because they have jurisdiction of the cause it be a undeniable  evidence which shall conclude all other from say the contrary a