Bulstrode james and james prohibition to the spiritual court Ro Rep Elizabeth  James the administratrix of her late husband be call in before the ordinary to  make a account for the good and personal estate of her husband she there plead  that Richard her late husband James in all respects one good catalla svan in  vita svan rite ligitime to go away cuidan Elizabeth James filiEa predict  richardi and that she have these in her custody for her daughter the which  plea they do there reject and refuse to receive the same but notwithstanding  this her plea they will there proceed to sentence against her upon this a  prohibition be pray coke chief justice the ordinary by the law of the land may  call executor to a account and this so appear by e fol b in the cardinal of  canterburys case that of common right the ordinary ought to see that the will  of the dead be Bulstrode er p perform and that none ought to meddle with the  good but the ordinary or those which be admit by he S executor by probate of  the testament or administrator and they to render a account to the ordinary  and to this purpose be h fol b and the statute of e c for the grant of letter  of administration by the ordinary upon which the observation of Lynwood be  that this be general consensus great man but not by the commonlaw touch  proceed there the difference will be if a gift be there plead they be there to  try whether there be such a gift or not in r fol a by Hussey chief justice  when the original ought to begin in court Christian and there it begin  although afterward some thing happen in issue which be triable by our law yet  this shall be triable by their law but if they will there judge upon this  grant in question contrary to the rule of the commonlaw and accord to their  law they be then to be prohibit for by their law such a gift as be plead be  not good if there be not tradition and without such a delivery such a grant be  utter void but we here deny this to be so our law be contrary herein to they  for such a gift we hold to be good without any such tradition also by their  law a man may well grant a thing in action which we deny clear to be good by  our law and therefore if they shall adjudge upon a gift contrary to the rule  of the commonlaw then we will here prohibit they here they refuse to receive  this plea of the gift for peradventure there be no delivery of the deed  dodderidge justice the ordinary ex duty judge call the party to a account for  the good of the intestate and this proper and only belong to he as ordinary so  to do and as to this account what be here plead nothing but she have the good  but answer nothing at all to the good she have recover which she ought here to  have do so that debt shall have be pay with they coke I agree this to be so as  to these good but yet this be a good plea by her there quoad hoc individuum  and as to this they ought not there to have reject the plea but they have here  reject her plea as to all dodderidge this be no plea at all no answer to these  good which she have recover coke if this plea here be for such thing as be  assignable this plea be then good but not if the same be for other thing as  for thing in action the court clear of opinion that he can not assign over the  thing in action as ooligations for these ought to remain for payment of the  debt Bulstrode dodderidge this be a plea in bar of the account which be not  any bar at all coke there be no auditor assign for the account dodderidge if  she there have make such a account S as that quoad such thing they be give by  the intestate in his life time unto Elizabeth his daughter and to have make  answer to the rest if they will not then accept of this plea there but reject  the same they ought to be prohibit but if she for these refuse to make any  account because they be give to another before and be in her custody this her  plea of the gift in bar of the account be not good also she be call to make a  account for all the good she ought therefore to answer to all coke but quoad  hoc as to these particular good thus give by the intestate the plea be good  and if they reject this plea for these good so give they ought to be here  prohibit at another day this case be move again coke the case be this the  widow administratrix make a inventory and in this she put in all the good  which her husband have and herein she do mistake her self and do put in some  good which her husband the intestate have give away and dispose of in his life  time to a young child in the account she show unto they a deed of gift make by  the intestate her husband of these good in particular to his daughter they be  in her custody and this plea of she as to these good they do there reject we  will in this case prohibit they as to those good but not as to a v thing in  action it be the part of wise man to make deed of gift in their life and this  I have learned of sir Thomas Bromley who say that he will not trust his good  and estate to the disposal of such court which have so many distinction and  appeal from their sentence but he will therewith trust his good Bulstrode er p  friend and will have diverse name in trust for the disposition thereof and so  by this way he will settle the same in his life time which be a good and sure  way dodderidge their account be not like our account at the commonlaw coke it  be here to be consider whether they do there endeavour to examine the validity  of this gift or not dodderidge this deed of gift be there plead in bar of the  account coke we ought here to prohibit they as to this dodderidge we ought  also to know the reason for what cause they reject this plea the court all  agree dodderidge except that in regard this deed of gift be there plead before  sentence give for their reject of this they be to be prohibit as to this which  be contain in the deed of gift dodderidge agree with they herein for a  prohibition to prohibit they as to this with a exception of debt but time be  give to have a civilian to show cause to satisfy the court wherefore they have  there reject this plea and in default of this the prohibition to stand but no  such cause be after show and so the prohibition per curian to stand