case broker against charter roll a executor may refuse to act by parole and if  he once refuse he can afterward administer the effect go Owen moor pale yellow  on will Leon Mod   a I salk Bl Rep burr trespass it be find by verdict that  sir Ralph Rowlet be possess of a term do make his will and thereof do make  Bacon the Lord keeper Catlin chief justice and other his executor and devise  the term to Lord Catlin and die all the executor writ a letter to dr dale  judge of the prerogative court that they can not attend the execution of the  will and desire he to commit the administration to Henry goodyear the next of  kin to the testator and the administration be accord grant but the register  enter the cause for that the executor do defer to take onus will after this  Catlin enter upon the land devise to he and grant it over the doubt be if this  grant be good first if the letter he a sufficient renunciation second if they  once refuse if they after administration grant may administer at their  pleasure dr ford declare to the justice that by the civil law a renounce may  he as well by matter in fact as by a judicial act and they may refuse by  parole and cite a rule in the civil law non vult be hres who ad other vult  transferee hreditatem and Hreditas be totum law quod death to have and to the  second matter he say who semel repudiaveri hreditatem greater number  hreditatem to strive for non to be able and who semel repudiaveri shall not  after he executor because transit in shrinking and that executor can refuse  for one time but for ever but they may pray time to advice of take upon they  the executorship and it ought to be grant and in that case the ordinary be to  grant in the mean time letter ad to obtain by begging c but be not to grant  administration and for these reason there be a refusal the grant make after  administration commit be void and so be the opinion of the court croak  Elizabeth easter term Elizabeth in the queen bench sir Christopher Wray Knt  chief justice sir Francis gawdy Knt John Clench Esq Rohert schute Esq justice  sir John Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor general