case the king against richard rain the spiritual court can refuse to grant the  probate of a will to a executor because indigent or insolvent or compel he to  give security S c ante S c salk S c Carth S c salk S c holt S c ld ray S c  Peer wms mandamus to sir Richard rain judge of the prerogative court to admit  Richard Watts to prove the will of Edith pinfold sir Richard rain return that  Watts be name executor in trust for three infant child of John pain decease  brother of Edith pinfold that it appear on proof make to he that the say  Richard Watts be very poor and unable to pay his own debt and that he abscond  himself whereby the infant and other legatee be in danger of lose their legacy  that in such case by the ecclesiastical law the spiritual judge may defer to  grant probate until such executor give security for payment of legacy and that  Watts refuse to give security for which reason he can not admit he but defer  grant the probate and after diverse argument a peremptory mandamus be grant  because the ecclesiastical court can demand security the testator be the  proper judge of the qualification of his executor beside a executor have a  temporal interest and without probate can sue the civil and canon law warrant  not any such demand of security and though there seem to be some equity in the  case yet the ecclesiastical court be not the proper court for equity here in  England will S be of ecclesiastical cognizance but not by force of the civil  or canon law but as time out of mind allow and receive here and if you enlarge  the power of ecclesiastical court the king court may restrain you if a man  make a general executor they will sue he to account in the spiritual court but  we will prohibit they because by the law of England the executor have all the  good of the modern report testator not dispose of and this have be the reason  of all prohibition concern administrator on this account because by Edward  they be put in the same case with executor now in this case suppose a executor  will not give security what shall become of this will can the ordinary adjudge  he to die intestate and grant administration cum will fastening a executorship  be a office it be fit he shall take a oath for the due execution thereof but  to give a collateral security to get other man to be bind for he it be against  common right