CCCLXXVI lady lodge case prohibition the lady Laxton of London by her will  bequeathe to Matthew Luddington and Andrew Luddington several legacy in money  to be pay to they respective at their several age c and make the lady lodge  her daughter her executrix and die Andrew die before his full age Matthew take  letter of aministration of the good of Andrew and sue the lady lodge in the  spiritual court for the legacy Leonard bequeathe to Andrew before which suit  begin the lady lodge with sir Thomas her husband give all the good which she  have as executor of the say lad that Laxton to sir William Cordel master of  the roll and to William lodge son of the say sir Thomas and his lady depend  which suit the lady lodge die after which sentence be give against her be dead  and now a citation be out of the spiritual court against William lodge  executor of the say lady lodge to show cause why the sentence give against the  say lady lodge shall not be put in execution against he and sentence be give  against the say William lodge who appeal to the delegate and there the  sentence be affirm and now come William lodge into the king bench and set  forth the grant of the say lady lodge as aforesaid and that the same be not  examinable in the spiritual court and thereupon pray a prohibition and awbrey  doctor of the civil law come into court to inform the justice what their law  be in certain point touch the case in question and as to the sentence give  against the lady lodge after her death he say that if the defendant die before  issue join which be call lawsuit attesting the suit shall cease but if be die  after lawsuit attesting it be otherwise for in such case the suit shall  proceed for after lawsuit attesting the right of the suit be so vest in the  proctor that he be a person suable until the end of the suit and also he  report their law to be bro devise that if a legacy he bequeathe to a infant to  be pay when he shall come to the age of twentyone year if such a legatory die  before such age yet the executor or administrator of such legator shall sue  for the say legacy present and shall not expect until the time in which if the  infant have continue in life he have attain his full age and as to the  prohibition it be argue by Egerton solicitorgeneral that the grant aforesaid  be not triable in the spiritual court as if the say lady lodge have suffer a  recovery to he have against her as executor by covin c the same be not  examinable in the spiritual court but belong to the temporal conusans and  therefore he pray a prohibition but on the other side it be say that if the  prohibition be allow the legatory have no remedy but that be deny for the  party may sue in the chancery and after the prohibition grant the court award  a special consultation quatenus non to stretch out ultra manus executor  quatenus non to put in motion de strength fact I the grant aforesaid Poph dyer  Swinburn office of exec sheep touchstone c blow orphan legacy note it be  adjudge contrary to this mich a dom in the king bench in Doomlowes case  Leonard er p hill Elizabeth in the king bench