case PERCIVALL against crisp easter land car roll if a freeman of London die  intestate the three part of big effect give to big administrator by the custom  of London shall be distribute accord to the statute of distribution SC Jones  SC skin prohibition a freeman of London die intestate the question be whether  the Act car c of distribution shall reach the administrator three or the death  part or whether the save that be in the statute of the custom of London shall  preserve the administrator three from a distribution it be argue that a  administrator be only since the statute of Edward c and consequent within the  time of memory although in Snellings case a it seem to be hold that it be  before time of memory shower KB it be true a administrator shall have a three  by the custom of London but yet he shall make a distribution for may refuse to  record the prisoner prayer of clergy in order to give advantage to the appeal  by prevent he from plead the conviction and clergy in bar but in the case of  Armstrong v Lisle these case be overrule and it be now full settle that a  conviction of manslaughter on a indictment of murder and the prayer of clergy  or that he be ready to pray his clergy thereon may be plead in bar of a appeal  for the same death Kelynge salk burr a Plowd b by will mary c S in all case  where any heir at law shall be liable to pay the debt of his ancestor in  regard of any land tenement or hereditament descend to he and shall alien the  same before action bring or process sue out against he such heir at law shall  be answerable for the debt to the value of the land so alien and execution  shall be take out on judgement against such heir to the value of the land as  if it be for his own debt and in any action of debt upon a bind of big  ancestor he may plead riens per dissent at the time of the original writ bring  or bill file against he and the plaintiff may reply land c from big ancestor  before the original writ bring or bill file and if the issue be find for the  plaintiff the jury shall inquire of the value of the land so descend and  thereupon judgement shall be give and execution award as aforesaid but if  judgement be give against such heir by confession of the action without  confess asset descend or upon demurrer or nothing to say it shall be for the  debt and damage without any writ to inquire of the land c so descend it seem  therefore by this statute that the plaintiff shall only recover pro of such  size with respect to the value of such asset and shall not have a general  judgement against the heir as at commonlaw Carth but if the heir plead a bad  plea a general judgement de good not common with others shall be enter against  he unless the plaintiff will consent to take a special judgement smith v angel  ld ray a   shower KB er p not description story personae but of the office it  be call the death part and he may have devise it or part of it away but he can  not meddle with or dispose of the other part and the other construction of its  not be distributable be to set it on the same foundation with the other two  part and if the administrator have it accord to custom then suppose a will and  no executor he shall not be force to pay the legacy accord to that a custom  never give the same interest which the law do the word of the statute of  distribution be that it shall not prejudice the custom of particular place and  it be only confirm as to the two part which be customary it be urge e contra  that at commonlaw the ordinary be administrator and by the custom the  administrator have his part and he be a customary administrator and the  statute have do no more than it suppose the intestate will have do have he  live and make a will dolben justice if a citizen die without a wife or child  then this statute shall make a distribution Pemberton chief justice then there  be no custom dolben justice but then if it reach to two three only it can be a  custom to the whole it be say he can devise a possibility that if one child  die it shall go to another but there must be a new division quaere where there  be two child and one die if his part will survive by the custom of London or  if it shall go to the administrator then it be urge again that there be no  administrator at the commonlaw and cite Henslowes case b the ordinary have a  peculiar power he can neither sell nor dispose of any thing he can neither sue  nor be sue say Plowden c and cite Fotherbies case d no such creature as a  administrator at the commonlaw and if any person die intestate his estate be  to be call into the care of the ordinary and he do appoint a immediate curator  but it be not such a thing as a administrator be now a man must allege a  office to be antiquity before he can prescribe to it or shower KB any of its  perquisite and if you will entitle yourself to be administrator by custom you  shall say there be such a thing time out of mind beside this be a  administration commit by the metropolitan and that be express within the  statute agree by all that the heir be not exclude but shall come in for his  part and shall have it by the custom of London in fitzherbert naturan narrow  places this custom be lie to be of the whole estate the Lord chief justice if  Snellings case e stand for good law then a administrator may prescribe to his  three part a man may have a thing in his own right and yet it can descend as  in case of a occupant note it be agree that if a freeman give legacy in his  will and name no executor whereupon there be letter of administration grant  cum will fastening that it be plain out of the statute of distribution  Adjournatur g b   hob carter c Plowd d cro car light Rep Inst see Com dig  Administration f e   f see the statute Geo c S g in easter term car it be  adjudge for the plaintiff videlicet that on a freeman of the city of London  die intestate leave a wife and one child one part shall go to the wife another  to the child and the three part to the administrator notwithstanding the  statute car c SC Jones and it be say SC skin that it be decree afterward in  chancery that the administrator part be within the custom and not liable to a  distribution on the statute Freem viner but it be now enact by James c S that  the exception in the car c respect the custom of London be never intend nor  shall be take or construe to extend to such part of any intestate estate as  any administrator by virtue only of be administrator by pretence or reason of  any shower KB er p