case hill against Thornton a consultation grant upon the plaintiff be nonsuit  in prohibition on a question whether his father have devise land to be sell  for the payment of legacy and make bequest of diverse good for the bequest of  good be cause ecclesiastic ante post Hobart cro James Com dig Cowp term Rep  prohibition the plaintiff therein surmise that his father die seize of such  land which descend to he as heir and that the defendant by libel in the  spiritual court have suggest that be make a will and devise those land to his  executor to sell and thereby have bequeathe diverse good and portion of money  c and have make the defendant executor therein who therefore sue in the  spiritual court to have probate thereof where in fact he do not make such a  will and a will of land ought not to be prove in the spiritual court and  thereupon the defendant appear and show for cause of consultation that the say  testator make such a will and make he executor and he sue they to prove the  say will whereupon issue be join whether he make such a will after evidence  the plaintiff be nonsuit Godbolt for the plaintiff now move that although the  plaintiff be nonsuit yet it do not appear that the defendant have cause to  have consultation for it be not show that the testator have good c and then he  have no cause to have probate for a will of land needs not be prove but of  good there ought to be a probate otherwise be can have any action as if a  libel be for tithe to be pay for tree which be not sylvae adj although the  issue be upon a collateral point and find for the defendant yet be shall not  have consultation so if there be a suit for lie croak car violent hand upon a  clerk and to have damage beside correction in this case no consultation shall  be grant because he have no such cause of suit in the ecclesiastical court and  all the court agree to those case for it appear there that there be not any  cause of ecclesiastical suit but here in this case it appear that he have  cause of suit to prove the will for the good for otherwise he can maintain any  action croak car er p whereupon consultation be grant that be may proceed  quoad good observe well this case and the cause and reason why a consultation  be grant together with a difference between this and den case a