case sir richard rain against the commissary OF the diocese OF Canterbury the  right of grant administration may be try in a indebitatus assumpsit for the  fee Roger a seaman die beyond sea the place of his habitation while in England  be Sandwich within the diocese of Canterbury and he have good notabilia in  other diocese within the province of Canterbury the commissary of the diocese  commit administration to the wife and a creditor modern er p of the intestate  be set up in the prerogativecourt to cite in the woman to have her  administration repeal to this suit a prohibition be move for and a rule nisi  today and now the judge of the prerogativecourt allege that this be in  derogation of his jurisdiction which he desire to maintain and it appear on  the very suggestion that there be good notabilia it be urge that that be a  confession that the administration commit by he be void and none ought to be  prohibit to repeal a void administration holt chief justice we do not prohibit  you from commit administration which you may do if the administration commit  by the commissary be void as you say but we prohibit the repeal of a  administration which for aught we know be duly commit and if it be by the  archbishop quatenus he be a metropolitan though there be no good modern  notabilia it be good till repeal and if it be void he may commit a new  administration without any more ado and then let the two administrator contend  the matter between they but we will not repeal this because it be in  derogation of your jurisdiction below for you yourselves will commit it to  this person that now have it but all the question be whether you or they ought  to grant it of right and where you both pretend right it will be hard to let  you be your own judge and all depend upon the constitution of the province of  Canterbury for if there be such a usage for they to grant prerogative  administration it be hard to binder they of it and the matter be thus it be  fit a prohibition shall go and then we will give judgement final and then you  may bring writ of error if you please and here it be say that if  administration be commit in a diocese where there be good notabilia though  such grant be Self facto void yet they do not grant a new administration in  the prerogativecourt before they repeal that and in that case they shall not  be prohibit but this here be different be a question of right at last it be  propose as a expedient to try the question that sir Richard rain shall bring a  action on the case against the commissary for grant a prerogative  administration to the prejudice of his jurisdiction or that he shall bring a  indebitatus assumpsit for the fee as for money receive to his use and the last  be do by consent see sir William sanderson v Bignal stram duppa v Gerrard salk  stockhold v Collington salk mayor of Exeter v Tremlet will steward v baker  term Rep a