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25. E. 3. Cap. 5. Statut. 4. Executors of Executors shall haue Actions of Debt, Account, and of goods carried away of the first Testators: and execution of Sta∣tute merchants, and Recognisances made vnto him.
If no Will be made, the Ordinary shall administer al the chattels that were in his * 1.1 possessions. For he which had the charge of his Soule in his life, is presumed the fittest person to haue the care of dispo∣sing his goods in pios vsus after his
death. And therefore the Ordinarie may seise the goods and must keepe them with∣out wasting, & may giue, alien, or sel them at his wil, and dispose the monie comming therof ad pios vsus. And if he doe not so he breaketh the confidence which the law re∣poseth in him. But yet this gift or aliena∣nation remaineth good by law. Howbeit being a spirituall gouernor he shall not be subiect to temporall suits, nor haue any A∣ctiō of debt or otherwise for any thing due to or by the intestate.
7. El. Pl. 277.