The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCL. Hill. 30 Eliz. In the Exchequer.

A. Was accomptable to J.S. and afterwards J.S. was Out-lawed in an Action personal: A. died; The Queen by her Letters Patents granted unto B. omnia bona & catalla, exitus, proficua, forisfactur. & advantagia quaecun{que} which came to her, or accrued by reason of the Outlawry of the said J.S. And now B. brought an Action of Accompt against the Executors of the said A. as Executors of their own wrong. The Defendants pleaded, That they had Letters of Administration committed to them by the Ordinary, and demanded Iudgment of the Writ. The Plaintiff in maintenance of his Writ, Replyed, That the Defendants did Administer of their own wrong, before that Administration was granted unto them. Vpon which the Defendants did demur in Law. It was the Opinion of some of the Iustices, That the wrong is urged by taking of Letters of Administration; and now

they are to be charged as Administrators only, and not otherwise. See 50 E. 3. 9. 20 H. 6. 1. And see the Case of the Cardinal of Canterbury, 9 E. 4. 33. If one Administreth of his own wrong, and afterwards takes Letters of Administration, he shall be sued not as Executor, but as Administrator. See 21 H. 6. 8.

But Gawdy, Iustice, conceived, That the Defendants might be charged as Executors. As to the Grant of the Queen of this Action of Accompt. See Br. Pat. 98. 32 H. 8. that the King may grant a thing in action which is personal, as debt and damages, or the like; Or a thing mixt, as the Wardship of the body; but not a thing real, as an Action concerning Lands, Rights, Entries. But it was agreed on all sides, That if this Action had been grant∣ed specially, it had been clearly good. And it was Observed, That in the principal Case the Accomptant was dead before the Grant; so that his Executors were chargeable to the Queen, to render an Accompt, and the Queen was entituled to it. It hath been Object∣ed, That this Action of Accompt came to the King by reason of his Prerogative Royal, and in vertue thereof the Executors are ac∣comptable to her, and therefore the Queen cannot grant the same over to a Subject: Certainly the same is not an Incident insepa∣rable from the Crown, nor a Flower of the Crown; as the King cannot grant over to a Subject power to pardon Felons, for that is proper and peculiar to the person of the King; nor that a Sub∣ject may have a Court of Chancery: And although this matter of Accompt is at the first, i. e. at the time of the Grant, uncertain; yet by matter ex post facto, it may be reduced to certainty, i.e. by the Accompt; and although the Accompt be not expresly named in the Letters Patents, yet the words of the Grant, ut supra, do amount to as much. And Gawdy, Iustice, conceived, That this Accompt ought to be brought in the name of the Queen: And all the Iustices were of Opinion, That if the said A. had been li∣ving at the time of the said Grant of the Queen, the Grant had not been good; for then the Action against the Executors, which is the matter of Prerogative, had not been vested in the Queen.