over all thofe parishes difperfed throughout the province of Canterbury, in the midft of other diocefes, which are exempt from the ordinary's jurifdiction, and fubject to the metropolitan only-Where one dies poffeffed of goods in the diocese of an archbishop, and in a peculiar of the fame diocese; there fhall be feveral adminiftrations, and the archbishop fhall have no prerogative, becaufe the peculiar was firft derived out of his jurifdiction. But where one dies poffeffed of goods in feveral peculiars within the fame diocefe; in that cafe adminiftration fhall not be granted by the bishop of the diocefe, but by the metropolitan; infomuch as they are exempt from ordinary jurifdiction. By the ftatute 4 Ann. c. 16. fect. 26. The power of granting probates of wills, and letters of administration, of the goods of perfons entitled to wages, for work done in her Majefty's yards and docks, is declared to be in the ordinary of the diocese; or fuch other perfons to whom the ordinary power of probates of wills or granting of administration do belong, where fuch perfons fhall die; and the wages due to fuch perfons fhall not be taken to be bona notabilia, to found the jurifdiction of the prerogative court. THE prerogative is grounded upon this reafonable foundation: that, as bifhops were formerly themfelves the adminiftrators to all inteftates in their own diocefe; and as the prefent administrators are in effect no other than their officers or fubflitutes, it was impoffible for the bishops, or those who acted under them, to collect any goods of the deceased, other than fuch as lay within their own diocefes, beyond which their epifcopal authority doth not extend. And it would be extremely troublesome, if as many administrations were to be granted, as there are diocefes, within which the deceafed had bona notabilia, befides the uncertainty which creditors and legatees would be at, in cafe different adminiftrators were appointed, to afcertain the fund out of which their demands. are to be paid. A prerogative is therefore very prudently vefted in the metropolitan of each province, to make, in fuch cafes, one adminiftration ferve for all. IT has been decreed, that adminiftrations committed by the archbishop, by his prerogative, to one who did not die poffeffed of goods in divers diocefcs, were merely void. But the more current doctrine is, that fuch administrations are not void, like thofe granted by a bishop, where are bona no Black. Com. 3 V. 65. Gibfon, 472. Swinb. 440. c Black. Com. 2 V. 509. tabilia, tabilia, but only voidable by fentence; because the metropo litan hath jurifdiction over all the diocefes in his province, whereas a bishop can by no means have jurisdiction in another diocese a.——————It is faid, that if administration be committed in a diocese where there are bona notabilia, though fuch grant be ipfo facto void, yet they do not grant a new adminiftration in the prerogative court, before they have repealed that; and in that cafe they fhall not be prohibited f. THUS having treated on where and by whom adminiftration is to be granted, and herewith fhewn the reasonable foundation upon which the prerogative is founded, and touched upon the doctrine of adminiltration being void when granted by an improper court; we fhall now fhew in what manner perfons inadvertantly applying for probates of wills, or administrations, are to be treated by the refpective officers of fpiritual courts when so applied to. As it hath been the cafe that many have been by apparitors, both of inferior courts and the courts of the archbishop's prerogative, much diftracted, by being diverfly called and fummoned for probate of wills, or to take adminiftrations. of the goods of perfons dying inteftate, and thereby have been vexed and grieved with many causeless and unneceffary troubles and expences; by Canon 92. "It is conftituted and "appointed, that all chancellors, commiffaries, or officials, "or any other exercising ecclesiastical jurisdiction whatsoever, "shall at the first, charge with an oath all perfons called or vo"luntarily appearing before them for the probate of any will, "or the adminiftration of any goods, whether they know, or "(moved by any special inducement) do firmly believe, that "the party deceafed (whofe teftament or goods depend now in queftion) had, at the time of his or her death, any goods or "good debts in any other diocese or dioceses, or peculiar juris"diction within that province, than in that wherein the faid "party died, amounting to the value of 51. And if the faid "perfon cited, or voluntarily appearing before him, fhall upon "his oath affirm, that he knoweth, or (as aforefaid) firmly be“lieveth, that the faid party deceased had goods or good debts &c, the first living is void ipfe facto, viz. without any declaratory fentence, and the patron may prefent to it. Dyer, 275. f 4 Burn's Ecclef. Law, 185. "in any other diocefe or diocefes, or peculiar jurifdiction "within the faid province, to the value of 51. and parti*cularly specify and declare the fame, then fhall he prefently difmifs him, not prefuming to intermeddle with the "probate of the will, or to grant adminiftration of the goods. "of the party fo dying inteftate. Neither fhall he require or "exact any other charges of the faid parties, more than fuch "only as are due for the citation, and other process had, and "ufed against the faid parties, upon their further contumacy; "but fhall openly and plainly declare and profefs, that the "faid caufe belongeth to the prerogative of the archbishop of "that province; admonishing the party to prove the will, or require administration of the goods, of the court of the said “prerogative, and to exhibit before him, the said judge, the "probate or adminiftration under the feal of the prerogative, "within forty days next following. And if any chancellor, "commissary, official, or other exercifing ecclefiaftical jurif"diction whatsoever, or any their register shall offend herein; "then let him be ipfo facto suspended from the execution of "his office, not to be abfolved or released until he have re"ftored to the party all expences by him laid out contrary to "the tenor of the premises; and every fuch probate of any "teftament, or adminiftration of goods fo granted, fhall be "held void and fruftrate to all effects of the law whatsoever. "And it is hereby further charged and injoined, that the re"gifter of every inferior judge do, without difficulty or de ་ lay, certify and inform the apparitor of the prerogative "court, repairing to him once a month, and no oftener "what executors or adminiftrators have been by his faid "judge, for the incompetency of his own jurisdiction, dif"miffed to the faid prerogative court within the month next "before; under pain of a month's suspension from the ex"ercife of his office for every default therein." BUT it is provided that this canon, or any thing therein. contained, be not prejudicial to any compofition between the archbishop or any bishop or other ordinary, nor to any inferior inferior judge that shall grant any probate of testament or administration of goods to any party that fhall voluntarily defire it, both out of the faid inferior court, and also out of the prerogative. And likewise, that if any man die in itinere, that is, on a journey, the goods that he hath about him, at that prefent, fhall not cause his teftament or adminiftration to be liable unto the prerogative court. 66 IN refpect of the prerogative court, by Canon, 93. “It is "decreed and ordained, that no judge of the archbishop's prerogative shall cite, or cause to be cited ex officio, any perfon whatsoever to any of the before-mentioned intents, "unless he hath knowledge that the party deceased was, at the "time of his death, possessed of goods and chattels in some "other diocese or diocefes, or peculiar jurisdiction within 66 66 that province, than in that wherein he died, amounting to "the value of 51. at the leaft: and decreed and declared, "that whofo hath not goods in divers diocefes to the faid fum or value, fhall not be accounted to have bona notabilia. Always provided, that this clause here, and in the former "conftitution mentioned, fhall not prejudice thefe dioceses, "where, by compofition or custom, bona notabilia are rated at "a greater fum". And if any judge of the prerogative court, "or any, his furrogate, his regifter or apparitor, shall cite or "cause any perfon to be cited into his court, contrary to "the tenor of the premises, he shall restore to the party "fo cited all his cofts and charges; and the acts and "proceedings in that behalf shall be held void and frustrate. "Which expences, if the faid judge or regifter, or apparitor, fhall refuse accordingly to pay; he shall be sus "pended from the exercise of his office, until he yield to "the performance thereof." WHAT has been faid under this head respecting adminiftration, is alike applicable to wills and teftaments. For regularly, he that fhall have the probate of a will, in cafe where a man doth make a will, shall have the granting of administration of his goods and chattels in case he dies inteftate b. SECTION THE FOURTH. WHAT THE PERSON, APPLYING FOR ADMINISTRATION, IS TO DO BEFORE IT IS GRANTED. THE T HE practice is not to iffue letters of administration, until after the expiration of fourteen days from the death of the inteftate; unless for special cause (as, that the goods would otherwife perifh, or the like) the judge fhall think fit to decree them fooner. On taking out letters of administration, the adminiftrator takes an oath, which is ufually in this form: "You fhall fwear, that you believe A. B. "deceafed died without a will; and that you will well and "truly adminifter all and every the goods of the said de"ceased, and pay his debts as far as his goods will extend; "and that you will exhibit a true, full, and perfect inven"tory of the faid goods of the deceased, and render a true "account of your administration into the court of when you shall be thereunto lawfully required." You also fwear that you are the widow, fon, daughter, next of kin, or creditor, [as may be the cafe] of the faid A. B. and that the whole of the goods, chattels, and credits he died poffeffed of, do not in value exceed the fum of help you GOD." 1. "So |