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.

CLXVI. Griffith and Agard's Case. Mich. 27 Eliz. In the Common Pleas.

IN Disceit by Griffith against Agard and his Wife;* 1.1 For that a Fine was levied of a Messuage, being Ancient Demesne, by which it became Frank-Fee; and the Fine was levied in the life of A. Griffith, Grandfather of the Plaintiff: Exception was taken to the Writ, because it is brought by the Plaintiff as Cosen and Heir of A. G. his Grandfather; And in the beginning of the Writ, the words are, Si Henricus Griffith fecerit te securum; without saying, Cousen and heir of A. G. fecerit te securum. But the Exception was not allowed; For afterwards in the Writ, these words are, Cujus haeres ipse est. See the Register, 238. that it is sufficient, if there be in the body of the Writ, these words, Cujus haeres ipse est.

Another Exception was taken to the Declaration, in that it is alledged, that the Lands were, De antiquo Dominico Dominae Re∣ginae Angliae; wereas it ought to have been, De antiquo Domi∣nico

Dominae Coronae suae, &c. The Opinion of the Court was, That it was good both ways. See Book Entries, 100. antiquo Do∣minco Coronae, & 58. de antiquo Dominico Domini Regis.

Notes

• * 1.1

  1 Len. 290.