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.

CLXXIX. Nelson's Case. Pasch. 27 Eliz. In the Common Pleas.

IN Trespass brought by Nelson, chief Preignothory of the Court of Common Pleas, the Case was, That the Abbot of D. was seised of a Common out of the Lands of the Abby of S. as ap∣pendant unto certain Lands of the said Abby of D. And afterwards the said Houses were dissolved, and the possessions of them given to the King by Act of Parliament, to have and hold in as large and ample manner and form as the late Abbots, &c. After which, the King so being seised, granted the said possessions of the said Abby of D. to A. and the possessions of the said Abby of S. to B. It was argued, That the Common, (notwithstanding the unity of posses∣sion) did continue; For unity of possession is so qualified and re∣strained by the Statute, by the words aforesaid, and also by the words (in the state and condition as they now be,) And the Abbot of D. was seised in the right of his House, of the said Common; Therefore so also shall be the King, and his Patentees; and so a special seisin is given to the King. Rhodes, Windham, and Anderson, Iustices, to the contrary. And the said words in the said Statute are to be construed according to the Law, and no further; And by the Law, the said Common cannot stand against the Vnity of possession.