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.

CCXXX. Mich. 29 Eliz. In the Common Pleas.

A Poor Woman brought an Action of Trespass for breaking of her Close, and declared of a Continuance by 6 years: And upon Nihil dicit, had Iudgment to recover: Vpon which a Writ of Enquiry of Damages issued forth; and now came the Woman and shewed to the Court, That the Iury had found too little Da∣mages; scil. but 40 s. whereas the Land was worth 5 l. per annum, and that the Trespass had been continued for 6 years; and prayed, that the said Writ might not be received, and that the Court would award another Writ to have a better Enquiry of the Damages. But the whole Court denyed it; For so there might be infinite Enquiries.

But some time at the request of the Defendant, when excessive Damages are found, or any misdemeanour is alledged in the Plain∣tiff, in procuring, or using such a Writ of Enquiry of Damages, We use to relieve the Defendant with a new Writ, but never the Plaintiff, because it is his own Act.

And by Rhodes, The late Countess of Darby brough a Writ of Dower, and had Iudgment to recover; and she surmised, That

her Husband died seised, and prayed a Writ of Enquiry of Da∣mages, and had it: And because too small Damages were found, she would have suppressed the said Writ, and procured another; but she could not have it. And at the last, she was driven to bring in the said Writ. Which she did accordingly.