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.

CCXCVII. Mounson and West's Case Mich. 30 Eliz. In the Common Pleas.

* 1.1IN the Case of Mounson and West; which see, in Leon. 1 Part, 88. Where the Case was in Trespass, the parties were at Issue; and at the Return of the Pannel, the Defendant challen∣ged the Array, because it was made by B.A. who took to Wife the Cosen German of the Plaintiff, et ex ea had Issue living, the Mo∣ther being dead: Vpon which it was demurred in Law. Now this Term came the Plaintiff, and offered to relinquish his De∣murrer, and confess the Cosenage, and prayed a Writ to the Co∣roners. It was the Opinion of the Court, That he might so well do by the Law, because the Demurrer is not made up: Which matter the Prothonotaries excused, because the Demurrer was not subscribed with a Serjeants hand.

To which it was said by the Court, That a Demurrer upon a Challenge, is not like to a Demurrer upon a Plea; For in case of a Demurrer upon a Challenge, as soon as the Demurrer is agreed upon at the Bar, it is good enough without other Cir∣cumstance, and the Prothonotaries of right ought to enter such Demurrer.

Notes

• * 1.1

  1 Len. 88.