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.

XCIV. Abrahall and Nurse's Case. Hill. 19 Eliz. In the Common Pleas.

JOhn Abrahall brought a Writ of Right-Close against John Nurse, in the Court of George Earl of Shrewsbury, and made protesta∣tion to prosecute that Writ in the form and nature of the Writ of the Lady the Queen, of Assise of Novel disseisin, at the Common-Law, and made his Plaint accordingly. And afterwards the Assise was taken, who spake for the Plaintiff; Whereupon Abrahall had Iudgment to recover. After which, Nurse brought a Writ of False Judgment, and assigned Error in this. That whereas the said Writ of Right-Close was directed to the Bailiffs of George Earl of Shrewsbury of his Mannor, &c. that the said Bailiffs should do full Right, &c. that it appeareth by the Record, that the Plea was

holden before the Suitors, and not before the Bailiffs of George Earl of Shrewsbury. For all the Precepts in the Plea aforesaid, are, Quod sint hic ad proximam Curiam coram Sectatoribus tenend. An other Error was in this, and false Iudgment was given therein, because that the Roll is, Praeceptum est Ministro Curiae praedict. that he cause to come 12 Free and lawful Men, &c. videre illud tenementum, &c. & nomina eorum imbreviare, &c. and the Minister of the Court retorned 12 Recognitors of the Assise afore∣said; whereas by the Law of the Land, 24 Recognitors in a Plea of Land ought to be retorned. But notwithstanding that these Exceptions were taken; Yet upon due consideration of the Court, notwithstanding these Exceptions, the Iudgment was affirmed. See the Record, Mich. 17 & 18 Eliz. Rot. 1301.