assisas in ComÌ„ N. Capiend assignÌ„ ê‘ formam statuti c. venÌ„tam infra nominatÌ„ J. A. quaÌ„ infra scriptÌ„ H. C. ê‘ atturnatÌ„ suos infra ContentÌ„ IurÌ„ Iure unde infra fit mentio ExactÌ„ similitÌ„ venerÌ„ Qui ad veritatem de infra ContentÌ„ dicend electi triati Iurati fuerÌ„ Super quo pÌ„d H. ê‘ quendam J. B. de Consilio ipsius H. C. manutentione exitus interius IunetÌ„ Coram pÌ„fatÌ„ IustÌ„ IurÌ„ pÌ„d in Evidentijs oftend dicÌ„ quod c. Here recite the Evidence truely unde petitÌ„ IudiciuÌ„ qd IurÌ„ pÌ„d veredictÌ„ suum de suê‘ infra ContentÌ„ pro ipso H. reddant c. Et pd J. A. ê‘ quendaÌ„ C. J. de Consilio suo Demurrer dicÌ„ qd materia ê‘d ê‘ pÌ„fatÌ„ H. C. IurÌ„ pred suê‘ius in Evidentiis ostentÌ„ minus in lege existic ad pro band exitum interius IunctÌ„ pro parte ejusdem H. quodque ipse ad materiam illam in forma pÌ„d in EvidentÌ„ ostentÌ„ necesse necesse non habet nec ê‘ legem terrÌ„ tenetÌ„ respondere hoc paratus est verificare unde pro defectu sufficientÌ„ materÌ„ IurÌ„ pÌ„d in hac parte ostens Idem I. petitÌ„ IudicÌ„ quod IurÌ„ de VeridictÌ„ suo suê‘ Exit pÌ„d reddend exoneretur debitum suum infra specÌ„ una cum dampnÌ„ suis occasione de tentÌ„ debiti illius sibi addiundi cari c. Et pÌ„d H. C. Ex quo ipse sufficÌ„ materÌ„ in Joynde lege ad manutenen exitÌ„ infra ContentÌ„ pro parte ipsius H. IurÌ„ pred suê‘ius in EvidentÌ„ ostens qd ipse ê‘atÌ„ est verificare quaÌ„ quidem materiaÌ„ pÌ„d J. non dedicit nec ad eam aliqualiter respond sed verificationem illam admittere omnino recusat petÌ„ IudicÌ„ qd pred J. ab actione sua pred versus Eum habend precludatur ac qd IurÌ„ pred de VeredictÌ„ suo suê‘ exitÌ„ pred reddend onerentur c. A Precedent of a Demurrer upon the Evidence And now at this day the said Plaintiff and Defendant by their Attornies did appear and the Iury likewise did appear and were sworn c. upon which Sir T. W. Serjeant at Law of Councel with the Plaintiff gave in Evidence so and so and repeat it truely and did require the Iurors to find for the Plaintiff upon which J. C. of Councel with the Defendant saith That the Evidence and Allegations aforesaid alledged were not sufficient in Law to maintain the Issue joyned for the Plaintiff to which the Defendant néedeth not nor by the Laws of the Land is not holden to give any Answer wherefore for default of sufficient Evidence in this behalf the Defendant demands Iudgment that the Iurors aforesaid of giving their Verdict be discharged c. and that the Plaintiff be barr'd from having a Verdict c. Then the Plaintiff joyns and says That he hath given sufficient matter in Evidence to which the Defendant hath given no Answer c. and demands Iudgment and that the Iury be discharged and that the Defendant be Convicted then the Iury may give Damages if Iudgment shall happen to be for the Plaintiff c. A Bill of Exception Memorand That the First day of August Ebor. sc An. 1650. before T. P. and W. Iustices of our said Lord the King for taking of Assizes in the said County assigned in a Plea of Trespass and Ejectment which J. S. in the Court of our said Lord the King before himself by Bill doth Prosecute against E. B. supposing by the said Bill that the aforesaid T. B. c. and recite the substance of the Declaration or what it is c. and the Issue and then what the Evidence to prove the Defendant guilty was c. which here was a Surrender of a Copyhold out of Court c. and that he desired the Iury aforesaid to give their Verdict for the said T. B. of and upon the Premisses and that he likewise desired the Iudges aforesaid that they would inform the Iury aforesaid that the Surrender aforesaid out of Court made was good and effectual in Law and the aforesaid Iustices the aforesaid Surrender of the Land aforesaid with the Appurtenances made out of Court of the Mannour aforesaid in form aforesaid did affirm to the said Iurors was not good in Law by which the said Thomas for that the aforesaid matter to the said Iurors in Evidence shewed doth not appear c. did request of the said Iustices according to the form of the Statute in such case provided this present Bill which doth contain in it the matter aforesaid above by him to the Iurors aforesaid shewed by which the said Clayton's Reports Iustices at the request of the said Thomas this Bill have sealed at D. aforesaid 1. Westm 2. 31. 13 E. 1. When the Iustices will not allow a Bill of Exception upon Prayer if the Party impleaded tender the same unto them in Writing and requires their Seals thereunto they or one of them shall do it 2. If the Exception sealed be not put into the Roll upon Complaint thereof to the King the Iustice shall be sent for and if he cannot deny the Seal the Court shall procéed to Iudgment according to the Exception This Bill of Exception is given by the Statute Westm 2. cap. 31. before which Statute a man might have had a Writ of Error for Error in Law either in redditione Judicii in redditione Executionis or in Processu c. which Error in Law must be apparent in the Record or for Error in sait by alledging matter out of the Record as the death of either party c. before Iudgment But the mischief was if either party did offer any exception praying the Iustices to allow it and the Iustices over-ruling it so as it was never entred of Record this the party could not assign for Error because it neither appeared within the Record nor was any Error in fait but in Law and so the party grieved was without remedy until this Statute was made This Act extendeth to all Courts to all Actions and to both parties and to those who come in their places as to the vouchee c. who comes in loco tenentis It extendeth not only to all Pleas Dilatory and Peremptory c. to Prayers to be received Oier of any Record or Déed and the like but also â—o all Challenges of Iurors and any material Evidence given to any Iury which by the Court is Over-ruled 2 Inst fo 427. All the Iustices ought to Seal the Bill of Exceptions yet if one doth it it is sufficient if all refuse it is a contempt in them all And the party grieved may have a Writ grounded upon this Statute commanding them to put their Seals Juxta formam Statuti hoc sub periculo quod incumbit nullatenus omittatis The party must pray the Iustices to put their Seals but if they deny it they may be
commanded and may do it after Iudgment If the party grieved be dead his Heirs or Executors c. according to the Case may have a Writ of Error upon this Bill of Exceptions And no diminution can be alledged for the parties are confined to the matter in the Bill If the Iustice dye before he acknowledgeth his Seal according to the Act a Scire sac shall go to his Executor or Administrator for the Death of the Iudge is the act of God which shall not prejudice the party As in the case of a Certificate of the Marshal of the King's Host that the person outlawed was in the King's Service beyond Sea in a Writ of Error a Scire fac shall go to the Marshals Executor or Administrator upon shewing the Certificate If the Iudge denyeth his Seal the party may prove it by Witnesses ib. Error of a Iudgment at the Grand Sessions in the County of Pembrok in an Assise of darrein Presentment by Henry Cort against the Bishop of St. Davids Dorothy Owen al. for the Church of Stackpoole The fourth Error assigned was because the Issue being whether H. Cort did last present one R. D. the last Incumbent who was instituted and inducted upon his Presentation The Plaintiff offered in Evidence Letters of Institution which appeared to be and so mentions that they were sealed with the Seal of the Bishop of London because the Bishop of St. Davids had not his Seal of Office there And those Letters were made out of the Diocess And the Defendant had demurred thereupon That those Letters were insufficient and the Demurrer was denyed which Jones said was an Error because they ought to have permitted the Demurrer and should have adjudged upon it But it was held that the not admitting of the Demurrer ought not co be assigned for Error for when upon the Evidence the matter was over-ruled by the Iustices of Assize That was a proper cause of a Bill of Exceptions and the remedy which the Statute appoints in that Case And for the matter of the Letters of Institution sealed with another Seal and made out of the Dioâ—ess it was held they were good enough for the Seal is not material it being an Act made of the Institution the writing and sealing is but a testimonial thereof which may be under any Seal or in any place But of that point they would advise Croke 1. part 340. Note This Bill is to prevent the precipitancy of the Judges and ought to be allowed in all Courts and in all places of Pleadings and may be put in at any time before the Jury have given their Verdict But this Bill is rarely used there being impar congressus betwixt the Judge and the Councel and the Prudence of the Judges induce them to find special Verdicts in Cases of doubt and difficulty A Release Pleaded at the Assises after Issue joyned Et pred Def. in propria persona sua ven dic quod pred Justic Dom. Regis hic ad caption Jur. ss pred inter ipsum Def. prefat Quer. procedere non debent quia dic ' quod post xii diem F. ult preterit de quo die Jurat pred inter partes pred continuat fuit ante hunc diem scilt diem de Assise scilt primo die M. Anno c. apud c. pred Quer. per nomen c. remisit relaxavit c. Et hoc c. unde pet quod Justic pred ad captionem Jur. pred ulterius procedere nolunt The Death of one of the Defendants Pleaded after the last Continuance Et pred Def. per A. B. Attorn suum ven pred T. non ven super hoc pred Def. dic quod post ult concinuationem placiti pred scilt post xv Pasche ult preterit de quo die loquela pred ult continuat fuit hic usq ad hunc diem scilt in Cro. sce Trin. tunc prox ' sequen ' ante eundem diem scilt decimo die Maii ult preterit pred T. apud A. pred obiit Et pet quod null process ' nec aliquid aliud in placito pred ulterius versus prefat T. fiat Et quia pred J. K. hoc non dedic Ideo null process nec aliquiâ— aliud in placito pred versus prefat T. fiat c. A Baron Challenges the Pannel because no Knight was retorned of the same Et sup hoc idem T. calumpniat arraiament panelli pred quia dic quod ipse est tempore arraiament panelli ilâ—ius fuit Baro hujus Regni Angliae locum vocem habens in quol Parliamento hujus Reg. Quodque in eodem panâ—llo nullus Miles nominat retorn existit Et hoo paratus est verificare unde petit Judicium quod panellum illud cassetur c. Evidence and demurrer upon Evidence Middleton against Baker Cro. Eliz. 42. fol. 751. In Eject It was held by all the Court upon evidence to a Jury That if the Plaintiff give in evidence any matter in writing or Record or a sentence in the Spiritual Court as it was in this case and the Defendant offers to demurr thereupon the Plaintiff ought to joyn in the demurrer or wave the Evidence because the Desendant shall not be compelled to put matter of difficulty to lay Gens and because there cannot be any variance of a matter in writing But if either party offer to demurr upon any evidence given by Witness the other unless he pleaseth shall not be compelled to joyn because the Credit of the testimony is to be examined by a Jury and the Evidence is incertain and may be enforced more or less But both parties may agree to joyn in demurrer upon such evidence And in the Queens Case The other party may not demurr upon evidence shewn in Writing or Record for the Queen unless the Queens Councel will thereto assent But the Court in such case shall charge the Jury to find the matter specially as appears 34 H. 8. Dyer 53. But this is by Prerogative vide lib. 4. 104. the same case and 1. Inst 72. where my Lord Cook says If the Plaintiff in evidence shew any matter of Record or Deeds or Writings or any sentence in the Ecclesiastical Court or other matter of evidence by Testimony of Witnesses or otherwise whereupon doubt in Law ariseth and the Defendant offer to Demurr in Law thereupon the Plantiff cannot refuse to joyn in demurrer no more than in a Demurrer upon a Count Replication c. and so è converso may the Plaintiff Demurr in Law upon the evidence of the Defendant but the Kings Councel shall not be enforced to joyn in Demurrer but in that Case the Court may direct the Jury to find the special matter So that the several sorts of evidence make no difference as to the joyning in Demurrer 1. part Leon. 206. Darrose against Newbott Cro. 4. Car. fol. 143. In Error of a Judgment in Bridgewater The Error assigned was for
the Plaintiff was seized in his Demesn as of Fréehold and that afterwards the Rent was behind at such a Feast c. By which the Lessor entred into the Land upon the possession of the Lessée And pray the discretion of the Iustices if this be a Disseisin done to the Plaintiff or not Then for that it appeareth to the Iustices that this was no Disseisin to the Plaintiff insomuch as the Entry of the Lessor was congeable on him The Iustices ought to give Iudgment that the Plaintiff shall not take any thing by his Writ of Assize and so in such case the Lessor shall be ayded and yet no Writing was ever made of the Condition For as well as the Iurors may have Conusance of the Lease they also as well may have Conusance of the Condition which was declared and rehearsed upon the Lease In the same manner it is of a Feoffment in Fée or a guift in tail upon Condition although no Writing were ever made of it And as it is said of a Verdict at large in an Assize c. In the same manner it is of a Writ of Entry founded upon a Disseisin and in all other Actions where the Iustices will take the Verdict at large there where such Verdict at large is made the manner of the whole Entry is put in Issue But in Assise of Rent it cannot be found to be upon Condition unless they also find the Deed of the Condition So of a Confirmation in Fee to Lessée for years Per Hale Ch. Just Guild-hall Hill 1671. A Special Verdict may be found as to Damagâ—s in an Action of the Case as the Case was there viz. Pro Quer ' and if so c. then such Damages if so c. then Damages such and he said he had known it so done in Debt and the Damages three ways Also in such case where the Enquest may General Verdict give their Verdict at large if they will take upon them the knowledge of the Law upon the matter they may give their Verdict generally as is put in their charge as in the case aforesaid they may well say that the Lessor did not disseize the Lessée if they will c. The Iury may likewise find Estoppel Estoppels which cannot be pleaded as in the 2 d Report fol. 4. it well appears where one Goddard Administrator of James Newton brought an Action of debt against John Denton upon an Obligation made to the Intestate bearing date the 4th day of April Anno 24 Eliz. The Defendant pleaded that the Intestate dyed before the Date of the Obligation and so concluded that the said Escript was not his Deed upon which they were at Issue And the Iury found that the Defendant delivered it as his Déed 30 July Anno 23. Eliz. and found the Tenor of the Déed in haec verba Noveriat universi c. Dat. 4. Aprilis Anno 24 Eliz. And that the Defendant was alive 30 July Anno 23. Eliz. And that he dyed before the said date of the Obligation and prayed consideration of the Court if this was the Defendants Deed And it was adjudged by Anderson Chief Justice Windham Periam and Walmesley that this was his Deed And the Reason of the Iudgment was That although the Obligèe in Note that a Deed may be plâ—aded to be delivered after the dare but nor before because it shall not be intended written before the date which may be after the date 12 H. 6. 1. pleading cannot alledge the delivery before the date as it is adjudged in 12 H. 6. 1. which case was affirmed to be good Law because he is estopped to take an averment against any thing expressed in the Deed yet the Jurors who are sworn ad veritatem dicâ—nd shall not be estopped For an Estoppel is to be concluded to speak the truth and therefore Jurors cannot be estopped because they are sworn to speak the truth But if the Estoppel or Admittance be As in Wast supposed in A. to plead that A is a hamlet in B. and not a Town of it self admitteth the Wast c. 9 H. 6. 66. and the Jury cannot find no Wast for that would be against the Record Estoppel within the same Record in which the Issue is joyned upon which the Jurors give their Verdict there they cannot find any thing against this which the parties have affirmed and admitted of Record although it be not true For the Court may give Iudgement upon a thing confessed by the parties and the Jurors are not to be charged with any such thing but only with things in which the parties vary Ib. li. 5. 30. So Estoppels which bind the Interest of the Land as the taking of a Lease of a mans own Laâ—d by Déed indented and the like Cro. 1. part 110. Lib. 4. 53. being specially found by the Iury the Court ought to judge according to the special matter for albeit Estoppels regularly must be pleaded and relyed upon by apt conclusion and the Iury is sworn ad veritatem dicend yet when they find veritatem facti they persue well their Oath and the Court ought to adjudge according to Law So may the Iury find a Warranty being given in Evidence though it be not pleaded because it bindeth the right unless it be in a Writ of Right Warranty not pleaded when the Mise is joyned upon the méer right 1 Inst 227. Verdicts ought to be such that the Court Uncertain Verdicts may go clearly to Indgment thereon and therefore Verdicts finding matter incertainly or ambiguously are insufficient and void and no Iudgment shall be given thereupon As if an Executor plead Plene Administravit and Issue is joyned thereon and the Jury find that the Defendant hath Goods within his hands to be administred but find not to what value this is an uncertainty and therefore an insufficient Verdict li. 9. 74. 1 Inst 227. It is the Office of the Jurors to shew the The Office of the Jury verity of the fact and leave the Iudgment of the Law to the Court. And therefore upon an Indictment of Murder quod felonice per cussit c. If the Iury find per cussit tantum yet the Verdict is good for the Iudges of the Court are to resolve upon â—he special matter whether it was felonice and so Murder or not li. 9. 69. And if the Court adjudge it Murder then the Jurors in the conclusion of their Verdict find the Felon guilty of the murther contained in the Indictment A Verdict that finds part of the Issue and Verdict finding part of the Issue finding nothing for the rest is insufficient for the whole because they have not tryed the whole Issue wherewith they are charged As if an Information of intrusion be brought More 406. against one for intruding into a Messuage and 100 Acres of Land upon the general Issue the Iury find against the Defendant for the Land but say nothing for the House this
and the Judges of the Kings Bench in an Appeal of Felony It séems they seldom or never killed one another in this tryal of Battel for their Weapons were but Batoons and he that was vanquished was presently upon Proclamation made to acknowledge his fault in the Audience of the people or else to cry Cravent in the name of Recreantise c. and upon this Iudgement was to be given and after this the Recreant should amittere liberam legem that is should become infamous c. 2 Institutes 247. Finch 421. lib. 9. 31. Mirror of Justice 161 162 c. 1 Inst 294. Glanvil saith the tryal by Grand Assise Grand Assise came by the Clemency of the Prince Est autem saith he Magna Assiza Regale quoddam beneficium Clementia Principis de consilio Procerum populis indultum For the Tryal of Treason Murther and Felony as well upon Appeals as upon Indictments see Stamford's Pleas of the Crown By Glanvil cap. 1. lib. 14. it appeareth the tryal of these Crimes by the old Law was this If there were no direct proof nor accuser or if there was any accuser or direct proof yet if the party denyed the same then the tryal was by Wager of Battel if the party accused was not 60 years old and of sound Limbs but if he was older or not sound then he Per judicium Dei was to be tryed per judicium Dei namely per calidum ferrum vel aquam that is if he was a Freeholder he was to run bare foot and bare legg'd over a row of hot Iron Barrs and if he passed three times without stop or fall he was acquitted And if he was a meaner person called Rusticus he was to run through vessels filled with scalding water 20. In a Writ of Disceit upon a Recovery Recovery by default Summoners pernors veiors by default the Tryal shall be if the Iudgment was given upon the Petit Cape by the Summoners if upon the Grand Cape by the Summoners pernors or veiors and not per pais So if a Recovery by default in a real Action be pleaded to which the other saith Nient comprise this shall Nient Comprise not be tryed per pais but by the Summoners and Veiors lib. 9. 32. En Assise if the issue be whether the Land was extended in an Elegit c. This shall be tryed by the extendors joyned with the Assise 31. Ass 6. vide Rolls tit Tryal 581 582. Of Tryals per L'escheator per Examination vide ib. In an Appeal if the Exigent be awarded Escheator Sheriff and the party pray a Writ to inquire of the goods and Chattles and to seise them this may be awarded to the Escheator or Sheriff at the Election of the Court. 41. Ass 13. vide hic cap. 24 27. 21. In debt upon a simple Contract Detinue Wager of Law c. The tryal may be by Wager of Law or per pais at the Defendants Election But when the Defendant wageth his Law he ought to bring with him Eleven of his Neighbours who will avow upon their Oath that in their Consciences he saith true so as he himself must be sworn de fidelitate and the Eleven de credulitate Ib. Finch 423. and 1 Inst 295. you may read excellent Learning concerning this Tryal 22. If Profession be denyed it shall be Profession tryed by the Court Christian But if the time of the Profession be in issue this shall be tryed by the Country lib. 4. 71. So though an Inrollment or other matter of Inrollment Record cannot be tryed per pais yet the time when the Inrollment was made may be tryed per pais So whether the party Appearance appeared in such a Court or on such a day c. shall be tryed per pais Cro. 3. part 13. So whether one was Sheriff Sheriff Admission c. Plenarty such a day or not Cro. 1. part 421. Admission Institution Plenarty and Ability of the Parson shall be tryed by the Bishop But Induction shall be tryed by the Country and so shall Avoydance by resignation Dyer 229. Moor 61. And voyd or not voyd shall be tryed per pais 1 Inst 344. And Plenarty if the Clerk be dead Mirror of Justice 324. li. 6. 49. The cause of refusal of a Clerk by the Bishop shall by tryed by the Metropolitanâ— if the Clerk be living but per pais if he be dead l. 5. 58. Ability shall be tryed by the Ordinary if Per spiritual Law Vide hic cap. 16. the Clerk be alive but if dead then per pais Institution resignation full or not full Professâ—on unless alledged in a Stranger Prior removeable at will or perpetual general Bastardy the Right of Espousals Divorce c. shall be tryed by the Bishops but in many cases these matters being mixed with other circumstances shall be tryed per pais As if the Church be void by Resignation Per pais For although Institution resignation c. are Spiritual yet avoidance induction c. are notorious to the Country or void or not void Induction Institution and Induction together because the Common Law shall be preferred Prior or not Prior. Bastardy alledged in a stranger to the Writ or in one dead or Abatement of the Writ Whether a feme be a feme covert in possession c. in trespass by Baron and feme Nient Son feme shall be tryed per pais And see in Rolls tit Tryal 584. c. Many cases where Bastardy Marriage c. shall be tryed per ley spiritual or per pais The time c. of Consecration of a Bishop and of other spiritual matters shall be tryed per pais By what spiritual person the tryal shall be and for what cause vide ib. 23. An Ideot found so from his Nativity Ideoty by Office may come in person in the Chancery before the Chancellor and pray that before him and such Iustices or Sages of the Law which he shall call to him who are called the Council of the King he may be examined whether he be an Ideot or no or by his friends he may sue a Writ out of Chancery retornable there to bring him into the Chancery Ibidem Coram nobis concilio nostro examinand lib. 9. 31. 24. If it be in question whether the Sheriff Sheriff made such a retorn or not It shall be tryed by the Sheriff If whether the Undersheriff made such a Retorn or not it shall be tryed by the Undersheriff If Retorn the question be whether such a one be Sheriff or not he is made by Letters Patents of Record and therefore it shall be tryed by the Record ib. Cro. 1. part 421. 25. If an Approver say that he Commenced Dures his Appeal before the Coroner per dures this shall be tryed by the Record of the Coroner and if it be found that he did it without dures he shall be hanged ib. Corone br 75. 26. The Tryal
Defendant unless when he is actor as well as the Plaintiff or unless there be a default and Leches in the Plaintiff therefore there can be no Tryal by Proviso against the King unless with the Attorney General 's consent because no default or Laches can be imputed to the King But an avowant in Replevin may have a Venire facias with a Proviso immediately Proof presently after issue joyned after issue joyned because he is Actor and in nature of the Plaintiff If the Plaintiff in Detinue and the Garnishee be at issue and the Plaintiff prays a Nisi prius and this is granted Garnished yet the Garnishee at the same time may have a Nisi prius with Proviso because he is Plaintiff also 19. li. 6. 46. Rolls tit Tryal 629. If the Plaintiff deliver the Writ to the Sheriff tarde so late that he cannot serve Tarde it the Defendant shall have a Writ with a Proviso But at the same time the Plaintff may have another Writ and the Sheriff may return which of them he pleases at his Election 8 H. 6. 6. The Proviso ought to be quando duo brevia sunt in eodem gradu qualitate If the default be in Plaintiff after issue in the prosecuting of the Venire facias then the Defendant may have a Venire facias with Proviso but not a Hab. Corpus with a Proviso until the Plaintiff have made a default in the same Writ for he ought only to have the same Process with a Proviso in which there was a default of the Plaintiff first and therefore although the Defendant had a Venire facias with a Proviso upon a default of the Plaintiff yet he cannot have a Nisi prius by Proviso without another default of the Plaintiff If the Defendant had a Hab. Corpus by Proviso and the Jury remain for want of Hundredors yet he cannot have a Distringas Jur. with a 10. Tales cum Proviso until a default of this request of a Tales is in the Plaintiff D. 15 El. 318. 10. But note the Nota in Stamford's Pleas How the Plaintiff may stop the Defendants Proviso del Coron fol. 155. That if by negligence of the Plaintiff the Defendant sues a Venire facias with a Proviso yet the Plaintiff may at his pleasure stay the Defendant that he shall not proceed in his Process in praying a Tales upon the Defendants Process as it appears T. 15 H. 7. fol. 9. And the Defendant shall never be received to pursue this Process with a Proviso so long as the Plaintiff pursues or is ready to pursue as appears Mich. 14 H. 7. fol. 7. And seeing the Tales men offer themselves Tales men to us we will tell them upon what accompt they come before they thrust themselves into the Inquest commonly for the love of eight pence but it may be to do some of their Neighbours a shrewd turn CAP. V. Why the Venire facias runs to have the Jury appear at Westminster though the Tryal be in the Country Of the Writ of Nisi prius when first given when grantable when not and in what Writs Of Justices of Nisi prius Of the Tales at Common Law and by Statute When the Transcript of the Record of the Nisi prius differs from the Roll whereby the Plaintiff is Non-suited he may have a Distringas de novo BUt to observe the Method of the Writ the next words are Coram Justiciariis nostris de Banco apud Westminst tali die And here first of all you may ask me to what purpose the Sheriff is comâ—anded to cause the Iury to come to Westâ—â—â—ister when they are to try the Cause in the Country and in truth are not to come to Westminster I must confess the resolution of this question is not unnecessary wherefore we must know that Originally before the Writ of Nisi prius was given the purpose for which the 12. men were to be summoned upon the Writ of Venire fac Why the Venire facias is to have the Jury appear at Westminster to come to Westminster was that contained in the Writ videl Ad faciend quandam Juratam for then was the Tryal intended to be there if a full Iury appeared if not then a Hab. Corpora with a Tales sometimes Hab. Corp. annexed to it the form whereof you may see in the Register and if they did not appear at the Return in the Hab. Corpora then went out the Distringas This Distringas I speak of the Common Pleas But the course of the Kings Bench and Exchâ—quer is after the Venire fac to have a Distringas leaving out the Hab. Corpora Tryals then were all at the Bar. I speak not of Assises But now because Jurors did not use to appear upon the Venire facias it being without penalty Tryals at the Bar are appointed upon the Hab. Corpora and Distringas because the Iury will Tryals at Bar. more certainly appear at the day in the Distringas through fear of forfeiting issues which the Sheriff returns on the Distringas not on the Venire facias By the Statute of 18 Eliz. cap. 5. no Iury shall be compelled to appear at Westminster for the Tryal of an offence upon any penal Law committed above 30. miles from Westminster Where a Jury is not compellable to appear at Westminster except the Attorney General can shew reasonable cause for a Tryal at Bar. Thus it was at Common Law before the giving of the Writ of Nisi prius when all Iurors together with the parties came up to the Kings higher Courts of Iustice Where the Cause depended which when Suits multiplyed was to the intolerable burthen of the Country 27 E. 1. cap. 4. Wherefore by the Statute of Westminst 2 cap. 30. A Writ of Nisi prius was first Nisi prius when first given and wherefore given and that in the Venire facias as we may see in the form of the Writ there mentioned scil Prâ—cipimus tibi quod venire facias coram Justiciariis nostris apud Stamfords Pleas of the Crown 156. Westmon in octabus Sancti Michaelis nisi talis talis tali die loco ad partes illas venerint 12. c. By which Writ it appears that the Venire facias was not returnable till after the day of the Nisi prius But the mischief thereof was so great partly Nisi prius in the Venire facias in respect that the parties not knowing the Iurors names could not tell how to make their Challenges and so were surprized and partly in respect of the Iury who were greatly delayed by the Essoyns of the parties that by the Statute of 42 E. 3. cap. 11. It is Ordained that no Inquest but Assises and deliverances of Gaols be taken by Writ of Nisi prius nor in other manner at the Suit of the great or small before that the names of all them that shall pass in the Inquests be returned
in the Court. And their names The names of the Jurors must be returned into the Court before any Tryal and why must be returned upon a Pannel annexed to the Venire facias so that either party may have a Copy of the Iury that he may know whom to challenge And the Iury not coming upon the Venire facias make a feigned default which warrants the Distringas c. unless they appear at the day of the Nisi prius So that by what hath been said you It is in the Courts discretion whether to grant a Nisi prius or not may perceive to what purpose the Sheriff is commanded to cause the 12. men to come to Westminster though the Tryal be in the Country And that ad faciend quandam Juratam because it is in the discretion of the Court whether to grant a Writ of Nisi prius or to have a Tryal at the Bar. And for this the Duke of Exeter being Plaintiff in Trespass a Nisi prius was prayed for the Duke and it was denyed for that the Duke was of great power in that County And if the Tryal should be had in the Country inconvenience might thereupon follow as you may read 2 Inst 424. and 4. Inst 161. Nay in some Cases as if the Cause require long examination c. it is not in When the Court cannot grant a Nisi prius the power of the Court to grant a Nisi prius if the King please For in such Cases as it appears by the Writ in the Register 186. the King by his Writ may restrain and command the Justices that they shall not award any Writ of Nisi prius and if they have that they supersede it F. N. B. 240. 241 No Nisi prius shall be granted where the King is party without especial Warrant from the King or the Attorney Where the King is concerned Generals consent Stamf. 156. F. N. B. 241. 4 Inst 161. In a praecipe quod reddat if the Tenant after aid of the King pleads to the Inquest the Plaintiff shall not have a Nisi prius because the Tenant hath aid of the King and so the King is in a manner Party 25 E. 3. 39. Neither is a Nisi prius to be granted if any of the parties may have prejudice by it If the Iustices de Nisi prius die before Certification of Verdicts the day in Bank yet the Record shall be received from the Clerk of Assise without a Certiorari or other form of entry but the antient form Also in that Case a Certiorari may be directed to the Executors or Administrators of the Iustices to certifie the Record D. 4 5 Mar. 163. 55. Rolls tit Tryal 629. They have no power to increase Damages What things the Justices of Nisi prius may do nor to allow or disallow protections nor to allow a Plea of Excommengement in the Plaintiff But they may record the protection and the default and this shall be allowed or disallowed in B. They may demand the Iurors upon a Jurors sur paine fine Pein they may amerce Iurors and punish a Trespass done in their presence which is in despite of the King and for this make Process and may fine Offenders In Ejectment the Defendant may plead at the Assises that the Plaintiff hath entred into parcel of the Land mentioned in the Declaration puis le darrein continuance and the Plea puis darrein continuance Iustices of Nisi prius may accept this Plea But it is in their Election for if they perceive the Plea is dilatory they may refuse it for it is in their discretion Sir Hugh Browns Case in Scaccario Mich. 8 Jac. Rolls tit Tryal 630. If 11 Iurors be sworn and the 12th The power of the Judge upon disagreement or other matter is challenged and the Iurors cannot agree in the challenge for 10 affirm the challenge and the other denies it although the party which did not take the challenge will not agree that the Eleven sworn shall Challenge have another to them in the lieu of him that is challenged yet the Court may do this If a challenge be taken to the Array before any Iuror is sworn and Triors be chosen who cannot agree yet they shall not be commanded in Custody because they never were sworn upon the principal But the Court may discharge them and chuse others If there be three Triors who will not agree the Court cannot take the Verdict Jurors discharge of two and command the other to prison The same Law in case of a Verdict upon an issue Where 14 Iurors are impannelled for the King the Judge cannot discharge any of them after they are sworn if not that they will not agree with their Companions If the Iury say upon demand of the Amencement Court that they are agreed and afterwards when they are opposed they say the contrary in any matter they may be amerced for this Rolls tit Tryal 675. And now since the Nisi prius for so it is Nisi prius why so called called because the word prius is before venerint in the Distringas c. which was not so in the Venire facias upon the Statute of W. 2. cap. 30. before rehearsed must not be in the Venire facias because the names of the Iurors are to be returned to the Court before the granting of the Nisi prius therefore the Nisi prius is now in No Nisi prius before the Venire facias is returned the Hab. Corp. and Distringas And if the Sheriff return not a Pannel of the Iurors upon the Venire facias there shall be no Nisi prius upon the Tales until a Pannel be returned 27 H. 6. fol. 10. 1 H. 5. fol. 11. which brings me again to speak of the Tales A Tales is a supply of such men as were The Tales at Common Law impannelled upon the Return of the Venire facias grantable when enough of the principal Pannel to make a Jury do not appear or if a full Jury do appear yet if so many are challenged that the residue will not make a Jury then a Tales may be granted And this at Common Law was by Writs of Decem tales Octo tales c. out of the Kings Courts one of them after another as there was néed untill there was a full Jury But now by the Statutes of 35 H. 8. 6. 4 5. P. M. 7. 5 Eliz. 25. and 14 Eliz. 9. The Iustices of Assise and Nisi prius Tales by Statute at the Request of Plaintiff or Demandant Defendant or Tenant or of the prosecutor tam quam if two more or but one of the principal Pannel appear at the day of Nisi prius may presently cause a supply to be made of so many men as are wanting of them that are there present standing about the Court and hereupon the very Act is called a Tales de circumstantibus Note the difference between Tales
at Common Law and Tales by the Statute the first called only Tales the second Tales de circumstanubus the last of which can't be granted at a Tryal at Bar which is a Tryal at Common Law for there it must be only Tales by Writ annexed to the Venire facias But Tales de circumstan tibus is given by Statute to Tryals by Assise and Nisi prius per Stat. 35 H. 8. 6. Yet such a Tales to an indictment in Wales was out of that Statute and helped by 4 5 Ph. Mar. 7. If the Issue be to be tryed per two Counties and one full Inquest appear of one Tales in what Cases it shall be granted County but the Inquest remain for default of Jurors of the other County A Tales shall be awarded to the County where the de fault is not to the other If a Juror die after he is Impannelled a Tales shall issue not a Venire facias Vpon a Pluries Distringas three only appear What persons may have a Tales the Plaintiff prays another Distringas without praying a Tales yet if the Defendant pray a Tales the Court ought to grant it D. 20 El. 359. 2. A Tales shall be granted in an Attaint if In what Cases all the Grand Jury make default It cannot be granted at the day of the At what time return of the Venire facias If the Venire facias be good and the Hab. Corpus ill if the Pannel be affirmed yet the Tales is void for in effect there is only a Venire facias returned and then no Tales If the Defendant hath a Hab. Corpus Tales with a Proviso with a Proviso yet the Tales ought not to be granted with a Proviso at the Defendants request before a default in the request of a Tales in the Plaintiff At Common Law before the Statute by Custom of a Court a Tales de circumstantibus might be granted for this is a good Custom Dubitatur Rolls tit Tryal 672. If great persons are concerned and by Tales denyed their labouring the Jury doth not appear and Tales men are prepared for their turn and there is a great tumult de circumstantibus The Justices of their discretion may deny a Tales and adjourn in Bank notwithstanding the Statute The principal Pannel must stand or else there can be no Tales If the Bayliff of the Franchise answer that there be not sufficient of his Bayliwick the Justices may award a Tales de circumstantibus to be returned by the Sheriff If the Tenant for life pray in aid of the King who hath the reversion the Justices cannot grant a Tales de circumstantibus because the King is concerned If two Coroners or Esliers return the Pannel one of them cannot return the Tales c. If the Defendant sue the Writ of Nisi prius by Proviso yet the Plaintiff may have a â—ales c. The Sheriff may return 24. 40. or any number upon the Tales de circumstantibus And it may be prayed by Attorney although Attorney the Statute doth not mention an Attorney as well as in proper person The Vouchee in a praecipe quod reddat may pray a Tales though he be neither Plaintiff nor demandant in the first action If there be three Plaintiffs in Replevin c. and one of them makes default at the Nisi prius the other two cannot pray a Tales otherwise of two Coparceners Mayor and Commonalty in their proper persons cannot pray a Tales A Bishop or Abbot may Two Plaintiffs in Trespass and at the Nisi prius the Defendant shews a Record to the Court by which it appears that one of the Plaintiffs was Outlawed after the last continuance the other cannot pray a Tales The Sheriffs upon the Tales de circumstantibus may Impannel a Priest or Deacon if he hath sufficient freehold of Lay Fee but not an Infant nor one of the age of 80 years He may Impannel Coroners Capital What persons of the Tales Ministers of any Corporation Foresters men blind mute if they have their understanding but not Deaf men Excommunicated persons but not Outlawed or attaint not Aliens nor Clerks attainted nor persons attainted of false Verdicts The Coroners may put the Sheriff on the Tales It seems by the Statute none of the Challenge parties can challenge the Array of the Tales but only to the Poll. After a challenge to the Poll tryed there shall be no other challenge to the same Poll for any cause or matter that is at the same time In an action of Trespass for taking away the Plaintiffs money one of the Tales was challenged because he was a common Fosterer of Thieves and dwelt in a suspicious place and of ill fame and held a good challenge For Challenges see the Tit. Challenge at large What issues shall be tryed by Tales de circumstantibus see Williams his reading hic cap. 7. But â— since none can come after the Reporter observe with me his Nota Lecteur in his 10th Report 104. That at Common Law in the granting of a Tales five things are to be considered 1. The time of the granting c. thereof 2. The number of the Tales 3. The order of them 4. The manner of Tryal that is where by them with others and where by them only 5. The quality of them is to be considered As to the first 4 things are likewise to be considered 1. That the time of granting them is upon default of so many of the principal Pannel that there cannot be a full Inquest 2. That at the time of granting them the principal Array stand for Tales are words similitudinary and have reference to the assemblance which then ought to be in esse and therefore if the Array be quashed or all the Polls challenged and treited no Tales shall be awarded for then there are not Quales but in such a Case a new Venire facias shall be awarded But if at the time of granting the Tales the principal Pannel stand and afterwards is quashed as aforesaid yet the Tales shall stand For it sufficeth if there were Quales at the time of granting the Tales 3. It is to be observed that he which is meerly Defendant cannot pray a Tales till the Plaintiff hath made default 4. In some Cases a Tales shall be granted after a full Jury appear and is sworn as if a Jury be charged and afterwards before a Verdict given in Court one of them die a Tales shall be awarded and no new Venire facias and so if any of the Jurors Impannelled die before they appear and this appears by the Sheriffs return the Pannel shall not abate but if there be need a Tales shall be awarded And the time for Challenge and Tryal of the Tales is after the principal Pannel be tryed and if the principal Pannel be affirmed the same Tryors shall try the Tales But if it be quashed then the two Tryers of the Principal shall not try the Tales As to the second
What Issues they forfeit and of Judgment for striking a Juror in Westminster c. YOu have already heard how the Court may fine the Iurors for their misdemeanors in giving up their Verdict I will proceed in shewing what punishments they are lyable unto if they neglect their duty and doubtless no men have more need of knowing what penalties the Law inflicts on their offences then common Iurors who too often being preingaged with favour to the Plaintiff or malice against the Defendant Et sic è converso or with common Interest as they call it where Tythes or Commons are in questioâ— will neither hearken to their Evidence â—or direction of the Iudge But subvert the whole drift of the Common Law which will have them of the Neighbour-hood where the fact was committed to the end that they knowing most of the fact may consequently give the best Verdict yet contrariwise Iurors which live nearest do now a days most commonly so fetter themselves with favour or animosities to the parties that those which live furthest off as Iuries from other Counties for the most part give the cleanest Verdicts And how should the Iudges remedy this mischief but by severely punishing those Iuries which offend the Law in this will be their Guide for without doubt excepting life and member the Law hath provided more severe punishments against Iuries than against any other offendor whatsoever as well knowing that corruptio optimi â—st pessima And common Iurors generally have nothing to do with this verse Oderunt peccare boni virtutis amore Therefore 't is fit they should be concerned in the next Oderunt peccare mali formidine poenae wherefore the description of what this poena is shall be the conclusion of this Treatise If any Iuror take a reward to give his Verdict and be thereof attainted at the suit of other than the party and maketh fine he The penalty of Jurors taking Rewards which sueth shall have half the fine and if any of the parties to the Pleaâ— bring his Action against such Juror he sâ—â—ll recover his damages And the Juror so attainted shall have imprisonment for one year which imprisonment shall not be pardoned for any fine this is by the Statute of 34 E. 3. cap. 8. 5 E. 3. ca. 10. It is accorded That if any Juror in Assises Juries or Enquests take of the one party or of the other and be Shall not serve of any other Inquest thereof duly attainted That hereafter he shall not be put in any Assises Iuries or Enquests and nevertheless he shall be commanded to prison and further ransomed at the Kings will And the Iustices before whom such Assises Iuries and Enquests Imprisoned and ransomed that is fined shall pass shall have power to enquire and determine according to this Statute A man would think that these Statutes should have frighted any Iuror from taking Rewards to give his Verdict But Quid non mortalia pectora cogis Auri sacra fames So sacred is this love of Money that Conscience her self must vail to it and not stand in competition with such allurements wherefore the Law did redouble its force nay more produced a Decies tantum scil That a Iuror taking reward to give his Verdict shall pay ten times sâ— much as he hath taken which forfeiture methinks should make even those who love Money best refuse to take Money upon such an account because it is like a Canker in their Estates depriving them in the end of ten times more than it brought for which hear the Statute 38 E. 3. cap. 12. Item As to the Article of Iurors in the Decies tantum 24th year it is assented and joyned to the same that if any Iurors in Assises sworn and other Enquests to be taken betwéen the King and party or party and party do any thing take by them or other of the party Plaintiff or Defendant to give their Verdict and thereof be attainted by process contained in the same Article be it at the suit of the party that will sue for himself or for the Embraceor King or any other person every of the said Iurors shall pay ten times as much as he hath taken And he that will sue shall have the one half and the King the other half And that all Embraceors that bring or procure such Enquests in the Country to take gain or profit shall be punished in the same manner and form as the Iurors And if the Iuror or Embraceor so attainted have not whereof to make agrée in the manner aforesaid he shall have the imprisonment of one year And the intent of the King of Great men and of the Commons is That no Iustice or other Minister shall enquire of office upon any of the points of this Article but only at the Suit of the party or of other as afore is said Vpon which Statute there is a Writ called a Decies tantum and who will may bring it for it is a popular Action and lies as you sée where any of the Iurors after he is sworn taketh of one party or of the other or of both and then he is called an Ambidexter any Reward to give his Verdict c. Ambidexter And it may be brought against all the Iurors So F. N. Br. saith But for my part I think he is mistaken for the Statute mentioneth nothing of his taking money and in my opinion the case of 37 H. 6. 13. is full against him Embraceor and Embraceors although they take several Sums of Money and although the Iury give no Verdict or a true Verdict But it doth not lye against an Embraceor if he taketh no Money and imbraces or taketh Money and doth not imbrace Sée Bro. Tit. Decies tantum 13. and F. N. Br. 171. An Embraceor is he that procures the Jurors in the Country to take gain or profit or comes to the Barr with the party and speaks in the matter or stands there to survey the Jury c. or to put them in fear or solicits them to find on the one side or other and this Fellow cloaks his Embracery under pretence of labouring the Jurors to appear to do their Conscience And thus the Attorneys in the Country often take upon them to do and many times put in a word or two Attorneys ill practice for their Clyents which practice deserves the most severe punishment next to their getting the Sâ—eriff to return such and such in the Jury â—hich they having been Vnder-Sheriffs themselves and so agrée with one another are most expert at But it was said by Roll. Ch. Iust That a Plaintiff might well intreat one Iuror to appear and that it was allowed in the Star-Chamber but a Stranger could not labour one Iuror to appear But Counsellors at Law may plead for Counsellors their Money at the Barr But they must not labour the Jury privately and if they take Money for this they are
231. 245. Fine 190 191. 222. 228. 231. Outlaury 189. 246. Feoffment 189. 191. 211. 217. 231. 232. 239. 241. Proviso 189. 229. 240 241. Non decimando 189. 201. Depositions Answers 190. 230. 235. Lease 191. 213. 216 217 218. 230. Assumpsit 191. 202 203. 206. usque 210. 238. Challenge 192. Detinue 192. Inrollment 216. Fines certain or incertain 216. Dower ne unque seisin 226 227. Account 227. 241. Office 228. Verdict 228. Jointenancy 229. Bankrupt 229. Sign Manual 229. Marriage 229. Grant and Prescription 230. Confession 231. Surmise in a Prohibition 235. Jurors of a former Tryal 236. Common 236. Parcel 242. 245. Property need not be proved in a Writ of Inquiry of Damages c. 230. 'T is sufficient to prove the effect of the issue 239. Matter in Law 244. F. FIne on Jurors 435. 437. 420. 424. 443. 445. Foldcourse 206. Fine certain or incertain 216. Fine levied 223. G. GRammar and Grammarians 34. Gleaning justifiable by Special Pleading 224. Grant 230. H. HAbeas Corpora 37. Heir 104. J. JUry its Definition Antiquity and Excellency 1 2 3 4 5. 352. Are Judges of Fact 1. 367. When to appear at Westminster when not â—7 69. Their Punishment 72. 431. 429. Their Number 83. cap. 6. per tot How sworn 86. 351 352. Juror goes away and another sworn 87. 79. 429. per primer Jurors 88. Their Quality cap. 7. per tot 95. 144. A Jury of Women 91. Of Attornments 92. Exemptions 91 92 93. The same Jurors shall not try the same Issue twice 54. 391. What Persons 137 138. Of what things a Jury may inquire cap. 10. per tot 393 394. Of the Law 174. 446. 367. 446. Of a man's intent 176. Of Spiritual things 176. Of things in another County 176. 392 393. 177. Estopels 178. Decree Records Warranty Condition 179. The Office of the Jury 233. Their Oath 351 352. Assiza for Jurata 352. Anciently 12 Knights 352. Jury per medietatem linguae 353. The Jury arâ— Chancellors of the Damages 402. may be carted if they do not agree 409 419. 422. The Penalty of Jurors taking Rewards 431. Fined 435 436 437. 421 422 420. Demanded upon Pein 436. Punishment for striking a Juror 437. F orfeit Issues 438. 435. Jury adjourned 428. Juror departs 429. May give a Verdict without Evidence when they know the Fact 415. 233. How the Jury ought to demean themselves whilst they consider of their Verdict 416. 233. cap. 14. per tot Of their Eating and Drinking 422. 420. Whether the Judge may Fine them for going against their Verdict 443 444. 446. 'T is Error if a Juror challenged be of the Tales 3 Issue 7. 32. What Issue first tryed 8. Infancy 15 16 17. Inspection 15 16. Ideocy 26. Institution InductioÌ„ 24 â—5 Imprisonment 27. Jeofails 32. 51 52 53. 60 61. Justices of Nisi prius their Power c. 70 71. 82. Judges 15. Inquests of Office 84. 230. by Default 504. 415. Joinder of Counties 86. 116 117. 107. Inrollment 24. Incidents 384. 392. Judgment Arrest of Judgment 500 501. Issues forfeited by Jurors 438. 435. Justice of Peace 204. 223. Inkeepers Guests 205. Indenture 216. Inspection of a Deed 228. Jointenancy 229. K. KIng cannot be Non-suited 419. L. LEague 17. LOndon Trades and Customs there 20 21. Law Things not words most regarded in Law 5. Statute of Limitations Pleaded 203. 210. Lease 213 214. 216 217 218. 230. Livery of Seisin 222 232. M. MAyhim 15. Mannor 18. Marriage 25. 209. 229. Marshal Affairs 31. Master and Servant 204. 219. 240. 244. N. NIsi prius 55. 66. 72. 82 c. Justices of Nisi prius 70 71. 82. Nobility how tryed 17. O. ORdeal 28. Outlaw 384. 246. Officer 223. Office 228. 246. P. PEers 14. 17. Proof 17. 16. 182. 187. Parson 24 25. 212. 234. 241. Plenarty 24. Possession 234. Profession 25. Prior 25. Proces 42. Proceedings in Civil Causes 8. In Criminal Causes 9. Patents 12. Probate of a Will 19. Posteae amended 381. Plea vide Deed. Ill Plea made good by Verdict 381 382 383. What permitted in Pleading for the Juries sake 392. Of the general Issue 223. Plea Puisne darrein Continuance at the Assizes 475. 465. 467. 71. 222. Prescription in non decimando 201. To sit in a Pew 203. Trespass for pulling down a Pew 220. Prescription to dig Clay in a Common 221. To fother Equos Boves good for Mares Cows 223. Prescription and Grant Pipowder 230. Perjury 205. 243. Partner 210. Pound 220. Proviso in Statutes 241. 240. Q. QVare Impedit 55. Quo Warranto 100. R. REcord 11 12 13. 21. 23 24. 179. Recovery by Default 23. Retorns 26. 43 44. 60. Resignation 25. Rectory 214 215. Remitter 226. Recital See Evidence c. 235. S. SHeriff 26. 37. Spiritual Matters 25. Statute Staple c 26 27. Surplusage 397. Schoolmasters 219 220. Seisure 226. Surrender 238. T. TRial Quid 8. The several sorts 8. cap. 2. per tot of Fact and Law 8. What to be tryed per Pais and what not ibid. By Common Law preferred 25. 29. Of a thing done beyond Sea 27. 31. 105 106. What in one Issue binds in another 30. The time 30 31 32 33. Tryals at Bar 67. Tryal per Medietatem linguae 353. ca. 12. per tot Traverse 30. Trover 34. 224. usque 226. Tales 42. 65. cap. 5. per tot Tales at Common Law and by Statute 73. 2 Tales denyed 75. The time of granting thereof the Number Order and Quality of them c. 78. with a Proviso 75. Triors 72. Of Challenges 168 169. 2 Challenge to the Tales men 2 Treat what 171. 158. Trespass Quare vi armis lyes not for Tenant against the Lord 389. Trespass 218 usque 224 234. 237. Tithes 215. Tenant at will and sufferance 217. Tenants in Common 221. Toll 224. V. VErdict is to be guided by the Evidence 2. The Definition c. 359. Of Verdicts Cap. 13. per tot The Credit of Verdicts 360. General Verdict 365. 360. Special Verdict 361. 396. The Court cannot refuse a Special Verdict 361. That found by Verdict which cannot be Pleaded 362 c. Estoppel 365. 178. Warranty â—67 Uncertain Verdicts 367. 396. A Verdict finding part or more than the Issue 368 369. 380. 405. Verdict supplied by a Writ of Inquiry 373. 375. Verdict set aside for what faults 374. 423 424. 418. Verdict amended by the Notes 378 400. If the substance be found 't is no matter for form 500. 408. 406. 405. 393. 389. 379. 385. 386. 387. Ill conclusion 379. 392. 400. Circumstances 381. where the Verdict makes good the Plea or Declaration 381 382 383. Of what a Verdict may be 383. 393 394. Incidents 384. How construed 384. What good what not 384 385 386. 388. 389. 391. 395 396 397 398. Guilty at another day 388. Open Verdict and Privy Verdict 390. 419. The Jury cannot vary from their Verdict after it is Recorded 390 391. 409. Good by Intendment 398 399. Surplusage 397. where a special