Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Magn̄ chart̄ cap. 29. A Peere of the Realme vpon an enditement of felonie or treason shall be tried by his Peeres.

20. H 6. cap. 9. Duchisses, Baronesses, Countesses, sole or married, shall be tried (in such cases) as Peeres of the Realme. In a Court of Pipowders the triall is by * 1.1 the Merchants.

The Iurie in a writ of right is called the Grand Assise. Being foure Knights, •••• other in default of Knights, chusing a Iu∣rie of 12. vnto them. So note xvj in all, for the grand Iurie is alwayes aboue xij. and therefore no attaint lyeth for him that lo∣seth in a writ of right, because it passeth by the grand assise which is more then xij.

Challenges are here allowed for th•• parties (if they will) both to the array 〈◊〉〈◊〉 to the pols. And whether to the pannell or the pols, are to be tried by some of the Iu∣rors, if it be (a) 1.2 before any Iurors swor••, the Court shall chuse the Triors, when a∣ny Iurors are sworne they must trie it.

Challenge to the array is when the Iu∣rie is not sufficiently empanelled vpon 〈◊〉〈◊〉

cause of challenge to the Sherife, and af∣terwards to the Coroners, who by reason * 1.3 of iust exception against the Sherife made or should make the array, the (d) 1.4 Court must chuse certaine named Esloirs, (e) 1.5 where the parties shall neuer haue chal∣lenge to the whole array. Challenge to the poll is when any of the Iurors are insuf∣ficient to passe vpon the triall. This chal∣lenge must be taken before the pannell be * 1.6 perused: For if the plaintife challenge one, and when the pannell is perused, the defen∣dant challenge the same person, yet the plaintife may release his challenge, & then the Iuror shall not be drawne, because the defendants challenge is nothing worth, in that it was not made till the pannell was perused, and shal be tried by two of the Iu∣tors chosen by the Court, against whom * 1.7 no challenge shall be admitted, but chal∣lenges that sound not in reproch of the iu∣ror, as to be (a) 1.8 of counsell with the party, or (b) 1.9 within his distresse, to haue (c) 1.10 no∣thing within the hundred, or (d) 1.11 not suffi∣cient freehold, shall be examined vpon his oath, which we call an examination vpon a voyri dire. He that challenged the array if it passe against him, or (which is as strong) if he release it, shall neuer challenge the pols without shewing cause presently, which shall de tried out of hand. Before the Clark * 1.12 passe thorough the pannell. So shall not a∣ny other challenge. And after challenge to a Iuror for one cause, as fauour, &c. which

passeth against the challenger, he shall 〈◊〉〈◊〉 challenge him for another, as for hauing nothing in the hundred▪ &c.

In enditements and appeales of 〈◊〉〈◊〉 the defendant may challenge xxxv. I〈…〉〈…〉 * 1.13 without shewing cause which is called a peremptorie challenge.

Notes

• * 1.1

  Preamble of the Stat. 7. E. 4. ca. 2. so reciteth it. 39. E. 3. 2. 39. E. 3 2. 1. Mar. Dy. 98. There must be 12. beside the foure Knights. Bra••. 42.
• (a) 1.2

  27. H. 8. 26.
• * 1.3

  (••) 14. H. 7. 31. 4. H. 7. 3.
• (d) 1.4

  8. H. 6. 12. 15. E. 4. 24.
• (e) 1.5

  15. E. 48.
• * 1.6

  27. H. 8. 26.
• * 1.7

  27. H. 8. 26.
• (a) 1.8

  49 E. 3. 1.
• (b) 1.9

  3. H. 6. 36.
• (c) 1.10

  19. H. 6. 9.
• (d) 1.11

  21. H. 7. 29. 27. H. 8. 26.
• * 1.12

  (e) 7. H. 4. 46. 7. E. 4. 17.
• * 1.13

  Stam. 157. b. Doct. St. {per} Br. chall. 11. in an appeal.