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THis being of a matter en fait, that is to say, done in the Coun∣trey. For a Jury shall not be charged with a matter in Law: nor it shall not be given in evidence unto them. But if they will take knowledge of the Law, they may give their verdict generally, viz. where a verdict may be given at large. As upon an issue of Nul tort nul disseisin. So the Jury may find of themselves matters of
record if they will, and although it be 〈◊〉〈◊〉 given in evidence. And therefore a fine or common recovery may be given in evi∣dence without shewing it under the great Seal, or Seal of the Court, or vouching the Roll of the Recovery, for the Jury may f••••d them if they will. But peradventure they are not bound to find it upon pain of ••••∣taint, unless it be shewed under the Seal is triable by the oath of twelve free 〈◊〉〈◊〉 lawful men of the same County, indiffe∣rently chosen, whom we call a Jury, and the making of the Jury is called a panel or array. And these must be 12 for the verdict no more or less, as of(a) 11 or 13 is void free, not(c) villeins, nor(d) aliens: law∣ful, for one outlawed may not be a Jur•• because he is not Legalis homo,(e) and ••redge•• the same County, for upon(f) a tresp••redge•• local, as grass cut down in the County o••redge•• D. where the Trespass was in the Cou••redge•• of S. if the Defendant plead not g••redge•• (as he may) and the Jury find him g••redge•• in the County of S. the verdict is void. ••redge•• if they find them guilty generally, a•• ••redge••¦taint lyeth. But upon an issue whether ••redge•• Executors have assets in their hands, the ••redge••¦ry may find the assets in any County, s••redge•• is but a transitory thing. Lastly, the J••redge•• must be indifferently chosen, so as nei••redge•• the Sheriff that maketh it (for that is g••redge•• cause of challenge to the panel or a••redge•• nor the Jurors that are to pass upo•• (for that is good cause of challenge to ••redge••
pols) bear either favour or malice to any party. As for the Sheriff to put in any Ju∣ror at the parties denomination. And either the Sheriff or Juror to be of his(a) Fee, or his(b) servant, or within(c) his distress, whether his Tenant (immediate or not im∣mediate, as(d) holding of J. S. who holdeth of the party) or not his Tenant, as where he is to come to the parties Hundred, or the party hath a Rent-charge going out of his Land. To be of kin to the party, for Cousin∣age in the Sheriff is a good principal chal∣leng to the array, and in a Juror to the Poll: although it be in the ninth degree, and that one cannot be heir to the other of the land in variance. As if Husband and Wife be vou∣ched (which is intendible for the warranty and Land of the wife) and the Sheriff or Juror be Cousin in the ninth degree unto the Husband, the reason whereof is, for the affection which the Law intendeth that the one doth carry to the other. And because one may be heir to the other of other land. And therefore it is a good challenge in per∣sonal sutes also: To have been(a) arbitra∣tors on his part in that matter. To(b) have an action of battery depending against the party, or an action of debt by the party a∣gainst him, &c. The Juror to have(c) ta∣ken money for his verdict to have(d) given it beforehand, or to have(e) passed formerly in the same matter, and such other things as of themselves carry favour or malice in them, and are called principal challenges. So
of those which only do induce it: as to be the parties(f) Master,(g) Councellor, At∣torney,(h) Steward of his Manor, to(i) soe him in an action of debt, &c. to be(k) of the same society with him, as if both be of Graies-Inne, or the(l) party to be within his distress, or(m) he to have passed before upon such another matter.
Westm. 2. cap. 38. In an Assise no more shall be summoned but 14.
Men above Lxx. years of age continually sick, or sick at the time of Summons, shall not be returned in Juries or Assises: nor any that dwell out of the County, unless it be in grand Assises.
Artic. super chart. cap. 9. 34. E. 3. cap. 4. Juries shall be made of the next people of the County.
11 H. 6. cap. 1. None dwelling in Stews shall be of a Jury.
9 E. 3. cap. 4. A Deed pleaded in a Franchise shall be tried in the County where the action is brought.
2 E. 6. cap. 24. Upon stroke or poyson in one County, the party dying in another, an indictment and tryal may be in the County where he dyeth. And an appeal
sued there, and tried by twelve men of the same County.
Likewise the accessaries in one County to a Murder or Felony in another County, shall be indicted, arraigned, &c. in the Coun∣ty where the offence of accessary is done.
33 H. 8. cap. 20. Indictment of a per∣son Lunatick, being at the time of confessi∣on of Treason before the Council, of perfect memory, and so certified by them, shall be tried by Free-holders of any Shire to be ap∣pointed by commission. And the tryal whe∣ther he be culpable or not, shall be there in his absence.
13 H. 8. cap. 23. Confession of Treason Misprision of Treason, or Murder being made before the Council, or three of them, or they vehemently suspecting one of such an offence, it shall be inquired, heard, and determined by Commission out of the Chan∣cery, in the Shire or place limited in that Commission, by such lawful persons as shall be returned; wherein no challeng for the Shire or Hundred shall be allowed.
28 H. 8. cap. 13. and 27 H. 8. cap. 4. All Treasons, Felonies, Robberies, Murders, and Confederacies within the Admirals Ju∣risdiction shall be inquired and determined in such form of Law as if it were done upon the land, by Commission directed to the Admiral and three or four other assigned
by the Lord Chancellor in the Shire limited in their Commission, where no challeng shall be for the Hundred.
32 H. 8. cap. 4. The indictment and ar∣raignment of treasons and misprision of treasons in Wales, or else where the Writs out of the Chancery of England run not, shall be in such Shire, and before such Com∣missioners as the King shall appoint.
35 H. 8. cap. 2. All Treasons, Mispri∣sions, or concealments of Treason done out of England, shall be inquired, heard, and determined in the Kings Bench by men of that Shire, where the Bench sitteth, or else before Commissioners, and in such Shire as shall be limited by Commission.
1 And 2 Ph. and Mar. cap. Trials for Treason shall be according to the course of the Common Law.
23 E. 3. cap. 3. No indictor be put in Enquests upon the deliverance of Indictees of Felonies or Trespass.
Westm. 2. cap 38. None shall be put in Assises or Juries triable in their own Shire, but such as have 20s. a year Free-hold, not in assises triable out of their own Shire, un∣less they have 40s.
21 E. 1. De ponend'in Assisa. None shall be put in assises triable out of their own Shire but such as have lands to the yearly value of a C. s. nor in assises triable in their own Shire, unless they hav 40s.
2 H. 5. c. 3. None shall pass in an In∣quest upon the tryal of the death of a man, nor between parry and party in plea real or personal, whereof the debt and damages a∣mount to 40 marks, unless he have Lands of the yearly value of 40s.
33 H. 8. c. 13. In Cities, Boroughs, or Corporate Towns, an Inhabitant being worth 40l. in goods, shall be admitted in trials of Murder and Felonies in every Ses∣sion and Gaol-delivery for that Town, though he have no free-hold.
35 H. 8. cap. 6. Made perpetual.
2 E. 6. c. 32. The cause of having 40 s. value, must be inserted in the venire facias; and be of Lands out of antient demesne. Where that clause needs not, the Jurors must dispend some Land of Free-hold out of an∣tient demesne within the County where the issue is to be tried.
27 El. c. 6. Where the Jurors return∣ed in the Kings Bench, Common place, Exchequer, or before Justices of Assise, ought to have 40 s. Free-hold, there they shall from henceforth have 40 l. yearly Free-hold out of antient demesne, in the County where the issue is to be tried. And the clause thereof inserted in the venire facias. These two Statutes extend not to Corporations.
27 El. c. 7. No Bayliff of Liberty shall return to the Sheriff, or deliver unto him
the name of any person to be returned in a Jury without some addition whereby the party may be known. Neither shall the Ju∣ry, &c. return any Juror out of a Liberty without some addition whereby he may be known, nor within a Liberty with other addition than that is delivered unto him by the Bayliff, &c.
8 H. 4. cap. 3. Every Juror returned within the County of Middlesex shall be cal∣led the fourth day of their return, and ap∣pearing at the same day, their appearance shall be recorded, and they shall not be amer∣ced, nor lose their issues.
5 E. 3. cap. 10. A Juror taking of the one part or of the other, shall never be of Jury more, and besides imprisoned.
34 E. 3. cap. 8. The party or any stran∣ger may sue him for it.
38 E. 3 cap. 12. And both the Jurors and embraceors to procure it, being there∣of attainted, shall pay ten times so much as he hath taken.
Westm. 2. cap. 30. Assises of novel dis∣seisin, Mortdancester, and Attaints, shall be taken thrice a year by two Justices assigned, associated with one or two discreet Knights in the Shire where they come.
In every Shire before their departure they shall appoint the day of their return: And adjourn the Assises if the taking be by any means deferred.
Also in assises of mortdancester being re∣spited, they may adjourn into the Bench if need be. And when it cometh to the taking of the assise, the Justices of the Bench shall send it back again to them.
All Pleas in either of the Benches that require small examination shall be determi∣mined before them.
27 E. 1. cap. 4. Statutum de finibus leva∣tis. Such Inquests being taken, shall be re∣turned into the Bench, and there Judgment shall be given.
Inquests and Recognisances determinable before Justices of either Bench: shall be ta∣ken in vacation time, before any of the Ju∣stices before whom the plea is brought, be∣ing associate to one Knight of the same Shire, where such Inquests shall pass, unless it require great examination.
12 E. 2 cap. 3. Stat. Eborac. Inquests in pleas of Land (that require no great ex∣amination) shall be taken in the County be∣fore a Justice of the place where the plea is accompanied with a substantial man in the County, Knight or other, so that a certain day be given to the Bench, and a certain day and place in the Countrey, in pre∣sence of the parties demanding of the same.
Inquests in pleas of Land that require no great examination, shall be taken in the Countrey, (in manner abovesaid) before
two Justices of the Bench.
2 E. 3. cap. 17. All such Inquests in plea of Land shall hereafter be taken as well of the request of the Tenant, as Demandant.
42 E. 3. cap. 11 Nisi prius shall not be granted before the name of the Jurors re∣turned.
7 R. 2. cap. 7. In all manner of pleas where a Nisi prius is grantable of office after the great distress returned and thrice served before the Justices against the Jurors, and thereupon the parties demanded if any of the said parties will pursue, or if the par∣ties refuse to have Nisi prius in the case, then at the sute of any of the Jurors that is present a Nisi prius shall be granted for ending of the quarrel.
14 E. 3. cap. 16. The Nisi prius in the Kings Bench shall be granted before a Ju∣stice of that place, if any Justice of that place may well go into those parts. Else be∣fore a Justice of the Common place, &c. otherwise the chief Baron being a man of the Law, if, &c. or else before the Justices assigned to take assises in those parts. So that one of them be a Justice of one Bench or other, or the Kings Serjeant sworn.
18 Eliz. cap. 12. The chief Justice of England upon issue joyned in the Kings Bench or Chancery, and the Chief Justice
of the Common Pleas, and chief Baron of the Exchequer, upon issues joyned in their several Courts (or in their absence two o∣ther Justices or Barons) or made Justices of nisi prius for the County of Middlesex, in all issues joyned to sit in Westminster Hall with∣in the Term, or four day after.
4 E. 3. cap. 11. confirmed. 7. R. 2. cap. 15. Justices of nisi prius shall inquire, hear, and determine, as well at the Kings suit as the parties, all maintainers, conspi∣rators, makers of confederacy, & committers of Champerty, and all other things contain∣ed in the said Article, as well as Justices of ••yer should do, if they were in the same County.
14 H. 6. c. 1. Justices of nisi prius have power in cases of Felony and Treason as tell upon acquittal, as attainder, and there∣upon to award Execution.
Stat. Eborac. 12. E. 2. cap. 2. Up∣on a deed denied where witnesses are na∣med, process shall be awarded against the witnesses, if they come not at the grand di∣stress, or upon a nihil non inventus returned, yet the taking of the inquest shall not be deferred. If he come at the grand, and the inquest remaineth untaken for some cause, the witnesses shall have idem dies, and not appearing, then the first issues returned on them shall be forfeit, and the inquest taken, notwithstanding their absence.
An Inquest shall be taken notwithstand∣ing the absence of witnesses dwelling in a Franchise where the Kings Writ runneth not. Four of the Iury must also be of the same Hundred, and so many are e∣nough though it be in an attaint where the Jury is 24. In an information upon the Statute of plurality of Farms, for having se∣ven Farms in seven Towns in four several Hundreds: If four of the Jury have any thing, or dwell within any of the four several Hundreds it is sufficient.
15 H. 8. c. 6. Made perpetual. 2 E. 6. cap. 32. Six sufficient Hundreds shall be re∣turned in every Jury.
27 El. cap. 6. If two sufficient Hundreds appear in any personal action, it is enough.
If the thing in issue lye in the notice of two several Counties, and not of one only, for(a) only two Counties may joyn, and no more. And two may though they be not the next, as Kent and Devon-shire, the Iury shall be made(b) equally out of both: That is, six out of the one, and six o•••• of the other. And this we call a joynder of Counties, as in(c) an action of Trespass, if the Defendant justifie for common append∣ant to Land in another County, or in a writ of annuity and Count of a seisin in another County then where the Church is, out of which the annuity goeth.
7 R. 2. cap. 10. An assise of novel dis∣••••s•• of Rent out of the Tenements in di∣••ers Counties, shall be in the confine of the 〈◊〉〈◊〉 Counties.
But upon an indictment of an offence ••••••inst the Crown, the tryal shall never 〈◊〉〈◊〉 by joynder of Counties. Therefore an I••dictment that one stroke J.S. in one Coun∣ty, of which stroke he died in another County, is no good Indictment, because it cannot be tried, for that the Counties can∣not joyn in an indictment. And therefore be∣••••re the Statute 2 and 3 E. 6. (which al∣••••reth the Law in this case) they were wont ••o carry the Corps into the County where ••e stroke was. But otherwise it is in an ap∣peal.
But if the Defendant plead in any ••••tion, as in a homine replegiando, or though it be but in a Writ of Trespass or Debt, ••••••t the Plaintiff is a villein regardant 〈◊〉〈◊〉 a Manor of his in another County, yet 〈◊〉〈◊〉 same shall be tried in the County ••••ere the Writ is brought. And this is in Ferorem libertatis.
28 E. 3. c. 1. confirmed. 6 H. 6. c. 28. in every sute between an Alien and a De∣••esne, (though the King be a party) the one half of the Jury shall be the Aliens. If so many be in that visne, and if there be
not to that number, then so many as be there not parties, nor with the party to the sute.
Where a Peer of the Realm is party to the action, a Knight must be returned to the Iury.
Magn. chart. cap. 29. A Peer of the Realm upon an indictment of Felony or Treason shall be tried by his Peers.
20 H. 6. cap. 9. Dutchesses, Baronesses, Countesses, sole or married, shall be tried (in such cases) as Peers of the Realm. I•• a Court of Pipowders the trial is by the Merchants.
The Iury in a Writ of right is called the grand Assise. Being four Knights, 〈◊〉〈◊〉 other in default of Knights chusing a Iury of 12. unto them. So note 16. in all, see the grand Jury is always about 12, 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 12.
Challenges are here allowed for the parties (if they will) both to the array a•••• to the polls. And whether to the pannel 〈◊〉〈◊〉 the pols, are to be tried by some of the Iu∣rors, if it be(a) before any Iuror swor•• the Court shall choose the Triors, whe•• any Jurors are sworn, they must try it.
Challeng to the array is when the Iu∣ry is not sufficiently impannelled up••••
just cause of challeng to the Sheriff, and ••••••erwards to the Coroners, who by reason ••f just exception against the Sheriff made it should make the array, the(d) Court ••••st chuse certain named Esloiers(e) ••here the parties shall never have chal∣leng to the whole array. Challeng to the ••••ll is when any of the Iurors are insuf∣••••••ent to pass upon the trial. This chal∣lenge must be taken before the pannel be perused: For if the Plaintiff challenge one, and when the panel is perused, the Defen∣dant challeng the same person, yet the ••laintiff may release his challeng, and then ••••e Juror shall not be drawn, because the ••efendants challeng is nothing worth, in ••••at it was not made till the panel was pe∣••••sed, and shall be tried by two of the Iu∣rors chosen by the Court, against whom 〈◊〉〈◊〉 challeng shall be admitted, but challeng- 〈◊〉〈◊〉 that sound not in reproach of the juror, 〈◊〉〈◊〉 to be(a) of council with the party, or(b) within his distress, to have(c( nothing ••••thing the Hundred, or(d) not suffici∣ent free-hold, shall be examined upon his ••••th, which we call an examination upon a ••••yri dire. He that challenged the array if it pass against him, or (which is as strong) she release it, shall never challeng the polls without shewing cause presently, ••hich shall be tried out of hand. Before the Clerk pass through the pannel. So shall not any other challeng. And after thalleng to a Iuror for one cause, as favour, &c. wch.
passeth against the challenger, he shall n•••• challeng him for another, as for having nothing in the Hundred, &c.
In indictments and appeals of Felo∣ny the Defendant may challenge 35 Iu∣rors without shewing cause, which is cal∣led a peremptory challeng.
22 H. 8. cap. 14. No person arraigned for any petty Treason, Murder, or Felony shall be admitted to any peremptory challeng a∣bove the number of twenty.
When there lacketh some to fill the Iu∣ry, as the greater part being returned dead, or not appearing. But if all the pols be chal∣lenged and drawn, there no tales shall be, b•••• a new venire facias for tales referred to (quales) some like thing, other of the sa•••• sort shall be taken, for there may be ma••y tales one after another(a) till it be full, which we call a Tales, which must be 〈◊〉〈◊〉(b) even number(c) less than the prin••••¦pal panel, As a decem tales, octo tales, &•• or in an attaint where the Jury is 24. 20. Ta∣les, &c. And(d) every tales must be 〈◊〉〈◊〉 a less number than other. As after a•• Octo tales, a Sex tales, but not a decem tale•• nor an Octo tales again.
35 H. 8. c. 6. Made perpetual. 2 E. ••.
cap. 32. A Tales may be made up before Ju∣••••••ces of Assise or Nisi prius ofable persons of the same County, then present at the prayer of the Plaintiff or Demandant.
4 And 5 Ph. and Ma. cap. 7. So for the King upon request by any authorised thereunto, or assigned of the Court, or by the party that followeth upon a penal Sta∣tute as well for the King as for himself.
15 El. cap. 9. Such a Tales de circumstan∣ti••us before the Justices of Nisi prius shall be granted at the prayer of the Defendant or ••••owant.
But in Indictments and Appeals that ••••ch life, a Tales may be of a greater num¦ber than the principal pannel. As a 40 Tales or as many as the Court will award, and that is in respect of the peremptory challenge of 35.
The Iury being charged, may neither ••••t nor drink (but by leave of the Iusti∣••••s) before their verdict given, and doing 〈◊〉〈◊〉 before they be agreed, it maketh their verdict void. After they be agreed it is ••••t fineable.
The Iury upon arraignment either it the(a) Kings sute(b) or in an Appeal acquitting one that was found guilty of the(c) death of a man upon an inquiry(d) by the Coroners Super visum corporis must ••••nd who did the fact. But upon an In∣dictment(e) before the Sheriff or Justices
of peace, for that is not of Record, as the finding before the Coroner is,(f) neither doth this take place in an acquitail upon an Indictment for the felonious taking of goods.
The Iury in an assise of Novel disseis•• (which are there themselves properly cal∣led an assise) shall inquire of the plea in abatement, though the issue be joyned up∣on the seisin and disseisin. And therefore no plea in abatement is there answera∣ble.
34 E. 1. De Conjunctim feoffatis. The de∣fendant in assise alledging joyntenancy of his part with a stranger by Deed, the Plain∣tiff may aver him to be sole tenant; where∣upon Process shall be made against both the defendant and the stranger. And if a•• the day both of them justifie the feoffment, they shall maintain the exception, and further answer to the Assise, as if the origi∣nal had been purchased against him joynt∣ly. If the exception be proved false by the Assise, they shall have a years imprison∣ment, though the Assise pass for them. I the Defendant absent himself at the day, the Assise shall pass against him by defa••••, though the stranger appear and Justif••e the Deed. Whether both, or one a••∣pear, if it be found by the Assise that the Exception was truly alledged, the As•••••• shall pass no farther, but the Writ sh•••••• abate. Such an Exception shall not be al∣ledged
by the Bayliff of any Tenant. The like processes in assises of Mortdancester and Juris utrum.
An Infant bringing an Assise, if a mat∣ter en fait, that is, done in the same Coun∣ty be pleaded against him, whether in A∣batement, as in an assise of Rent, that he had made his plaint of the same land whence he supposeth this Rent to be issuing: or in Bar(b) as the Deed of his Ancestor, with warranty, the Iury shall inquire of all the circumstances. Otherwise it is a Writ(c) of entry sur disseisin, or other(d) Praecipe quod reddat: for there the point put in issue and no other, shall be tried by the Jurors. Otherwise it is also in an Assise upon plead∣ing a recovery(e) against him, or other matter of Record: in that case he must an∣swer, and the Jury shall not inquire of the circumstances, for the Court shall plead and maintain for him.
The like inquiry of the circumstances ••••all be, if in an assise brought against ••im he plead to the assise at large. Other∣••ise it is if he plead in Bar, for there if the ••laintiff make himself title as by a statute ••erchant, &c. and the Infant traverse the ••••e which is found against him, the Plaintiff ••••all have judgment without inquiring of ••••e circumstances, because the issue is taken ••t of the point of the assise, and therefore ••••all one as if the Infant were of full age. So ••••••t it is better for an infant to plead unto ••••e assise at large, than otherwise.
The form of an Assise of novel Disseisin, it this, Rex vic' salutem. Quaestus est nobis A▪ qd. B. injuste, & sine judicio disseisivit eum de libe∣ro tenemento suo in N. infra triginta annos jam ultimos elapsos. Et ideo tibi praet' qd si praedict' A. fecerit te securum dè clam•• su pr'os tunc fac' tenement', illud reseisum de ca∣tallis quae in ipso capt', & ipsum ten' cum ca∣tall. esse in pace us{que} ad proximam assisam, c•••• Justic' nr'i in partes ill' venerint. Et in eari•• fac' 12 liberos & legales homines de visam illo videre tan' illud, & nomino eorum imbreviari fac' Et sum' eos per bonos sum' qd sint cora•• praefat' Justic' nr'is ad praefatam assisam p••∣rati inde facere recogn'. Et pona per vadian & salvos pleg' praed. B. vel balivum suum si ipse inventus non fuerit qd tunc sit ibi ad illud re∣cogn'auct'. Et habeas ibi summ' nomina pleg': & hoc breve. Teste, &c.
If the Tenant in a Mortdancester (be it Tenant of the Land, or Tenant by his War∣ranty) traverse any point of the writ, as the dying seised of his ancestor, &c. which goeth in abatement of the writ, yet the Iury shall inquire of all the points, as whether the de∣mandant be next heir, and whether his An∣cestor died within fifty years, &c. and any one found against the Demandant aba∣teth the writ. But a plea in bar of the assise by matter of record, release, collatteral war∣ranty, or such other matter as is out of the three points of the Assise, is peremptory to the Tenant, if it pass against him. And 〈◊〉〈◊〉 such a Plea in Bar be found again••••
the Tenant, and yet the Jury inquire fur∣ther and find one of the points of the Writ against the Demandant, as that his Ancestor died not seised, &c. he shall recover not∣withstanding that, for such an inquiry should not be upon a plea in Bar. Dyer thinketh it to be so likewise, where the Tenant vouch∣eth, and the Demandant doth counterplead the voucher, viz. that in that case though the counterplea be found for the Demand∣ant, yet that all the points must be inqui∣red and found for the Demandant, or else he shall not recover. But Fitzherbert think∣eth otherwise in that case, because it is a plea in Bar, and not to the writ.
For the Iuries direction in their ver∣dict greater liberty is permitted in plead∣ing, and matter doubtful in Law, for a Traverse may be omitted. As in Debt, against an Executor, it is a good plea to say, Administration was committed to him, and therefore he should be named Admini∣strator, and not Executor, without traver∣sing that he is not Executor, for the Lay-people know no difference between one ad∣ministring as Executor, and one admini∣string as Administrator.
The special matter may be pleaded to∣gether with a general issue, &c. As that the Obligation put in sute, was sealed by him and delivered to A. to keep till cer∣tain Indentures were made between the Plaintiff and him, before which Indentures made, the Plaintiff took the Obligation
out of the possession of A. So is it not his deed. This is good, and yet by this general conclusion the matter precedent shall not be waved, for it were perillous to put the special matter in the mouth of the Lay-people.
The Count may be abridged before verdict, so as the original remain true, as in an assise of his Free-hold, and make his plaint of Land and Rent, he may abridge it for the Rent. In an assise of his Free hold in D. and demand two Manors in D. he may abridge his plaint for one. But being of his Free-hold in D. and S. and demand one Manor extending into both, he cannot abridge either of them, for then the writ remaineth not true. In a writ of waste and as∣sign it among other things, in racing of a Copper fixed to the soil, he may abridge the wast assigned in that, so as thereby he fal∣sifie not his writ. But if the writ be Quare vastum fecit in domibus boscis & gradinis, he cannot abridge the waste supposed in domi∣bus. In a writ of ward De custodia terre & he∣redis, and Count of the Manor of D. and 15 Acres of Land, which in truth are parcel of the Manor, and pleaded by the Defend. in abatem. of the writ: he may abridge his demand of the 15 Acres. In trespass de bonis & catallis captis, and count of money ta∣ken away (for which this form will not serve, the money must needs be expressed in the writ) he may abridge the count touching that.
21 H. 8. cap. 3. The Demand of a thing intire may be abridged before verdict, though thereby the writ become false. Af∣ter acquittal upon an appeal or indict∣ment of Felony or Treason, he shall ne∣ver be drawn in question for the same of∣fence again. Therefore upon an Indictment of Man-slaughter or Murder, the Justices (by discretion) were wont not to proceed to ar∣raignment till the year and the day were past, for otherwise if he should be acquit upon his arraignment, the parties appeal were lost.
9 H. 6. 38.
14 El. Pl. 410.
41 ass. Pl.
26 ass. Pl 28.
14 H. 4. 19.
21 H. 6. 30.
9 H. 6. 63.
28 H. 8. Dy. 30.
8 ass. Pl. 23
7 H. 4. 10.
21 E. 4. 67.
20 H. 6. 39. for the Sheriff.
38 E. 3. 25. 38 E. 3. ibid. 15 E. 4. 18. Br. chall. 68. 38 E. 3. ibid. maketh a query of this.
15 Eliz. Pl. 425 for the Sheriff. 21 E. 4. 63. for a Juror.
21 H. 6. 39. for the Sheriff. 3 H. 6. 24. for the Juror.
11 H. 4. 26.
49 E. 3. 2.
49 E. 3. 1.
7 H. 4. 11.
21 E. 4. 67 for the Sheriff 14 H. 7. 2. for a Juror.
49 E. 3. 1.
14 H. 7. 2.
11 H. 4. 26.
20 H. 7. 2.
14 H. 7. 2.
18 E. 4. 13
7 H. 4. 17. 36 H. 8. Dy. 61.
15 Eliz.
49 ass. Pl. 11.
49 E. 3. 19. 21 H. 6. 3.
4 H. 7. Coro. 60 6 H. 7. 10.
19 H. 6. 18. by the common law 40 E. 3. 36.
2 Mar. Pl. 117.
Proveable of the Stat. 7. E. 4. c. 2. so reciteth it. 39 E. 3. 2. 1 Mar. Dy. 98. There must be twelve beside the four Knights Brat. 42.
27 H. 8. 26.
14 H. 7. 31. 4 H. 7. 3.
8 H. 6. 12. 15 E. 4. 24.
15 E. 4. 8.
27 H. 8. 26.
27 H. 8. 26.
49 E. 3. 1.
3 H. 6. 36.
19 H. 6. 9.
21 H. 7. 29. 27 H. 8. 26.
7 H. 4. 46. 7 E. 4. 17.
Stam. 157. b. Do. St. p. Br. Chal. 11 in an appeal.
20 E. 4. 11. Stam. 159. e.
Stam. 155. e.
Bract. tales. 11.
37 H. 6. 12.
14 H. 7. 2.
14 H. 7. 7.
20 H. 7. 3. 6 H. 8. Dy. 3.
14 H. 7. 12.
14 H. 7. ib.
13 E. 4. 3. 4 E. 6. 12.
13 E. 4. ib. 4 E. 6. ibid.
14 H. 7. ib.
13 E. 4. ib. 4 E. 6. ibid.
7 E. 6. Pl. 91. ibid.
11 Ass. pl. 6.
48 E. 3. 33.
9 E. 4. 34.
48 E. 3. ib.
48 E. 3. ib.
28 Ass. pl. 21.
Old N. B. 104.
14 El. D. 310. for all.
40 E. 3. 48. 39 Ass. pl. 31.
9 E. 4. 33.
9 H. 6. 38.
14 Ass. Pl. 9. 4 E. 4. 33. 14 H 6. 4.
10 El. Dy. 172
39 E. 3. 10.
39 E. 3. 20. Br. abridg. 111.
22 E. 4. Cor. 44.