English, (notwithstanding Staundford's Opinion, Pl. Coron. 160.) for this Statute faith, That the Statute 2 H. 5. 3. fhall extend only to Enquefts betwixt Denizen and Denizen,

If the Defendant do not inform the Court that he is an Alien, upon awarding the Venire facias, and fo pray a Venire facias per medietatem lingue, he cannot challenge the Array for this Caufe at the Trial, if the Jury be all Denizens; (notwithstanding Staundford's Opinion to the contrary, and the Books cited by him, fol. 159. Pl. Cor.) For the Alien at his Peril fhould pray a Venire facias per medietatem lingue. Dyer 357. Vide Roll. Tit. Trial, 643.

If the Plaintiff be an Alien, he must suggest it before the Awarding of the Venire facias; but if the Defendant be an Alien, the Plaintiff is allowed to furmise that, before or after the Venire facias, because the Defendant's Quality may not be known to him before. 21 H. 7.

32.

If the Defendant be an Alien, on Notice given by his Attorney to the Plaintiff or his Attorney, the Plaintiff ought to enter it on the Roll, to have a Trial de medietate at his Peril; but the Court refufed to award it for the Defendant, on his Affidavit that he is an Alien. Keb. 1 Part 547.

No medietas lingua was at Common Law, but In what Cafes. introduced by 28 Ed. 3. c. 13. for Contracts and Felonies.

Denizens are as well thofe who are English born, as those who are Aliens and made Denizens by Patent.

On a Writ of Inquiry of Damages, the Inqueft fhall be all of English, and no Part of Aliens, for it is out of the Statute.

It feems agreed that the fubfequent Statutes, which require Jurors to have Tenements to a greater Value, no way repeal the former Statute, though the English balf of the Jury ought to have Value as in other Cafes.

Where Iffue is joined between an Alien and an Englishman, upon the Prayer of the Party, but not otherwife, a medietas lingue fhall be granted; but in the Cafe of an Alien arraigned of Treafon done bere he fhall be tried by all English; for by 1 Ma. 10. the Trial in all Treafons is according to the Common Law: But it is otherwife in a Cafe of Felony, Petit Treafon or Murder. Vin. Trial, 187.

There is no need in Cafe of an Indictment for any of the Grand Jury to be Aliens.

In Trials where Medietas lingue is required, the Alien may be aided de circumftantibus. The Return upon the Venire ought to be diftina, 12 of each, and to be fworn alternately.

Wherever a Medietas lingue is, a special Jury is to be returned: And where a Jury is de medietate lingue, the Plaintiff is not bound unless the' Jury be by fix of the one and fix of the other.

It must be prayed on the Award of the Venire facias, or it will not be allowed; for the Sheriff hath other wife by the Venire no Power to return Aliens, or Conufance that an Alien is in the Cafe.

In this Trial the Court ought to be informed that one of the Parties is an Alien before the Award of the Venire.

If the Defendant be an Alien, the Plaintiff's Attorney on Notice ought to enter it on the Roll for a Party Jury at his Peril; but the Court will not award it for the Defendant on the Defendant's Affidavit that he is an Alien. Vin. Trial, 288, 289, 290, CHAP.

. CHA P. XII.

How the Jury ought to demean themfelves, whilst they confider of their Verdict; when they may eat and drink, when not; what Mifdemeanor of theirs will make the Verdict void: Evidence given them, when they are gone from the Bar, Spoils their Verdict: For what the Court may fine them, and where the Justices may carry them in Carts, till they agree of their Verdict. An Amercement affeered by the Fury.

THE

not to eat or

drink.

HERE is a Maxim, and an old Custom Jurors ought the Law, That the Jury fhall not eat nor drink after they be fworn, till they have Dr. and Stugiven their Verdict, without the Affent and Li- dent 158. cence of the Juftices; and that is ordained by the Law for efchewing of divers Inconveniences that might follow thereupon; and that efpecially if they fhould eat or drink at the Cofts of the Parties; and therefore if they do fo, it may be laid in Arreft of Judgment.

But with the Affent of the Juftices they may

and drink.

both eat and drink; as if any of the Jurors For by Affent fall fick before they be agreed of their Verdict, of the Juftices fo fore that he may not commune of the Verdict, they may eat then by the Affent of the Juftices he may have Meat or Drink, and alfo fuch other Things as be neceffary for him; and his Fellows alfo at their own Cofts, or at the indifferent Cofts of the Parties, if they fo agree, or by the Affent

Br. Jurors,

of the Juftices, may both eat and drink: And if the Cafe fo happen, that the Jury can in no wife agree in their Verdict; as if one of the Jurors knoweth in his own Confcience the Thing to be falfe, which the other Jurors affirm to be true, and fo he will not agree with them in giving a falfe Verdict; and this appeareth to the Juftices by Examination; the Juftices may in such Case fuffer the Jury to have both Meat and Drink for a Time, to fee whether they will agree. And if they will in no wife agree, the Juftices may take fuch Order in the Matter as fhall feem to them by their Difcretion to ftand with Reason and Confcience, by awarding of a new Inqueft, New Inqueft and by fetting Fine upon them, that they fhall when the Jury find in Default, or otherwife, as they shall think cannot agree. best by their Difcretion; like as they may do,

if one of the Jury die before the Verdict, &c. Doft. and Student 158.

If the Jury, after their Evidence given unto Where, if the them at the Bar, do at their own Charges eat Jury eat or or drink, either before or after they be agreed. drink, it fhall on their Verdict, it is fineable, but it fhall not avoid the Veravoid the Verdict; but if before they be agreed dict, and where only on their Verdict, they eat or drink at the Charge fineable. of the Plaintiff, if the Verdict be given for him, it fhall avoid the Verdict; but if it be given for the Defendant, it shall not avoid it; & fic e converfo. But if after they be agreed on their Verdict, they eat or drink at the Charge of him for whom they do pafs, it fhall not avoid the Verdict. x Inst. 227. b.

To give the Jury Money, Verdict void; by two Juftices. 18,

makes their

Leon. 1 Part

1

If the Plaintiff, after Evidence given, and the What deliverJury departed from the Bar, or any for him, do ed to the Jury after Evi. deliver any Letter from the Plaintiff to any of dence, fhall

Part 824.

the Jury, concerning the Matter in Iffue, or avoid their any Evidence, or any Efcrow, touching the Verdict. LitMatter in Iffue, which was not given in Evi- tleton's Rep. 69. Keb.s dence, it fhall avoid the Verdict, if it be found for the Plaintiff; but not if it be found for the Defendant; & fic e converfo. But if the Jury carry away any Writing unfealed, which was given in Evidence in open Court, this fhall not avoid their Verdict, albeit they should not have carried it with them. 1 Inft. 227. b.

ought to be kept by the

By the Law of England, a Jury after their How the Jury Evidence given upon the Iffue, ought to be kept together in fome convenient Place, (a) without Bailiff. Meat or Drink, or Fire (c) (which fome Books call an Imprisonment) and without Speech with any, unless it be the Bailiff, and with him only, if they be agreed. After they be agreed, they may in Caufes between Party and Party, give a Verdict; and if the Court be rifen, give When they a privy Verdict before any of the Judges of the may eat and drink, fee Court, and then they may eat and drink, and Smith's Comthe next Morning in open Court they may ei- wealth 74. ther affirm, or alter their privy Verdict; and

that which is given in Court fhall ftand. But Where there in criminal Cafes of Life or Member, the Jury can be no privy Verdict. can give no privy Verdict, but they must give it openly in Court. Ibid.

(a) When the Jury depart from the Bar, (b) a Bailiff ought to be fworn to keep them together, and not to fuffer any to speak to them. 2 H. H. P. C. 296.

(b) That a Bailiff is to be sworn in a Civil as well as in a Criminal Cafe. Palm. 380.

(c) 2 H. H. P. C. 297.

A privy