J tr 
none fhall pafs on juries in affifes within-the county, but 
fuch as may difpend twenty (hillings by the year, at the 
lead, which is increafed to forty (hillings by zi Edw. I. 
it. x • 2 Hen. V. ft. 2. c. 3. This was doubled by ftat. 27 
Eliz. c. 6. which requires, in every fuch cafe, the jurors 
to have eftate of freehold to the yearly value of four pounds 
at the leaft. This qualification was railed by 16 & 17 
Car. II. c. 3. to twenty pounds per annum ; which being 
only a temporary aft for three years, was fullered .to ex¬ 
pire without renewal. However, by ftat. 4 & 5 Will, and 
Mary c. 24. it was again raifed to ten pounds per annum 
in England, and fix pounds in Wales, of freehold lands 
or copyhold; which is the firft time that copyholders (as 
fuch) were admitted to ferve upon juries in any of the 
king’s courts; though they had before been admitted to 
ferve in l'ome of the lheriff’s courts, by flats. 1 Rich. III. 
c. 4. 9 Hen. VII. c. 13. Laltly, by ftat. 3 Geo. II. c. 
25. any lealeholder for the term of five hundred years ab- 
folute, or for any term determinable upon life or lives, of 
the clear yearly value of twenty pounds per annum, over 
and above the rent referved, is qualified to ferve upon ju¬ 
ries. On account of the fmall number of freeholders in 
the county of Middlefex, and the frequent occafion for 
juries at Weltminlter, in that county, it is enacted, by 
flat. 4 Geo. II. c. 7. that a leafeholder for any number of 
years, if the improved annual value of his leafe be fifty 
pounds, above all ground-rents and other refervations, 
lhall be liable to ferve upon juries for that county. By 
ftat. 3 Geo. II. c. 25. perfons impanelled upon any jury 
within the city of London (hall be lioufeholders, and pof- 
felfed of forne eftate, either real or perlonal, of the value of 
one hundred pounds. When the ]nry \s de medietate lin¬ 
gua, that is, one moiety of the Englifh tongue or nation, 
and the other of any foreign one, no want of lands fhall 
be caufe of challenge to the alien ; for, as he is incapable 
to hold any, this would totally defeat the privilege. 
J 3- Jurors may be challenged propter off eel urn, for fufpi- 
cion of bias or partiality. This may be either a principal 
challenge, or to the favour. A principal challenge is fuch, 
where the caufe aftigned carries with it prima facie evident 
marks of fufpicion, either of malice or favour; as, that a 
juror is of kin to either party within the ninth degree; 
Finch L. 401. that he has been arbitrator on either fide ; 
that he.has an intereft in the caufe; thatthere is an aftion 
depending between him and the party; that he has taken 
money for his verdift ; that he has formerly been a juror 
in the fame caufe ; that he is the party’s mailer, fervant, 
counfellor, iteward, or attorney, of the fame fociety or 
corporation with him ; all thefe are principal caufes of 
challenge;, which, if, true, cannot be over-ruled. Chal¬ 
lenges to the favour, are where the party hath'no principal 
challenge ; but objects only fome probable circumftances 
of fufpicion, as acquaintance and the like ; the validity 
of which mult be left to the determination of triors, whole 
office it is to decide whether the juror be favourable or 
unfavourable. The triors, in cafe the firft man called be 
challenged, are two indifferent perfons named by the 
court, and, if they try one man, and find him indifferent, 
he lhall be fworn ; and then he and the two triors lhall 
try the next; and, when another is found indifferent and 
fworn, the two triors lhall be fuperfeded, and the two firft 
fworn on the jury lhall try the reft. Co. Lit. 158. 
.4. Challenges propter deliElum are for fome crime or 
rnifdemeanor, that affects the juror’s credit and renders 
him infamous. As for a conviction of treafon, felony, 
perjury, or confpiracy ; or if for fome infamous offence 
he hath,received judgment of the pillory, tumbrel, or the 
like, or to be branded, whipt, or ftigmatifed; or if lie be 
outlawed or excommunicated; or hath been attainted of 
falfe verdict, praemunire, or forgery ; or, laltly, if he hath 
proved recreant when champion in the trial by battle, and 
thereby hath loft his h'oeram legem. A juror may himfelf 
be examined on oath of voire dire, veritatem dicere, with re¬ 
gard to fuch caufes of challenge .as are not to his dilho- 
iiour or difcredit, but not with regard to any crime, or 
Vol. XI. No. 774. 
R Y. 541 
any thing which tends to his- difgrace of difadvantage. 
Co. Lilt. 158. 
Belides thefe challenges, which are exceptions again ft 
the fitnefs of jurors, and whereby they may be excluded. 
from ferving, there, are alfo other cattles to be made ufe 
of by the jurors themfelves, which are matter of exemp¬ 
tion, whereby their fervice is excafed. As by ftat. Weitm. 
2, 13 Edw. I. c. 38, lick and decrepit perfons, perfons not 
commorant in the county, and men above leventy years 
old; and by the ftat. 7 & 8 Will. III. c. 32, infants under 
twenty-one. This exemption is alio extended by divers 
llatutes, cuftoms, and charters, to phyficians, and other 
medical perfons, counfel, attorneys, officers of the courts 
of the army and navy, excifemen and placemen in ge.ner 
ral, quakers, and fome authors fay butchers, poulterers, 
and fifhinongers, in criminal cafes; all of whom, if im¬ 
panelled, mult fhow their fpjecial exemption. Clergymen 
are alfo ufually excufed, out of favour and refpect to 
their function; but, if feifed of lands and tenements, they 
are, in ftriftnefs, liable to be impanelled in refpeft of 
their lay fees, unlefs they be in the fervice of the king or 
fome bifliop. F.N.B. 166. Reg. Brev. 179. Barons of the 
realm, as has been already hinted, and all above them, 
are not to ferve in any ordinary jury ; and others may 
have this privilege by writ, or the king’s grant, &c. 
6 Rep. 33. 1 Brownl. 30. But fuch as have charters of 
.exemption, (hall be fworn on great affifes, and in attaints. 
Sc c. when their oath is requifite. 52 Hen. III. c. 14. 
A perfon indicted of treafon may challenge thirty-five 
of thofe returned on the panel of jurors to try him, with¬ 
out caufe fhown ; and, if two or more are to be tried, they 
may challenge fo many each ; but then they are to be 
tried fingly, or all may challenge that number in the 
whole, and be tried jointly. 3 Salk. 81. By ftat. 3 Hen. 
VII. c. 14, in treafon, by the king’s fworn fervants, for 
compaffing to kill the king, tried before the Iteward of 
the king’s houfehold, kc. no challenges (hall be allowed 
but for malice. Some ftatutes which take away the be¬ 
nefit of clergy from felons, exclude thofe from their 
clergy who peremptorily challenge more than twenty, 
whereby they are liable to judgment of death. But it is 
now fettled, that, if the offender be within the benefit of 
clergy, the challenge lhall be over-ruled, and the party 
put upon his trial. 2 Hawk. P. C. c. 43. 
All peremptory challenges are to be taken by the party 
himfelf; and, where there are divers challenges, they mult 
be taken all at once. But there can be no challenge till 
the jury is full ; and then the array is to be challenged 
before one of them is fworn. Hob. 235. Where the king 
is party, if the other fide challenge a juror above the 
number allowed by law, he ought to fhovv the caufe of 
his challenge immediately. 1 Buljl. 191. A defendant 
(hall fhow all caufes of challenge, before the king lhall 
fhow any. 2 Hawk. P. C. c. 43. 
If the juror is convifled and attainted of treafon, fe¬ 
lony, perjury, adjudged to the pillory, or other punifh- 
ment whereby he becomes infamous, or is outlawed or 
excommunicate, thefe are all principal Challenges-, but in 
thefe cafes and others, he that challengeth is to fhovv the 
record, if he will have it take place as a principal chal¬ 
lenge ; otherwife he mult conclude to the favour, unlefs 
it be. a record of the fame court. Co. Lilt. 157. A perfon 
undet profecution for any crime, may, before indidted, 
challenge any of the grand jury, as being outlawed, &c. 
or returned at the inltance of the profecutor, or not re¬ 
turned by the proper officer. See. 2 Hawk. P. C. c. 25. §16. 
If one challenge a juror, and the challenge is entered, 
he may not have him: afterwards fworn on the jury. If 
the defendant do not appear at the trial when called, he 
lofeth his challenge to the jurors, though he afterwards 
appear. 1 Lil. Abr. 259. When the jury appear at a trial, 
before the fecondary calls them to be fworn, he bids the 
plaintiff and defendant to attend their challenges, &c. 
After a juror is fworn, he may not gQ from tire bar un¬ 
til the evidence is given, for any caule whatfoever, with- 
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