section conditional estate part also albeit a man can in any action plead a  condition which touch concern a freehold without show write of this as be  aforesaid yet a man may be aid upon such a condition by the verdict of man  take at large in a assize of novel seize or in any other action where the  justice will take the verdict of juror at large as put the case a man seize of  certain land in fee let we the same land to another for term of life without  deed upon condition to render to the lessor a certain rend and for default of  payment a reentry c by force whereof the lessee be seize as of freehold and  after the rend be behind by which the lessor enter into the land and after the  lessee arraign a assize of novel seize of the land against the lessor who  plead that he do no wrong nor seize and upon this the assize be take in this  case the Recognitors of the assize may say and render to the justice their  verdict at large upon the whole matter as to say that the defendant be seize  of the land in his demesne as of fee and so seize let the same land to the  plaintiff for term of his life render to the lessor such a yearly rend Payable  at such a feast c upon such condition that if the rend be behind at any such  feast at which it ought to be pay then it shall be lawful for the lessor to  enter c by force of which lease the plaintiff be seize in his demesne as of  freehold and that afterward the rend be behind at such a feast c by which the  lessor enter into the land upon the possession of the lessee and pray the  discretion of the justice if this be a seize do to the plaintiff or not then  for that it appear to the justice that this be no seize to the plaintiff  insomuch as the entry of the lessor be congeable on he the justice ought to  give judgement that the plaintiff shall not take any thing by his writ of  assize and so in such case the lessor shall be aid and yet no write be ever  make of the condition for aswell as the juror may have conusance of the lease  they also aswell may have conusance of the condition which  wasdeclared&rehearsed upon the lease verdict of man Veredictum quasi dictum  reality as judgment be quasi law dictum et as and questioning law non  respondent a swearer say judge such and questioning fact non respondent judge  say a swearer for juror be to try the fact and the judge ought to judge accord  to the law that rise upon the fact for ex facto law be born take at large  there be two kind of verdict videlicet one general and another at large or  especial as in a assize of novel seize bring by a against b the plaintiff make  his plaint quoth b disseisivit come de promontory  terrae come pertinentiis  the tenant plead quoth ipse no one in an unjust manner seu disseisinam  a saying beforehand a ind fecit c the Recognitors of the assize do find quoth  predict a injust without judgment disseisivit predict b de predict promontory   terrae come pertinent c this be a general verdict the like law it be if they  find it negative and Littleton here put a case of a verdict at large or a  special verdict and it be therefore call a special verdict or a verdict at  large because they find the special matter at large and leave the judgement of  law thereupon to the court of which kind of verdict it be say l all men   state of siege good very judgment sequitur ex good spit  to send forward  speech Juratorum and though Littleton here put his case of a verdict at large  upon a general issue which in the case he put it be necessary for the tenant  to plead yet when issue be join upon some special point the jury as shall be  say hereafter in this section may find the special matter ifitbedoubtfull in  law for as much as doubt may arise upon one point upon the general issue as  upon the general issue and as a special verdict may be find in common plea so  may it also be find in plea of the crown orcriminall cause that concern life  or member a verdict find matter incertainely or ambiguous be insufficient and  no judgement shall be give thereupon as if a executor plead Pleinment  administre and issue be join thereupon and the jury find that the defendant  have good within his hand to be administer but find not to what valve this be  uncertain and therefore insufficient a verdict that find part of the issue and  find nothing for the residue this be insufficient for the whole because they  have not try the whole issue wherewith they be charge as if a information or  intrusion be bring against one for intrude into a mesuage and acre of land  upon the general issue the jury find against the defendant for the land but  say nothing for the house this be insufficient for the whole so be it twice  adjudge m but if the jury give a verdict of the whole issue and of more c that  which be more be surplusage and shall not a stay judgement for utile per  inutile non to make faulty but necessary incident require by law the jury may  find if the matter and substance of the issue be find it be sufficient as  Littleton himself say hereafter Estoppells which bind the interest of the land  as the take of a lease of a man own land by deed indent and the like be  special find by the jury the court ought to judge accord to the special matter  for albeit estoppels regular must be plead and rely upon by a apt conclusion  and the jury be swear and reality to say yet when they find reality fact they  pursue well their oath and the court ought to adjudge accord to law b so may  the jury find a warranty be give in evidence though it be not plead because it  bind the right unless it be in a Writ of right when the mouse in join upon the  mere right c after the verdict record the jury can vary from it but before it  be record they may vary from the first offer of their verdict and that verdict  which be record shall stand also they may vary from a privy verdict a issue  find by verdict shall always be intend true until it be reverse by attaint and  thereupon upon the attaint no supersedeas be grantable by law if the jury  after their evidence give unto they at the bar do at their own charge eat or  drink either before or after they be agree on their verdict it in finable but  it shall not avoid the verdict but if before they be agree on their verdict  they eat or drink at the charge of the plaintiff if the verdict be give for he  it shall avoid the verdict but if it be give for the defendant it shall not  avoid it such e turning d but if after they be agree on their verdict they eat  or drink at the charge of he for who they do pass it shall not avoid the  verdict e if the plaintiff after evidence give and the jury depart from the  bar or any for he do deliver any letter from the plaintiff to any of the jury  concern the matter in issue or any evidence or any escrowle touch the matter  in issue which be not give in evidence it shall avoid the verdict if it be  find for the plaintiff but not if it be find for the defendant such e turning  but if the jury carry away any write unseal which be give in evidence in open  court this shall not avoid their verdict albeit they shall not have carry it  with they by the law of England a jury after their evidence give upon the  issue ought to be keep together in some convenient place without meat ordrinke  fire or candle which some book f call a imprisonment and without speech with  any unless it be the bailiff and with he only if they be agree after they be  agree they may in cause between party and party give a verdict and if the  court be rise give a privy verdict before any of the judge of the court and  then they may eat and drink and the next morning in open court they may either  affirm or alter their privy verdict and that which be give in court shall  stand but in criminal case of life or member the jury can give no privy  verdict but they must give it open in court and hereby appear another division  of verdict videlicet a public verdict open give in court and a privy verdict  give out of the court before any of the judge as be aforesaid a jury swear and  charge in case of life or member can be discharge by the court or any other  but they ought to give a verdict and the king can be nonsuit for he be in  judgement of law ever present in court but a common person may be nonsuit in a  assize of novel seize or in any other action here it be to be observe that a  special verdict or at large may be give in any action and upon any issue be  the issue general or special and albeit there be some contrary opinion in our  book yet the law be now settle in this point by which the lessor enter here it  appear that the condition be execute by reentry and yet the lessor after his  reentry shall not by the opinion of Littleton plead the condition without show  the deed because he be party and privy to the condition for the party must  show forth the deed unless it be by the act and wrong of his adversary as have  be say m but a estranger which be not privy to the condition nor claim under  the same as in the case abovesaid appear shall not after the condition be  execute in plead be enforce to show forth the deed and by this diversity all  the book and authority in law which seem to be at variance be reconcile see  also for this matter the section next follow the Recognitors of the assize may  say here it appear that the juror may find the fact albeit the deed be not  show in evidence and the rather for that the condition upon the livery as have  be say be good albeit there be no deed at all and pray the discretion of the  justice that be to say they have declare the special matter pray the  discretion of the justice which be as much to say as that they will discern  what the law adjudge thereupon whether for the demandant or for the tenant for  as by the authority of Littleton separation be to separate per law quid sit  justice that be to discern by the right line of law and not by the crooked  cord of private opinion which the vulgar call discretion si a jure to go apart  vagus hedgehog to be all omnibus making indistinct and therefore commission  that authorize any to proceed secundum to make sound separation your be as  much to say as secundum law experience England for as well as the juror may  have conusance hereby it appear that they that have conusance of any thing be  to have conusance also all incident and dependent thereupon for a incident be  a thing necessary depend upon another if a deed be make and date in a foreign  kingdom of land within England yet if livery and seize be make secundum form  papyrus  the land shall pass for it pass by the livery