case the queen against Delme in a information quo warranto against a alderman  the array may be challenge if return by a alderman or a freeman this be a  information against Delme for exercise the office of alderman in the city of  London not be duly choose the counsel for the queen challenge the array  because modern report one of the sheriff be one of those return to the court  of alderman this challenge be allow a venire facias be direct to the other  sheriff the counsel for the defendant challenge the array because return by a  sheriff that be concern in interest as he be a freeman of the city of London  upon this a venire be direct to the coroner the counsel for the queen before  any return enter a suggestion upon record set forth that the question to be  decide upon this trial be whether the right of election be in the freeman only  or in all those who pay scot and lot freeman or no freeman it appear from the  nature of the thing that it be impossible for a impartial jury to come out of  London and therefore they pray a venire to the sheriff of Surrey the adjacent  county it be now move to set aside this suggestion as be out of time and  inconsistent with what they have before admit upon record for it be insist  that this suggestion contain no new matter arise subsequent to or not know at  the time when upon the allowance of the challenge to the array for the  partiality of one sheriff the venire be pray to the other and grant it be now  too late to make it but what be most strong urge be that the counsel for the  queen by challenge the array and pray a venire to the other sheriff of London  have thereby admit upon record that a impartial jury may come out of London  and therefore they shall not now in disaffirmance of what they have before  admit be allow to make this suggestion it be say that these suggestion be in  their nature odious as tend to put thing out of the usual course of law these  suggestion be in the nature of challenge whatever case will prove such sort of  challenge unlawful modern report must by parity of reason prove the illegality  of the suggestion a case quote be Edward S pl cro James Henry Robinson be  entry pa more Edward dyer roll earl of ken case roll a in the follow term it  be insist in favour of the suggestion that the defendant by his challenge to  the array have destroy whatever admission upon record the sue out the venire  to the other sheriff may amount to for the sake of have trial fair and to  prevent delay of justice challenge be favour in law hence it be allow by law  to make several challenge at the same time a   light a though a challenge be  in be at the time of the former yet if the party have not by reasonable  intendment notice of the cause of challenge he be not estopped now this  suggestion depend entire upon the knowledge of the custom of the city of  London which custom the crown be a stranger modern report er p to beside there  be no argue from proceed at law between subject to suit where the crown be  party because the crown have several privilege above a subject as the crown  may waive their demurrer take issue and waive that issue b Vaughan b the crown  may change their own venue c dyer vent c the queen may amend her plead at any  time nor will any estoppel bind the crown d hob side d Adjournatur