case Heyward against LYPSON unless a v venire de center point linguce he pray  the common venire be well award though the defendant be name in the  declaration Mercator foreigner ante Edward pl S p c c dyer keb Bl Rep Plowden  in mark   light a hale Bac ab hawk action upon the case against the defendant  name he mercalmem foreigner the party be at issue and a v venire facias award  and all denizen return because the defendant do not pray it to he de center  point linguce and at the nisi prius in London before Popham chief justice  exception be take to this return for this cause and he hold it to be good  cause of exception and therefore will not try it and it be now move in that  queen bench gawdy and Fenner hold clear that the v venire facias be well award  and return of all native because the defendant in who advantage the de  medielate lingutv shall he award do not except thereunto at the award of the  writ nor pray that it may he award de center point linguce for the court  without his prayer can take conusance that he be stranger but Popham hold that  it be not well award because the plaintiff in his declaration have name he  Mercator foreigner so as he have take conusance that he be a stranger ought at  his peril to takelis v venire facias accord as it be where a baron or peer of  the realm be sue if no knight he return he may take advantage thereof at the  time of the trial a and peradventure the defendant here do not know of the  manner of the return until the time of the return wherefore it be reason that  he now shall take advantage thereof but gawdy and Fenner hold that the case be  not alike for there the defendant may not pray such a return and the plaintiff  may take conusance how the return ought to he and that it be a privilege for  the defendant whereof he maytake advantage at the time of the trial and the  name of he merchantstranger be not material if it shall not have be so do if  such addition have not be Whereforethey award the v venire facias to be good  and the trial to he thereupon and gawdy say to the defendant counsel that if  they conceive the law to he otherwise they may try it in a writ of error so as  the law may he certain know and it be order accord vide Elizabeth dyer