ball and knight vide ante this matter come now on again Mr wright argue for  the plaintiff and say he do submit it that no custom alter the establish  principle of the law be ever hold to be good the establish principle of law in  this case he apprehend to be that every trial shall he have by twelve man of  the neighbourhood that there can be no exception against but in the present  case the custom be that where there be a defect of a sufficient number of  juror the defect be to be supply by any of the bystander of whatever part of  the kingdom they live and whatever exception there may be against they he say  this be by no mean agreeable to the statute of h for there the tale be require  to be of the body of the county and each party be allow his just challenge not  that he shall have think it a convince argument if the custom have be as the  statute be that therefore the custom will have be good for another statute of  h allow trial to be by six juror in Wales yet such custom have be always hold  to be void he argue large upon the general learning of what custom be allow by  law what not but the case Barnardiston king b er p which he principal rely  upon be that cite upon the former argument out of roll Abr where this very  custom be express hold to be bad Mr prime argue on the other side and say that  he have see the record of that case so much rely upon and there be many  exception to it which the judgement may have be reverse upon beside that which  roll take notice of particular he say the venire be not award by vicineto  neither be the entry quod a swearer to put down see in to swear falsely but in  curian he observe likewise that in the book call trial per pais p the author  be of opinion that a custom to award a tale be good the chief justice say that  its be aver in the present record that the name of the tale be add secundum  form set up he do not think material in the present case because the custom do  not appear to be accord to the statute and as to the case cite out of roll he  say it be take at the bar by roll himself and therefore he think it of great  authority judge probin say that the general principle of the law be not only  that the trial shall be by twelve but that they shall be pares likewise which  as the present custom be set out may not always be the case judge lee say as  the present record be there Barnardiston king b be no occasion to give a  opinion whether the custom will have be good if it have be accord to the  statute however even in that case he shall have think it not good upon the  authority of the case cite out of Roll s Abr but in the present it be much  worse accord the judgement be reverse