case fillip vers foul in c b a verdict be set aside where the jury cast lot  bow they shall give it prac Reg SC barn SC   g SC andr term Rep Str it be move  for a new trial because the jury be divide cast lot which fall in favour of  the plaintiff a verdict be give for he if the jury cast lot how they shall  give their verdict and give it as the lot determine the verdict shall be set  aside resolve lev Freem a after a motion in arrest of judgement on a  information in nature of a quo warranto for fish in the river Thames the king  against ld fitzwalter this be before hale in the king bench Tr car a verdict  be set aside for the same cause lev in the case of foster and Hooden Ni car  comens so in the case of keb S c b fry and hordy Jon so a verdict be set aside  which the jury have agree to give if the court shall approve of it cro  Elizabeth in the case of prior and power keb mich car it be say that a new  trial be deny for this complaint but it be because the matter appear only by  pump the juryman to swear against himself and Twisden say that it will be of  ill consequence and that in sir Philip Acton case a new trial have be grant  for throw cross or pile sergeant chapel contra insist that it have be admit by  the motion in arrest of judgement that the verdict be good and therefore the  defendant can have liberty afterward to move to set it aside in plead if the  defendant omit to plead in due order be lose the benefit of the former   light  there be much obscurity in this passage the word in coke Littleton which I  suppose to be allude to in the text be the follow good matter must be plead in  good form in apt time and in due order or otherwise great advantage may be  lose   Litt a and a man can plead to a to know facias matter which avoid or  abate the writ in the case of the king against Lord fitzwalter though it be  say to be a motion in arrest of judgement the motion be only for a new venire  c keb it be say in salk that do shall move for a new trial after a motion in  arrest of judgement and after a motion in arrest of judgement none shall move  to set aside a writ of inquiry after a writ of error bring you can move to set  aside the judgement for irregularity salk sergeant Eyre to the same effect  comens in reply sergeant Skinner Hawkins and wright insist that this motion be  not to set aside the verdict for a irregularity or for be against evidence but  because it be against justice against the nature of a trial by jury and  against great Charta which say that trial shall be per judgment Parium of  oneself comens er p it be admit that the motion be not too late to punish the  jury shall it then be too late to prevent the ruin of the defendant by this  verdict for which they be punish judgement have be enter in case and on  discovery that it have be illegal obtain it be vacate raym side keb S c a lev  a verdict be hold to be void because the jury examine the witness apart roll  Abr and more cro Elizabeth S c b chief justice it be general true that after a  motion in arrest of judgement a matter know to the party shall not be insist  on for the purpose of have a new trial but there be no instance where in a  case like this the verdict be allow because there have be a motion before in  arrest of judgement this therefore be a verdict contrary to great Charta to  the duty of a jury and against reason and right I think there ought to be a  new trial the case lev the king against Lord fitzwalter be a resolution  express in point judge Denton and I be of the same opinion judge fortescue  doubt he say that he can not take it to be as no verdict since the postea have  return it as such but he agree that it ought to be a void verdict and it be  set asideLord Mansfield in the case of Vasie v Delaval report in I term Rep p  declare upon a motion for a rule to set aside a verdict upon a affidavit of  two juror who swear that the jury be divide in their opinion toss up and that  the plaintiff friend win that the court can not receive such a affidavit from  any of the juryman themselves in all of who such conduct be a very high  misdemeanour but in every such case the court must derive their knowledge from  some other source such as from some person have see the transaction through a  window or by some other such mean this determination appear to be contrary to  the doctrine lie down in the case of part v seam barn in which similar  affidavit of the juror will have be accept by the court if they can have be  procure