case the king against james a conviction on the statute car c must state that  it be on oath justice may commit to the common gaol the defendant be bring  hither by habeas corpus the return be two warrant of commitment one of which  be altogether void the other be on car c for live and be in a corporation not  have take the oath c four exception be take thereto first because it do not  say upon oath but only on due proof a second the commitment be to the new  prison and not to the county gaol but it be hold they may well enough b a see  Ladbroke v Crickett term Rep b the special verdict be that one William gault a  denizen of England be owner of the ship at the time she be take that the  master of the ship be a native of holland but make a denizen of England that  two of the sailor be dutchmen and the mate with the eight other mariner  englishmen that the ship be Dutchbuilt and take during the war between holland  and France and condemned as a Dutch prize in the court of admiralty in France  and sell to the plaintiff Hugh under that sentence and that on her arrival in  England the defendant Cornelius and other as the servant of William gault take  and convert the ship to their own use SC raym the sentence of the admiralty be  produce under seal ld raym but the court will not suffer this verdict to be  argue but order judgement to be enter for the plaintiff for sentence in a  court of admiralty ought to bind general accord to law a king of Illyria SC  Skinner although the fact find by the special verdict be contrary to and  falsify the sentence in the admiralty court SC cite by holt c j who be counsel  for the plaintiff ld ray for the property be thereby alter though the sentence  be unjust SC cite ewer v Jones ld ray Carth Mod bull n p it have however be  determine that a sentence of condemnation in a foreign court of admiralty be  not conclusive evidence that a ship be not neutral unless it appear that the  condemnation go upon that ground bernard v motteux dougl but such a sentence  be conclusive as to every thing that appear on the face of it Barazillay v  Lewis park Jus so where no special ground be state in the sentence but the  ship be condemned general as good and lawful prize Saloucci v Woodhouse park  unless manifest upon the face of it against law and justice Saloucci v  Johnston park inn or contradictory to itself main v Walter park and see the  case of Burton v Fitzgerrald stram a the statute only authorize the two  justice to commit upon oath to they of any offence against the Act and it be  say to have be determine in the case of king v r Willis Hilary term Geo that  when a statute direct the information to be on oath it shall be so state in  the conviction Boscawen on conviction page b see hawk p c ch S shower KB er p  three there be two warrant and two judgement consequent and so two execution  for one and the same cause to that the court answer we will discharge he as to  the first warrant on the statute car c and then it be general for not take the  oath and make the declaration require in the statute car c whereas the  renunciation of the covenant be not now require the time for it be now expire  c fourthly Mr holt urge that of common right a man ought to be summon and have  liberty of answer before he be commit d Pemberton chief justice true of any  offence at commonlaw but when a particular statute prescribe a particular mode  of conviction you can say it be necessary as in case of deerstealing e then he  be not punish for not take the oath and declaration but for live within a  corporation the former be not the offence but only the qualification  Adjournatur f