attorneygeneral against roger hines a information in this court upon the  statute car c for lie woollen yarn on board a vessel for exportation may be  lie in any county because the offence be transitory and there be no negative  word in the statute the information charge that the defendant between the  first day of march and the day of exhibit of the information in Michaelmas  term then last to wit Parker er p at Ratcliff in the county of Middlesex  within the port of London do load or lie on board or cause to be load or lie  on board in a certain ship or other vessel to the attorneygeneral unknown one  thousand and sixty pound weight of yarn make of wool of the growth of great  Britain or the dominion of Wales to the intent or purpose to export transport  carry or convey the say yarn make of wool or to cause the same to be export  transport carry or convey into part or place out of the kingdom of great  Britain and Ireland the dominion of Wales town of Berwick upon Tweed and the  isle of jersey and Guernsey with sarke and Alderney contrary to the form of  the statute in that case make and provide wherefore his majesty say  attorneygeneral on behalf of his say majesty pray the consideration of the  court in the premise and Parker that the say defendant may for the offence  aforesaid forfeit the sum of one hundred and fiftynine pound eighteen shilling  of lawful money of great Britain be three shilling for every pound weight of  the say yarn make of wool so load or lie on board or cause to be load or lie  on board the say ship or other vessel as aforesaid contrary to the form of the  statute aforesaid the defendant plead not guilty and issue be join it appear  upon the trial that the offence be commit in Essex and that the defendant be  not apprehend or arrest in Middlesex and the information be ground upon the  statute car c it be object by the defendant counsel that the offence can only  be inquire of and try in the county where it be commit or where the offender  be apprehend or arrest and that there ought to be a verdict for the defendant  but the fact be full prove there be a verdict for the king and this point  reserve for the opinion of the court Mr starke move the court the last term to  set aside the verdict and for a new trial and insist that this be a case  within the equity of the statute James c accord to Lord chief justice holt  private opinion in hicks case salk and that by the saint and d section of it  all information for offence to be commit against any penal statute be to be  lie in the county where commit and not elsewhere and if not so prove there  shall be a verdict for the defendant Parker sect proviso that it shall not  extend to any information or action for transport wool woolfells or leather  but that such offence may be lie in any county at the pleasure of the informer  he observe that this proviso will not include the present information for lie  woollen yarn on board a ship or vessel with intent to transport it for here no  transportation of wool be allege and woollen yarn be wool partly manufacture  and a different thing from raw wool he then state the d and that section of  the statute car c sect dispose of penalty and forfeiture one moiety to the  king and the other to he that shall sue for the same by action of debt bill  plaint or information in any of his majesty court of record or before the  justice of assize or in the general quarter session of the peace in which suit  no essoin protection or wager of law shall be allow sect that every offence  that shall be do or commit contrary to this act shall and may be inquire of  and hear examine try and determine in the county where such wool woolfells  mortlings shortlings yarn make of wool woolflocks c respective shall be so  pack load or lie on board as aforesaid or else where such offender shall  happen to be apprehend or arrest for such offence in such manner and form and  to such effect to Parker all intent and purpose as if the same offence have be  whole and all together do and commit at and in such county he then object that  this be a new offence and the manner of proceed direct by the statute which  create it and though here be only affirmative word yet this offence be make  local to be try in the county where commit or where the party be apprehend he  take the difference between case where there be a antecedent offence and a  subsequent statute direct the manner of proceed and where a new offence be  create and the manner of proceed be direct by one and the same statute in the  former case negative word be necessary to make the offence local in the latter  they be not and he cite Stradlings case blow Com and dr foster case two   on  the statute of Edward of writ of error bring upon judgement in this court  Parker er p that the power of the Lord treasurer and judge appoint by the king  commission be take away by the authority give to the Lord chancellor and Lord  treasurer to examine the error in those judgement and yet there be only  affirmative word and the reason be that the designation of these two great  officer be exclusive of other in this statute introductive of a new law so in  the case there mention upon the statute h c a grant of land within the Parker  survey of the court of augmentation must be under the seal of that court and a  grant under the great seal be void and to enforce his objection he insist that  the authority give to try in the county where the offence be commit or the  party apprehend or arrest will be nugatory and can have no effect unless the  court shall put the construction upon these word which he contend for Mr  attorneygeneral contra this be a information for a offence against a statute  and it be transitory in its own nature and may be lie in any county at the  rejection of the crown and in answer to Lord chief justice holt private  opinion in hick case he cite the king against Gaul salk Lord raym and hicks  case I salk and Harris against Reyney easter b r where the judge agree that  the statute James do not extend to any offence create since the make of it and  the reason of it be that the preamble speak of offence against diverse and  sundry penal law and statute of the realm and the enact clause for or concern  offence commit or to be commit against any penal statute must relate to a  statute in be for there can be no offence against a statute which do not exist  Parker he admit that affirmative statute introductive of new law may in some  case imply a negative but he insist that that rule of construction be not  applicable to the case of the crown for if accord to Lord coke opinion Inst  the king be bind by James because he be name it will follow that he be not  bind where he be not name he cite the attorneygeneral against browse Bunbury  he say that a collection of precedent have be make for transport wool that be  lie in Middlesex and only in other county Mr solicitor general in answer to  Stradlings case in Plowd Com said the great absurdity will have be introduce  by the statute of Edward give power to the Lord chancellor and Lord treasurer  to examine the error in judgement in this court if the former jurisdiction  have not be take away he insist that the authority give by the that section of  car to try in the county where the offence be commit or the party apprehend or  arrest be not nugatory but necessary to give justice of assize and at the  quartersession jurisdiction to try and determine offence against the statute  which they will not have have without those word Parker though the superior  court will have have it Lord hale plea of the crown Mr perrott add the case of  the attorneygeneral and Rosevear easter Geo information on the act Geo c S for  one hundred pound penalty for land foreign salt and on Ann c S for the Triple  value for assist in the unship and the salt be lie to be import and land to  wit at Ratcliff in the county of Middlesex within the port of London the  defendant plead the general issue and it appear in evidence that the salt be  land at the port of Fowey in Cornwall but there be a verdict for the king Mr  ware move for a due trial and insist that the port where the salt be import  and land be make local and that the information by the special description  have tie up the offence to the port or place of importation and land but the  court after hear Mr attorneygeneral be of opinion that a offence against a act  of parliament be transitory in its nature and may be lie in any county if not  otherwise restrain and that the penalty of give by Geo be but a additional  penalty to the Triple value give by whether and as the information be well lie  in Middlesex for the penalty incur by that act so it be for the penalty incur  by Geo and unanimous deny a new trial Parker but judgement be afterward arrest  because it be only allege in the information that the duty be not pay but not  say that they be not secure Bunbury the court take time to consider of the  principal case till this term Parker er p I be of opinion upon consideration  that a offence against a statute be transitory in its own nature because it be  the same offence in all county and that the king prerogative or right to lie  his information in any county can not be take away without express negative  word accord to Inst Ascoughs case cro car and the king and Mann strange and  that the power give by the statute car c to inquire of and try offence against  it either in the county where they be commit or where the party be apprehend  or arrest only relate to justice of assize and the quartersession which court  will not have have jurisdiction to inquire of and try those offence without  such special word though this as one of the superior court have it and that  therefore they be not nugatory as Mr starke contend but have their proper  effect Lord hale plea of the crown brother leg give no opinion as he have not  hear the argument but my brother Smythe and Adam concur and agree that a  Parker subsequent statute in the affirmative do not take away the king right  of lie his information in any county he please and that the provision in this  statute to inquire of and try offence in the county where they be commit or  where the party be apprehend or arrest be not restrictive but enlarge to give  justice of assize and the quarter session a jurisdiction which they otherwise  will not have have though this court have it and upon the whole we hold that  the information be proper try in middle sex and order the postea to be deliver  to the clerk in court for the king with liberty to sign judgement trinity tem  geo