case crisp against VERRAL in a appeal of murder the jurisdiction of the king  bench can be take away by plead in abatement that the fact be commit in one of  the cinque portsa nte yely Inst Inst side cro car Cromp cro James hard Bac ab  Bl Com hawk Inst appeal of murder against the defendant late of Sandwich in  county lfantix of the death of his brother at Sandwich in county Kantice and  upon a capias direct to the sheriff of ken he return a non be invention and  the defendant appear to the writ and say that Sandwichprcediet be parcel of  the cinqueport where breve region non curry quiq indeed less cinqueport nee  the same aliquan parcella be within the county of ken and demand judgement of  the writ el quoad the felony and murder not guilty and thereupon the plaintiff  demurrer Tanfield for the plaintiff that the plea be insufficient in matter  and manner or as to the matter if it shall he a plea by this mean murder will  he dispunished a see car c and Cowp croak Elizabeth er p for he who do it will  fly out of the cinqueport and they have not any remedy to pursue he for they  can award process of outlawry for that ought to be proclaim in open county  which they have not any authority to do and although that in matter which  concern the realty it be a good plea to say it be within the cinqueport yet in  debt or trespass transitory against one who be not a baron of the CinqueNrts  that it be within the Cinqu Ports be no plea for if a stranger shall commit  trespass there and depart from thence and shall not he punishable there will  he a failure of justice which shall not he by reason of any grant of franchise  and to that purpose aid Edward pl Edward pl Edward pl Edward jurisdiction  Henry pl so here as this case be the party not be demurrant there if this  shall he a plea to oust the jurisdiction of this court the plaintiff shall he  without remedy there and there will he a failure of justice wherefore the plea  be not good for the matter the plea also be double for if this he a plea that  Sandwich croak Elizabeth be within the cinqueport then when he say that the  cinqueport be not within the county of ken that make the plea double for the  murder be local and be lie to he at Sandwich in the county of ken to say that  Sandwich be not within the county of ken be a good that the plea by itself for  if he have plead not guilty he may ive in Eve fact be not do in the same  county wherefore the plea be double coke and Godfrey contra that the plea be  good for it appear not to the court that if this plea be allow there will he  any failure of justice but he well may have his appeal there but if it be so  that justice shall fail that peradventure may he a cause to disallow of this  plea but that ought to appear by the replication videlicet that the party be  flee out so as there be not any remedy against he there and by the demurrer it  be confess that the place where the murder be commit be out of the county of  ken so by his confession the appeal ought to abate and for the doubleness he  can take advantage after a general demurrer but he ought to have she show it  for cause videl len pl Henry pl and afterward all the justice deliver their  opinion several that the plea be not good for the matter because this action  of appeal be high than a action real or personal and in some sort concern the  queen and in those case which concern the queen that it be within the  cinqueport it be not any plea as in a quare he edit