coke b DOWDALES case mich James in the common plea see British south Africa  company v Companhia de Mocambique ac on a plea of plene to manage and issue  thereon the find asset be sufficient the find that they be beyond sea be  surplusage and resolve when the place be material the jury can find the point  in issue in any other plAcc otherwise where the place be name but for  conformity and necessity on every general issue the jury ought to find all  local thing in any other county which be material in law for the matter in  question when a bar be plead in a real or personal action as a release c in a  foreign county there the jury that try it shall assess damage for the profit  of the land in another county and so by a mean shall inquire of thing local in  another county which original they can do in the case of felony the trial  shall be always by the commonlaw in the same place where the offence be where  well as the contract as the performance of it be whole make or to be do beyond  sea it be not triable by our law e a before b before a cro James Pollexf   b  before a cro James godb hob h a b roll Rep SC Cro James salk Mod in debt by  Richardson against Dowdale executor of lante the defendant plead full  administer and the plaintiff say that he have asset at Exeter and the jury  find that the testator die infra kingdom Ireland and that the defendant after  the testator death diverse of the testator good within the realm of a Cr James  a Ireland take and administer to the value of the debt and that the defendant  no one alian sive more good queen fuer prd testator post death testator infra  kingdom England unquan administravit et si c and it be object by the defendant  counsel that it have be a question in old book whether the jury can find  transitory thing in a foreign county and in man Br Att b Cr Elizabeth b X c b  it be hold that the jury of one county be not c kelw a c come coke report a er  p pellable to find transitory thing in another county but at their pleasure  and it be say as a jury of one county can find a thing which be local in  another county so a jury can find any thing although it be transitory do in  another realm for by presumption of law they can in neither case take  conusance of the thing a Vid full upon this subject the judgement of abbot CJ  king v Burdett barn Ald Stephen on plead a as in Elizabeth dyer a die pl roll  palm postea a a in debt bring in London against one as son and heir on a bind  make by his father who plead nothing by descent at the time of the writ  purchase nor ever after c and the plaintiff aver asset by descent in London in  parochian ware predict and give in evidence asset in Cornwall and whether that  be good evidence or whether the jury may find it or not be the question and  there it seem it be not good evidence nor can the jury find this local matter  in a foreign county and e E 4 10 a and b h a b h a b and many other book be  that a thing mere do beyond sea shall not be try here but after many argument  and good consideration it be resolve coke a that judgement shall be give for  the plaintiff and in this case these point be resolve for good law first when  the place be material as when it be make parcel of the issue there the jury  can find the point in issue in any other place for by special plead the point  in issue be restrain to a certain place there be a difference when the place  be name but for conformity and necessity and when as it have be say it be  parcel of the issue as in the case which have be put in Elizabeth n debt  against the heir be plead nothing by descent general in that case the  plaintiff can not reply in so general a manner for then no trial can he have  thereof dyer pl hut   a calvin case Cr James   light b Hardr roll   Plowd but  in such case for conformity and necessity of trial he ought to name a certain  place as there he do within a parish and ware within London but God forbid but  that the jury may find asset by descent in any other county within England for  the law be that the plaintiff in such case shall have in execution all the  land which the heir have and perhaps he have land in diverse county and  therefore although one place be name for necessity yet the jury may find all  that which by law shall be Chargeable in such case in what town or county  soever it lie and so be the principal case resolve afterward in Elizabeth  although it be not there so report and therewith in effect agree h b adjudge  and therefore the say conceit of brook man attaint be utter deny per totan cur  for they be bind under pain of attaint to find asset in any county whatsoever  for as it have be say it may be that the executor have good of the testator in  diverse several county and which in none of the say county by itself be  sufficient so if a man have acre of land in tail in the county of n and acre  of equal value in feesimple in several county and make a feoff in fee of the  land in tail with warranty and die the issue in tail bring a formedon for the  land in n in this case the feoff can allege asset but in one county only but  the jury be bind on manifest proof upon pain of attaint to find the asset in  all the several county in which the feoff have land in feesimple on every  general issue the jury ought to find all local thing in any other county which  be material in law for the matter in question as warranty and asset in another  county so where land be exchange for land in another county and the like when  a bar be plead in a real or personal action as a release c in a foreign county  there the jury that try it shall assess damage for the profit of the land in  another county and so by a mean shall inquire of thing local in another county  which original they can do because many men to go away per sidelong queen coke  b non to go away de straight and when they try the matter of the bar on good  and pregnant evidence they ought to find all defendant thereupon as damage c  and by these difference you will better understand your book which at first  seem to disagree e assize e e I ass p ass p ass p ass p ass p ass p e b h h h  h coke report a er p h e e e h Br issue mark Br attaint and so the qure in  dyer Elizabeth well resolve but it be resolve that in the case of felony the  trial shall be always by the commonlaw in the same place where the offence be  and shall not be suppose in any other place for in criminal cause the rule  hold where quis to fail there to punish last it be resolve that the juror have  find the substance of the issue that be to say asset and the find that they be  beyond sea be surplusage for if the executor have good of the testator in any  part of the world they shall be charge in respect of they for many merchant  and other man who have stock and good to a great value beyond sea be indebt  here in England and God forbid that those good shall not be liable to their  debt for otherwise there will be a great defect in the law Brownl Cr James  hard Inst vide m and Elizabeth in a action on the case on assumpsit which  action be ground on a instrument call a policy common make between merchant  for assurance of their good the plaintiff declare that the defendant at London  do assume that such a ship shall sail from Melcomb king in the county of d to  Abvile in France safe without violence c and the plaintiff declare that the  say ship in sail towards Abvile know in the river of soam in the realm of  France be arrest by the king of France c and the party come to issue whether  the say ship be so arrest or not and this issue be try by nisi prius before  Wray chief justice in London and find for the plaintiff and it be move in  arrest of judgement that this issue arise mere from a place which be out of  the realm can not be try Selden sur fortescue h a b Owen more Vaugh godb Mod  Rep for whether the ship be arrest in the river of soam in France or not be  mere and whole out of the realm and therefore it can not be try and thereupon  the book be cite in h a b a b e a e h e I Mordancest h ib p ult ass p and if  it can be try it be say that the jury shall come from Melcomb b in civil case  the venire facias be now award from the body of the county whether c and it be  sufficient to allege a county for a venue ware v boydell m S b for by common  intendment they may have best knowledge of the arrest   light b   calvin case  sand car c   light b Yelv march f n b but it be answer and resolve that this  issue shall be try where the action be bring and it be agree that where as  well the contract as the performance of it be whole make or to be do beyond  sea and it so appear there it be not triable in our law coke a but here the  promise be make here in London which be the ground and foundation of the  action and therefore there be in this case of necessity it shall be try or  otherwise it shall not be try at all c as to transitory action there be not a  colour of doubt but that every action that be transitory may be lie in any  county in England though the matter arise beyond the sea per Lord Mansfield  Mostyn v Fabrygas Cowp and Vid Melan v duke of Fitzjames I Bos pull c and the  arrest which be in issue be not the ground of the action but the assumpsit and  the arrest be the breach of the assumpsit and therefore in this case of  necessity it shall be try where the assumpsit which be the ground and original  cause of the action be make and the record of a case in a action of debt of  between Hugh gynn plaintiff and evangelist Constantine defendant pasch Eliz  godb Leon Leon a Inst   light b be show the court which be that Constantine by  indenture of charterparty make at Thetford in Norfolk do covenant with Hugh  gynn that such a ship shall sail from Blackney in Norfolk to Muttrell in Spain  and shall there stay for a certain time and bind himself in to perform it in  which the issue be whether the ship do stay at Muttrell aforesaid for a  certain time which issue be try for the plaintiff by a jury de vicineto de  Thetford where the charterparty be make and after long deliberation judgement  be give in the king bench for the coke report b er p plaintiff note reader  this point have be twice adjudge vide h quare hinder aid r trial see the case  of weigh v Yalley Mod salk debt bring in London on a demise of land in Jamaica  c note to former edition