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<DATE>2014-10-09</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140631.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B43677">
<STC T="W">P2777bA</STC>
<BIBNO T="oclc">489265090</BIBNO>
<VID>208674</VID>
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<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1">
<PB REF="2" MS="y">
<HEAD>A Copy of the Late Lord Chief Ju&s;tice <HI>Pollexfen</HI>'s Opinion, which he gave Mr. <HI>Richard Murray,</HI> in the Year <HI>1686,</HI> when he oppo&s;ed the Reading of the Scotch Decree in the Court of <HI>Chancery</HI> in <HI>Ireland,</HI> as being no Evidence to be ad|mitted.</HEAD>
<P>TITLES to Lands in <HI>Ireland,</HI> ought to be tryed by the Laws of <HI>Ireland,</HI> and not by the Civil-Law, or Laws of <HI>Scotland,</HI> or any other Countrey, and to admit the Judicature of any other Kingdom to have a Right to try Titles to Lands in <HI>Ireland,</HI> is to the Di&s;inheri&s;on of the King and his Crown of <HI>Ireland,</HI> and of the Subjects of <HI>Ireland</HI> of their Birth-right.</P>
<P>Though Crimes committed in <HI>Scotland,</HI> or other Foreign Kingdom, &s;hould not be puni&s;hable by the Laws of <HI>England</HI> or <HI>Ireland,</HI> though by a Subject of <HI>England</HI> or <HI>Ireland</HI> committed; but be puni&s;hable in <HI>Scotland,</HI> or &s;uch Foreign Kingdom, by the Laws of that Kingdom, if a Sentence or Judg|ment be given in &s;uch Cau&s;e in any Foreign Kingdom, that Sentence, except in Maritime Ca&s;es, &s;hall have no Effect in <HI>England</HI> or <HI>Ireland;</HI> it &s;hall not attaint the Blood, or cau&s;e any Forfeiture or Di&s;ability, &s;uppo&s;e it be for Murther, or Felony, or the like.</P>
<P>The Laws of <HI>England</HI> and <HI>Ireland</HI> admit of divers &s;orts of Tryals in particular Ca&s;es, as by Certificate of <HI>Mar&s;hall,</HI> Mayor of <HI>Burdeaux,</HI> and many other in particular Ca&s;es, mentioned in Abbot of <HI>Strat Marchellocr, Cap. Rep.</HI> 9.31, 32. but never admitted Mens E&s;tates to be tried by Laws or Judicatures of other Countries; no Book or Ca&s;e, I &s;uppo&s;e, ever admitted &s;uch a Tryal: Therefore if this had been a Sentence or Decree in <HI>Scot|land,</HI> in a Criminal Proceeding, for Forging the&s;e Deeds there, that Sentence or Proceeding ought to have no Effect here.</P>
<P>If in a Tryal of Forgery, upon an Indictment or Information, a Deed be found Forged, it &s;hall be damned, this Tryal is conclu&s;ive, and while that Verdict or Judgment &s;tands, no other Court ought to &s;uffer that Deed to be in&s;i&s;ted on as a true Deed, it hath had its legal Tryal.</P>
<P>But this Proceeding in <HI>Scotland</HI> is not Criminal, for then there would have been &s;ome Fine or Puni&s;hment in|flicted, be&s;ides de&s;troying the Deed, upon the Offender, none is mentioned.</P>
<P>There is no Ca&s;e (except only whereupon Indictment or Information of Forgery) wherein any Proceeding on any Deed or Will is declared Forged, the Parties &s;hall at Law be thereby debarred from u&s;ing it.</P>
<P>Suppo&s;e a Deed in <HI>Chancery, Court of Reque&s;t,</HI> formerly, or in the <HI>Eccle&s;ia&s;tical Court,</HI> or a Will concerning Lands and Goods, &s;hall be Decreed or pronounced again&s;t, as afore&s;aid, the Party Entitled to any Land by &s;uch Deeds or Will, &s;hall not thereby be debarred, but have his Tryal <HI>Per Pares,</HI> by the Law of the Land; and in &s;uch Tryal, &s;uch Decree is no Evidence; &s;o that if as much Authority or Credit &s;hould be given to this Scotti&s;h Proceeding, as to any Proceeding in any Court, not Proceeding according to the Common Law, it can neither be a Bar, nor admitted as Legal Evidence, the Rea&s;ons are evident.</P>
<P>Every Country hath its Municipal Laws, Rules and Methods, but different one from another; the Subject of each Country hath their E&s;tates and Properties by their Re&s;pective Laws; their own, not other Laws, are their Rules; to make the Laws of one Country interpo&s;e and take place in another, mu&s;t break and confound the Laws and Rules of that Country. This Ca&s;e, of their Law in <HI>Scotland</HI> concerning Forgery, is a &s;ufficient In|&s;tance, for if by the Law there, a Deed that hath not the Place where made, Witne&s;&s;es in the Body of the Deed be to be taken as Forged; 'tis no Wonder, that though the Deeds in que&s;tion, made according to the Laws of <HI>Ireland,</HI> be there condemned as Forged; but it is then mo&s;t plain, he that hath an undoubted Title by the Law of <HI>Ireland,</HI> &s;hall lo&s;e his <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> becau&s;e his Deeds not made according to the Law of <HI>Scotland;</HI> &s;o that I think the Sentence is to have no Effect as to Evidence, or otherwi&s;e to effect the Title to a Free-hold in <HI>Ireland.</HI></P>
<CLOSER><SIGNED>HEN. POLLEXFEN&punc;</SIGNED>
<DATELINE><DATE>Junij 5^o^. 1686.</DATE></DATELINE></CLOSER>
</DIV1>
<DIV1 TYPE="text">
<P>SUppo&s;e a Forgery in <HI>Scotland,</HI> of a Deed for Lands in <HI>Ireland,</HI> be a Crime only puni&s;hable in <HI>Scotland,</HI> yet this Deed, if Publi&s;hed in <HI>Ireland,</HI> the Publi&s;hing it in <HI>Ireland</HI> is a Crime puni&s;hable by Indictment in <HI>Ire|land,</HI> and without Publi&s;hing, no u&s;e can be made of it.</P>
<CLOSER><SIGNED>H. P.</SIGNED></CLOSER>
<PB REF="3" MS="y">
</DIV1>
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<PB REF="3">
<P><GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> Lord Chief <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">u&s;tice <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Opinion, which he gave Mr. <HI>Murray,</HI> in the Year 1686, when he oppo&s;ed the Reading of the Scotch Decree in the Court of Chancery <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n <HI>Ireland,</HI> as being no Evidence to be <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"></P>
</DIV1>
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