Reniger v Fogossa

JurisdictionEngland & Wales
Judgment Date01 January 1816
Date01 January 1816
CourtCourt of the King's Bench

English Reports Citation: 75 E.R. 1

King's Bench Division


The COMMENTARIES or REPORTS of EDMUND PLOWDEN, of the Middle - Temple, Esq., an Apprentice of the Common Law, containing divers CASES upon Matters of Law ARGUED and ADJUDGED in the several Reigns of KING EDWARD VI., QUEEN MARY, KING and QUEEN PHILIP and MARY, and QUEEN ELIZABETH. To which are added, the QUERIES of Mr. PLOWDEN. In Two Parts. Part I. 1816. ^t \ A Report of a Case argued in the Exchequer Chamber before the Earl of Wilt, Treasurer of England, and before Sir John Baker, Knight, Chancellor and Under-Treaaurer of the Exchequer, and before all the Justices of England, and the Chief Baron of the Exchequer, and Luke, one of the Barons of the Exchequer, the Eighth Day of February, in the Fourth Year of the Reign of King Edward the Sixth, between renigeb, Informer, and fogossa, Defendant, upon an Information exhibited in the Exchequer by the said Reniger against the said Fogossa. The Record was read in this manner. Mich. Term. 2 Edw. VI.-Information.-Same Precedent, Bast. Entr. 409. pi. 2.-Be it remembred, that Robert Reniger, Esquire, Comptroller of the Custom and Subsidy of the lord the King in the port of the town of Southampton, and in every the places and creeks belonging to the same port, came before the Barons of this Exchequer, the 20th day of November in this term, in his proper person, and took his corporal (a) oath, that one Roger Porter, his servant, and by his command, the 7th day of this present month of November, at the town of Southampton, in the county of the town of Southampton, seized and to the use of the lord the King, and of the said Robert Reniger, arrested 1693 kintals of green woad, of the goods and chatties of one Anthony Fogossa, merchant, alien, for that the aforesaid 1693 kintals of green woad were brought from foreign parts beyond the seas into this kingdom of England, to wit, unto the aforesaid town of Southampton, and there were laid upon the land and discharged by way of merchandizing, the subsidy to the lord the King therefore due not being paid, nor the collector of the custom and subsidy of the lord the King in the port aforesaid, or in any other port of this kingdom of England, being in any wise agreed with for the subsidy arising from the merchandize aforesaid, contrary to the form of the statute in such case lately made and provided. Wherefore the aforesaid Robert Reriiger prays the advice of the Court in the premisses, and that he the moiety thereof may have according to the form of the statute aforesaid. Answer.-And hereupon comes the aforesaid Anthony Fogossa in his proper person, and prays oyer of the information aforesaid, and it is read to him; which (a) M. 35 H. 6. 27. b. per Nottingham. K. B. tv.-1 * 2 the pleadings: reniger v. fogossa. being heard and understood, he complains that he, by colour of the premisses in the said information specified, shall be grievously vexed and molested, and that the said 1693 kintals will be taken and detained out uf his hands and possession by the aforesaid Robert Reniger, and that by no means justly : because, (by protesting that the information aforesaid is insufficient in law, to which he has no necessity, nor is by the law of the land bound to answer) for plea nevertheless the same Anthony Fogossa aaith, that long before the aforesaid 7th day of November, in the information aforesaid specified, viz. the 5th day of August last past, in the isles of Surrey in the parts of Portugal, being under the obedience of John King of Portugal, he was possessed of 4500 kintals of green woad (whereof the aforesaid 1693 kintals of green woad in the information aforesaid specified then were parcel) as of his proper goods. And being so thereof then there possessed, he the said 5th day of August shipped on board a certain ship called the St. Maria de Togma, (whereof one Manuel Lopus was then master, under God) lying in the water at the isles aforesaid, the same 4500 kintals of green woad, to be brought and carried by sea in the same ship from thence unto this kingdom of England, that is to say, unto the said town of Southampton. And the same ship, with the said 4500 kintals of green woad therein freighted, afterwards, viz. the 5th day of September last past, being opposite to the Isle of Wight, in the said county of Southampton, in its passage upon the high sea towards the said town of Southampton, a certain great tempest and violence of wind then and there happened upon the sea, by the severity and tempestuousness whereof the ship aforesaid was in great danger of sinking, together with the said 4500 kintals of green woad which were therein, insomuch that the said master and the mariners of the same ship being in the same despaired of their lives ; by reason whereof, the same master and mariners, for the safety as well of their own lives as of the ship aforesaid, and of the greater part of the goods aforesaid, which were in the same ship, then...

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11 cases
  • R. v. Robinson (D.), (1996) 194 N.R. 181 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 21 March 1996
    ...A.C. 479 (H.L.), refd to. [para. 1]. R. v. MacAskill, [1931] S.C.R. 330, overruled [para. 1]. Reniger v. Fogassa (1551), 1 Plowden 1; 75 E.R. 1 (Ex.), refd to. [para. R. v. Doherty (1887), 16 Cox C.C. 306, refd to. [para. 10]. R. v. Meade, [1909] 1 K.B. 895, refd to. [para. 10]. R. v. Malan......
  • Stephen andrew Dowds v The Queen
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 22 February 2012
    ...culpability rather than as lessening or eliminating it." In 1551 the court of Exchequer Chamber had held in Reniger v Feogossa 75 ER 1; 1 Plowden 1 that: "If a person that is drunk kills another this shall be felony and he shall be hanged for it, and yet he did it through ignorance for when......
  • Simon Taj v The Crown
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 24 July 2018
    ... ... will power shall be no better situated in regard to criminal acts than a sober man”, by tracing early statements back to 16 th Century ( Reniger v. Fogossa , 1 Plowden, 19, 1551 (Cam. Scacc.), and citing Hale's Pleas of the Crown, vol. i., p. 32, Coke upon Littleton, 247 a, and ... ...
  • Forbes v Traders' Finance Corporation Ltd
    • Australia
    • High Court
    • Invalid date
  • Request a trial to view additional results
6 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • 1 September 2022
    ...605, 7 OR (2d) 687, 23 CCC (2d) 80, 31 CRNS 1 (CA) ....................................................... 196, 238 Reniger v Fogossa (1548), 75 ER 1 (Ex) ............................................................. 289 RJR-MacDonald Inc v Canada (AG), [1995] 3 SCR 199, 100 CCC (3d) 449, 1......
  • Table of Cases
    • Canada
    • Irwin Books Archive Criminal Law. Seventh Edition
    • 4 August 2018
    ...of the Criminal Code (Canada), [1990] 1 SCR 1123, 56 CCC (3d) 65, 77 CR (3d) 1 ........................ 65, 98, 553 Reniger v Fogossa (1548), 75 ER 1 (Ex) ............................................................. 275 RJR-MacDonald Inc v Canada (AG), [1995] 3 SCR 199, 100 CCC (3d) 449, 1......
  • Same Problem, Same Solution? The Treatment of the Voluntarily Intoxicated Offender in England and Germany
    • Ireland
    • Trinity College Law Review No. IV-2001, January 2001
    • 1 January 2001 total the defence of drunkenness. Singh, loc. cit., at 528. 9 Indeed as far back as 1551 in Reniger v. Feogossa (1551) 1 Plowden 19; 75 ER 1, the emphasis appears to have been placed on the intoxication itself as a blameworthy act: If a person that is drunk kills another, this shall be f......
  • Intoxication
    • Canada
    • Irwin Books Criminal Law. Eighth edition
    • 1 September 2022
    ...raise a reasonable doubt to the mental element for speciic intent ofences, which required a more complex form of 1 Reniger v Fogossa (1548), 75 ER 1 (Ex). 289 CRIMINAL LAW 290 subjective fault, often an ulterior objective beyond the immediate act. It was not, however, admissible when the ac......
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