Thomlinson's case Theodore thomlinson have bring a action of account for good  against one Philips in the common plea and thereupon Philips sue thomlinson in  the court of the admiralty suppose the good to have be receive in foreign part  beyond the sea and the say thomlinson be commit for refuse to answer upon his  oath to some interrogatory there propose to he bring his habeas corpus which  be return thus ego William pope marescallus that is above curiae admiralitatis  England dom justice sereniss queen our men  in shorten huic Schedulae annex  specificat certify quoth infra peremptory or urgent call Theodore thomlinson  ante advent this short catalog captain to be watch I commiss ex eastern quoth  speech Theodorus thomlinson chain sacrament in person judge admiralitatis  England to bind on ab respondend a certain point of time contra the dawn in  dictam cur dat c sub penalty five a balance c stubbornly examen suum  to come under object on that account c and it be resolve by the court of  common plea that the court of admiralty have no cognizance of thing do beyond  sea and this appear plain by the statute of Richard cap the word of which  statute be that the admiral and their deputy shall not meddle from henceforth  of any thing do within the realm but only of a thing do upon the sea vide  Henry fol for thing transitory do beyond the sea be either triable in the king  court or the party grieve may have his remedy before the justice where the  fact be do beyond sea that the proceed in the court of the admiralty be accord  to the course of the civil law and therefore the court be not of record and by  consequence can assess any fine in such case as judge of a court of record may  do that the return above mention be insufficient as be too general because it  be not specify for what cause or matter thomlinson be examine so as it may  appear that the interrogatory be of such thing as be within their jurisdiction  and that the party ought by law to answer upon his oath for otherwise he may  very well refuse this case be intend to have be insert by my lord coke into  his that report but not then publish because the king command that it shall  not be print but the judge resolve ut above