case Rigdon against hedge judge of the admiralty if good be arrest in the  river Thames by process from the admiralty and rescue the court of admiralty  may grant a warrant against the rescuer for a contempt of the process but it  shall appear by the process that they have jurisdiction and therefore if it  only say in causan maritime the party may plead it below and if the plea be  refuse a prohibition lie good be arrest in the river Thames by process of the  court of admiralty and a rescue make and a warrant against Rigdon for a  contempt of their process and in a motion for a prohibition it be suggest that  the original process be of a thing out of their jurisdiction and therefore  there can be no contempt e contra it be urge that this suggestion come too  soon because it can be know whether they have jurisdiction or not until bail  be put in to the action and so in the ecclesiastical or inferior court if a  prohibition be sue on a suggestion that the cause of action be out of their  jurisdiction a so in the case of a modus for tithe you must suggest that you  plead it below and so on proceed below for word and without doubt they may  have a jurisdiction and their way have be to move for a prohibition immediate  or to put in bail and then to move upon the libel and every court that have a  jurisdiction may punish for contempt of their process and here the court will  give they the credit that they do right until the contrary appear holt chief  justice sure the cause that bring it within their jurisdiction ought to be set  forth in their process and it be too general to say in causan maritime if good  be take at sea by pirate and sell by they at sea and bring to shore prize or  not prize shall be try in the court of admiralty sand ray Mod they will not  grant a prohibition without affidavit that they have plead the matter below  and it be say that the usage be by warrant to seize the good which upon bail  be deliver back and then a libel be give but curian let a prohibition go and  declare instanter and we will hear civilian next term and here per curium if a  ship be arrest by warrant of the court of admiralty within their jurisdiction  and afterward be rescue they may reseize her out of their jurisdiction and no  prohibition lie a vent Mod modern report er p