brown and burton versus franklin the king proctor in Scaccario Danv p prize or  no prize be within the jurisdiction of the admiralty v ante prohibition to the  court of admiralty suggest the statute of Richard and that plead of trespass  on the case for the conversion of any good or merchandise as also who be make  tenant to the praecipe by lease and release Edward h h h Edward Edward t roll  Abr brook brief pl Carthew er p the trial of the property of any good c and  the cognizance thereof belong to the king and his crown and not to be try  before the admiral c that nevertheless the defendant be the king proctor bad  libel against the plaintiff in the admiralty concern the property of a certain  ship call the Francis and her furniture as also of chequin of foreign money  elephant tooth piece of muslin piece of callico c Ubi in fact ship predict to  be wrecca maris in the eastindies out of the king dominion ac where in fact  ship predict and her load be not the good of the French king or of any of his  subject enemy to our king but do belong to the subject of the king of Portugal  who be in amity with we ac where in fact all the say foreign money and the  good and merchandise aforesaid come to the hand of the plaintiff super earth  in the eastindies and there be by they sell c Carthew upon open this case the  fact appear to be thus sacred scripture the plaintiff be master of two ship  belong to the eastindia company and be in a port there they bad intelligence  that about the island Joanna there be a rich French ship which may easy be  surprise and accord they sail thither and find the ship whole but strand near  the shore and the ship S crew be at land that the plaintiff land their man and  surprise the enemy on shore and find the chequin quilt in their clothes about  their body and the rest of the good be in the ship where the plaintiff take it  and bring all away but leave the ship behind be strand the news whereof come  to England it be in the time of war between the English and the French the  defendant by libel pursue for the king in the court of admiralty to have the  ship money and good condemned as lawful prize as a perquisite of the admiralty  and accord after general admonition on the exchange as usual in such case and  no person come in to claim property there be a sentence whereby all the say  thing be condemned as lawful prize and upon that sentence this libel be find  against the plaintiff charge they that all come to their hand and that they  have imbeziled it and convert the same to their own use and that they may  account for the value and now it be insist for a prohibition that it be  unreasonable the plaintiff shall be conclude by the sentence upon the general  libel to which they be not party neither have they any notice thereof for at  that time they be in the Indies and therefore it be move that the plaintiff  may still have a opportunity upon a prohibition to try their property and to  controvert their right against the say sentence if prize or not and whether  the capture be at land or on the sea and the court incline that the plaintiff  ought to have a opportunity to be hear and to controvert the matter of fact  and thereupon a day be appoint to hear a civilian upon this question sacred  scripture whether the plaintiff upon this libel depend against they in the  court of admiralty may controvert their property there against the tenor of  the first sentence Carthew and at another day dr lane acquaint the court that  it be the constant practice among they to admit of appeal from such general  sentence for prize and that the appellant be always let in to controvert their  right and to disprove the prize notwithstanding the sentence because upon a  appeal their method be to exhibit new allegation and thereupon to receive new  and far proof so that the cause be many time another thing before the delegate  than what it be at the time of the first sentence and it be then make appear  to the court that the plaintiff have actual appeal from this sentence of  condemnation for prize and so be in the proper method to controvert their  right wherefore and for that the court apprehend as it be insist upon on the  other side that prize or no prize be a matter not triable at commonlaw but  altogether appropriate to the jurisdiction of the admiralty the prohibition be  deny Carthew er p