case trantor against watson the court of king bench will not grant a  prohibition to the court of admiralty before appearance Qure whether the  captain of a capture vessel who ransom her at sea and become hostage may libel  in the court of admiralty against the ship and cargo for the payment of the  ransom S c salk S c ld ray a captain of a ship be take in his homeward voyage  from Jamaica by a French privateer and be under capture compound for the ship  ransom with the Frenchman he send the ship home and go himself with the  captain into France for his security after the ship arrive here and the good  bad pay custom and be bring from on board and put into Trantors custody the  defendant seize they by process of the admiralty to force a appearance in a  certain causan salvagii Brotherick before appearance move for a prohibition  and cite captain sand case lev Mod a in king William time where after great  deliberation the court grant a prohibition before appearance but holt chief  justice say that that case be nothing like this for that be a process in  nature of a embargo on a ship from go to the east Indies ground upon letter  patent of king Charles the second to the east India company and the seizure  there be the ultimate end of that process and it be not to answer why they do  go but to stop they from go but the process here be to force a appearance but  at last the court order he to give notice within a day or two and thing to  stay till then darnel at another day move to discharge the rule and say that  this be a case of savage and as the master have power to pawn the ship upon  extraordinary occasion so he may in this case subject part of the ship and  cargo to save the whole so the whole question will be whether the court of  admiralty can compel payment of this composition for if they have conusance of  that matter the modern execute the process on land will not vitiate it if they  have original jurisdiction as if a ship modern er p be take as prize and  condemned and the good sell and after the first owner sue the vendee for the  good he may sue he in the admiralty so in case of piracy for the question will  be piracy or prize cro Elizabeth sand side lev lev vent b Brotherick insist  upon these thing first that his come before appearance can not be object to  for the process be a seizure of the good in order to a condemnation if by such  a time security be not give to answer for the good in case they be condemned  suppose the owner of the good live at Jamaica and their process be to forfeit  the good if appearance be not in three day will not this court grant a  prohibition in that case second it be too weighty a point for the admiralty to  determine whether the master may ransom the ship from captor but now by Geo c  it shall not be lawful for any of his majesty subject to ransom or to enter  into any contract or agreement for ransom any ship or vessel belong to any of  his majesty subject or any merchandise or good on board the same which shall  be capture by the subject of any state at war with his majesty or by any  person commit hostility against his majesty subject and all contract and  agreement enter into and all bill note or other security give for such purpose  be declare void and the offender subject to a penalty of five hundred pound a  and this be what will open a way to cowardice and cheat of owner three though  the captain may on occasion hypothecate the ship he can hypothecate the good  fourthly in case of hypothecation the party to who it be make and not the  party who do hypothecate sue holt chief justice the master have the care of  the ship and all the good on board it and here he be under capture in a enemy  hand and no hope of a retake the question be whether a master under these  circumstance may not compound for a ransom see Geo c above b as well as he may  throw good overboard in case of a tempest as to the mischief object that such  composition prevent retake it be true a ship retake upon fresh pursuit though  after a week time shall be the first owner but alas a retake be so foreign a  supposition that it deserve but little consideration if he then have a power  to ransom the good the question next will be whether he may retain they as his  security it may be not or if he may and part with they once probable he can  retake they as in case of fraught he may detain they till pay but if once he  suffer they out of his possession he may not retake they their the question  will come to this whether in case it appear to we that this process of they be  illegal as suppose here instead of attach the good in the ship they bad attach  cow or horse or household good to compel a appearance in this case and I doubt  whether they can attach any other good to enforce a appearance but the very  good they proceed against if we be then of opinion that they can attach other  good or that they can retake these good suppose in the hand of a vendee ought  we not I say in such case though we rare do it to grant a prohibition Powell  justice regular when one move for a prohibition he ought to have a copy of the  libel and if in any case the admiralty can issue process against good it be  hard to suppose this air illegal process and without we do so we can prohibit  they the process be to seize the ship and good there c in a certain causan  salvagii modern and execution be suggest to be of the good after they be take  out of the ship in the hand of another person and if a ship be hypothecate in  who hand soever it come it be liable therefore if good may be hypothecate it  will be the same and if you have good cause of prohibition give security will  not hurt you and if the execution be what process do not warrant you have your  remedy against the officer dr lane a civilian come the next day to maintain  their process and say that redemption be a species of savage which be to  rescue by force or redeem by money modern er p he say the master of a ship  represent the owner and freightors and if he have suspicion may detain the  good for his fraught but it be object that if he have once part with they he  can by process retake but we say he may for in this case he have not only  single possession but also a hypothecation of the good this be a case of  redemption of good in the power of the enemy whereof in some respect they bad  a property and may by the law of nation sink and destroy they so that this  redemption be a prudent new buy of the good for the advantage of the  freightors by one that by the law and custom of nation for it be not by the  Rhodian or civil law ought to redeem for the conveniency of merchant and  advancement of trade and here the master have actual pay the composition by  his body which he subject to captivity till it be pay so that he thereby gain  a right and interest in the good as in good hypothecate to he which right  follow they in who hand soever they go the court here interrupt he and say the  merit of the cause be not before they before appearance and plead and it seem  very reasonable that a master compound for good under these circumstance shall  be satisfy by the owner c see Yates v hall Michaelmas term Geo that a promise  by a captain of a ship on behalf of his owner when the ship be take to pay  monthly wage to one of the sailor in order to induce he to become a hostage be  bind on the owner although they abandon the ship and cargo term Rep a and it  be so in case of pirate a strong it ought to be in case of capture by lawful  enemy beside we be upon a process before libel and if the process be unlawful  you have a double remedy by law videlicet trespass or replevin and the case of  captain sand be a action upon the statute after the ship be stay and it be too  early for we upon motion before appearance or libel to determine the right of  their process and a citation be a suit within the statute for which action lie  against they upon the statute if they have not jurisdiction of the matter  Powell justice add this be only a bare process against ship and good in causan  salvagii and we will not dispute the legality of it upon motion since you have  your proper remedy if it be illegal and so per totan curian the rule be  discharge