beak versus Terrell Mod SC trover for a ship the defendant plead that he take  her as a prize and that by a sentence in the admiralty she be condemned c I  show SC comb SC Danv pl cro Elizabeth keb in trover for a ship c the defendant  plead special that he be the king servant and captain and governor of such a  man of war but do not set forth any commission and that he seize the ship  mention in the declaration as a prize but do not set forth any cause of  forfeiture by which she become a prize and that he carry the ship to the port  of sally in the eastindies and plead general that the admiraltycourt there  give sentence against the ship as prize hoc c unde c and upon a demurrer to  this plea the exception follow be take the defendant have plead that he be a  officer to the king but do not set forth any letter patent or commission under  seal and a man can have such a authority without a commission to which it be  answer and resolve that this not necessary that every captain of a man of war  shall be constitute by a commission under seal because the king may give he  that authority by a warrant subscribe only beside this be a matter traversable  and therefore the plaintiff may have traverse the truth of this fact if he  will but now this admit to be true by the demurrer the second objection be  that the defendant do not set forth in his plea any cause of forfeiture by  which Carthew this ship be a ship of the subject may become a prize for accord  to common intendment the good of one subject can be a prize to another subject  because a prize be proper something take on the high sea from a common enemy  against who war be declare and the good of a naturalborn subject can be prize  without some special cause allege the three exception be that the defendant  have not set forth for what the sentence be give or who be the judge of the  court of admiralty who give sentence and to who such court do belong for he do  not show that it be the king court or the court of any other foreign prince so  that the plea be altogether incertain to both which last exception it be  answer and so resolve that it be necessary for the defendant to show some  special cause for which the ship become a prize and that he ought to show who  be the judge that give sentence and to who the court of admiralty do belong  and for these fault the plea be adjudge insufficient and in the argument of  this case the court cite a case which happen in the war between the French and  the Dutch sacred scripture a English ship be take by a French man of war under  colour of a Dutchman and carry into France and there condemned by their court  of admiralty as a Dutch prize afterward a English merchant buy this ship of  the Frenchman bring Carthew er p her into England where the right owner bring  a action of trover for the ship against the purchaser and all this matter be  find special the defendant have judgement because the ship be legal condemned  as Dutch prize this court will give credit to the sentence of the court of  admiralty in France and take it to be accord to right and will not examine  their proceed for it will be very inconvenient if one kingdom shall by  peculiar law correct the judgement and proceed of the court of another kingdom