case TERREMOULIN against Sandys libel do not show that the capture of a ship  be super deeply mare the subsequent proceed do and the court divide whether  prohibition shall go S c comb S c Carth Sandys be proprietor of a ship call  the constant mary in the year and send her to sea where she be take off of  Yarmouth super deeply mare by Dubart a dunkirker who sell her to Terremoulin  and after which the ship be at Spithead Sandys seize her by the admiralty  process whereon there be a suit commence in the admiralty court by Sandys in  causan quality against the say ship and then Terremoulin come in pro interest  his and suggest that the ship be his and that he have be in possession of her  three year last pass and pray his possession may be restore whereupon Sandys  put in his libel that he be possess of the ship diverse year until that then  the say ship be forcible take away from he without say super deeply mare and  thereupon pray restitution Terremoulin come in and reply that the ship be take  by Dubart super deeply mare who sell it to he at Bergen in Norway Sandys  rejoin that after the take the ship be never condemned prize and so his  property still continue accord to which after examination of the case the  admiralty give judgement for Sandys for a capture without condemnation alter  not the property by their law whereupon Terremoulin appeal to the delegate and  now against his own appeal pray a prohibition modern report holt chief justice  the libel do not say that the violent take away be at sea and if it be not  what have the admiralty to do with it and how can it be cure by any subsequent  matter for if the admiralty have not conusance of the original cause though a  civil law question arise they shall not have jurisdiction and if they have  jurisdiction and a commonlaw question arise yet they shall determine it and by  holt chief justice and Rokeby justice a prohibition shall go because the libel  be a bare replevin at commonlaw but Turton and Eyre justice hold otherwise  because it appear by subsequent allegation that the capture be super deeply  mare and so the rule for a prohibition be discharge