Sir Henry Constable's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of the King's Bench |
English Reports Citation: 77 E.R. 218
IN THE KING'S BENCH.
As to what is "wreccum maris," see Cargo ex Schiller, 1877, 2 P. D. 145; The Gas Float Whitton No. 2 [1895], p. 308; [1896], A. C. 337.
[106 a] sir henry constable's case. Pasch. 43 Eliz. In the King's Bench. [As to what is "wreccum mans," see Cargo ex Schiller, 1877, 2 P. D. 145; Tlw Gas Float Whitton, No. 2 [1895], P. 308; [1896], A. C. 337.] Trespass for taking certain goods which were wreck and cast upon certain land within the manor and fee of H. which said manor and fee, with wreck of the sea within the said manor and fee, had by letters patent been granted by the Crown in fee to the father of the plaintiff, whose heir he was. Upon special verdict it appeared t 2 And. 178. Cr. El. 826. Cr. Jac. 559. Hob. 47. 9 Co. 77. b. Doct. pi. 51. Latch. 83, 84. 2 Brownl. 129, 130. 133. 2 Roll. Rep. 181. Cr. Car. 9. Palm. 40(1. 1 Bulst. 108. 4 List. 270. (A) That ancient demesne is a good plea in abatement in ejectment, viJ-. Doe v. llosu, 2 Burr. 1047. Com. Dig. Ancient Demesne E. 5. (a) Cr. El. 826. Hob. 47. 1 Roll. 322. 1 Bulst. 108. 46 E. 3. 1. b. 2. a. Br. Ancient Demesne 47. 4 Inst. 270. (b) 1 Eol. 322. 4 Inst. 270. (c) Hob. 47. 1 Roll. 322. 40 E. 3. 4. Br. Ancient Demesne 7. 9 E. 3. 41 a. Brownl. 131. 1 Roll. 322. 46 E. 3. 2. a. 4 Inst. 270. (d) Hob. 47. a. (e) Hob. 47, 48. Antea 105. a. Dy. 373. pi. 13. Doct. pi. 51. 2 List. 397. 4 Inst. 270. Palm. 541. Br. Ancient Demesne 33. 1 Roll. 888. * Cr. El. 104. Cr. Jac. 261. Cumberb. 105. 9 Co. 78. constable's case 219 that parcel of the goods were wrecked and cast upon the shore within the said manor, between the high water and low water marks, and that the rest of the goods were floating between the high water and low water marks. The jury assessed entire damages, and upon the special verdict judgment was given for the defendant, and resolved: 1. Nothing shall be said wreccwn mam but such goods only which are cast or left on the land by the sea. The Court of Admiralty has no jurisdiction of wreck, but it has of flotsam, jetsam, and lagan. Wreck may be claimed by prescription. 2. The soil between high and low water mark may be parcel of the manor of a subject. Below the low water mark the Admiral has the sole jurisdiction ; between the high water arid low water mark the common law and the Admiral have divisum imperium. The common law when the sea is ebbed; the Admiral ad plenttiulinem maris. 3. The King shall have flotsam, jetsam, and lagan, when the ship perishes or the owners of the goods are not known. A man may h&ve flotsam and jetsam by the King's grant, and flotsam within high water and low water mark by prescription. 4. The stat. West 1. c. 4. is but a declaration of the common law, arid its provisos as to wreck extend to flotsam, jetsam, and lagan. In many cases concerning time, the common law gives a year and a clay for a convenient time. The year and day in case of wreck shall be accounted from the seizure of the goods, as wreck. If a commission to inquire of wreck be awarded, or action brought within the year and day, a verdict given afterwards for the owner is sufficient. The Act de Prasr. Regis, quad Rex hab. wrec. maris per tot. reg. is but a declaration of the common law, and notwithstanding it a man may prescribe to have wreck. 5. Entire damages being assessed for the goods that were wreck, and for those which were flotsam, to which last the plaintiff'was not entitled, judgment shall be given against him. * By rule of the common law, where no man can claim property in any goods, the King shall have them by his prerogative.* * Infants, feme-c&vert, executrix, men in prison and beyond sea, are bound by non-claim within the year and day, of strays and wreck.* S. C. 1 And. 36. Sir Henry Constable brought an action of trespass against Gamble, and declared that King Philip and Queen Mary were seised of the manor of Holderness in the county of York in their demesne as of fee, as in right of the Crown of England; and by their letters patent granted the said manor and fee, with wreck of the sea within the said manor and fee, to Henry Earl of Westmorland in fee, who conveyed them to Sir John Constable father of the plaintiff', whose heir he is, in fee : and further declared, that certain goods, scil. twelve shirts and five cloaks were wreck and cast on the land within the manor of Barnston, which is within the said fee of Holderness, and that the defendant took the said goods, &c. the defendant pleaded to issue, and thereupon a special verdict was found to this effect, scil. that the conveyance to the plaintiff of the manor and lee aforesaid was true as he had declared; and that the said manor of Barnston was within the said fee : and further that parcel of the said goods were wreck, and cast super arenas aqua falsa minime coopertas manerii de Barneston infra fluxum et refluxum maris in manerio de Sarneston, and for other parcel of the goods, that they were floating super aquas maris refluentes ex arenis ejusd' manerii de Earnest' infra, fluxum & refluxu.ni maris, &c. And the defendant took all the said goods and seised them to the use of the Lord Admiral, &c. and assessed damages entirely for all: and si super totam materiam, &c. And this case was often well argued at Bar and Bench, and at last judgment was given against the plaintiff. And in this case five points were resolved. 1. That nothing shall be said wreccimi (a) maris, but such goods only which are (a) 2 lust, 167. 220 constable's case a co. rep. ioe t . cast or left on the land by the sea; for wrec/'.um nuiris signifirut ilia bona, qiue naufrayio ad terrain appelluntur: (b) flotsam is [106 b] when a ship is sunk, or otherwise perished, and the goods float on the sea; jetsam is when the ship is in danger of being sunk, and to lighten the ship the goods are cast into the sea, and afterwards notwithstanding the ship...
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