coke a sir henry constable case pasch Elizabeth in the king bench as to what  be wreccum maris see cargo ex Schiller p d the gas float Whitton No p ac  trespass for take certain good which be wreck and cast upon certain land  within the manor and fee of h which say manor and fee with wreck of the sea  within the say manor and fee have by letter patent be grant by the crown in  fee to the father of the plaintiff who heir he be upon special verdict it  appear coke report b er p that parcel of the good be wreck and cast upon the  shore within the say manor between the high water and low water mark and that  the rest of the good be float between the high water and low water mark the  jury assess entire damage and upon the special verdict judgement be give for  the defendant and resolve nothing shall be say wreccum maris but such good  only which be cast or leave OD the land by the sea the court of admiralty have  no jurisdiction of wreck but it have of flotsam jetsam and lagan wreck may be  claim by prescription the soil between high and low water mark may be parcel  of the manor of a subject below the low water mark the admiral have the sole  jurisdiction between the high water and low water mark the commonlaw and the  admiral have division command the commonlaw when the sea be ebb the admiral ad  fullness maris the king shall have flotsam jetsam and lagan when the ship  perish or the owner of the good be not know Aman may have flotsam and jetsam  by the king grant and flotsam within high water and low water mark by  prescription the stat west c be but a declaration of the commonlaw and its  provisos as to wreck extend to flotsam jetsam and lagan in many case concern  time the commonlaw give a year and a day for a convenient time the year and  day in case of wreck shall be account from the seizure of the good as wreck if  a commission to inquire of wreck be award or action bring within the year and  day a verdict give afterward for the owner be sufficient the Act de praer king  quod king hab wrec maris per tot ring be but a declaration of the commonlaw  and notwithstanding it a man may prescribe to have wreck entire damage be  assess for the good that be wreck and for those which be flotsam to which last  the plaintiff be not entitle judgement shall be give against he by rule of the  commonlaw where no man can claim property in any good the king shall have they  by his prerogative infant feme covert executrix man in prison and beyond sea  be bind by nonclaim within the year and day of stray and wreck SC and sir  Henry constable bring a action of trespass against Gamble and declare that  king Philip and queen mary be seize 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 letter patent grant the say manor and fee with wreck of the sea within  the say manor and fee to Henry earl of Westmorland in fee who convey they to  sir John constable father of the plaintiff who heir he be in fee and further  declare that certain good sure twelve shirt and five cloak be wreck and cast  on the land within the manor of Barnston which be within the say fee of  Holderness and that the defendant take the say good c the defendant plead to  issue and thereupon a special verdict be find to this effect sure that the  conveyance to the plaintiff of the manor and fee aforesaid be true as he have  declare and that the say manor of Barnston be within the say fee and further  that parcel of the say good be wreck and cast sit per arena water falsehood  too little overwhelmed manor de Barneston infra to flow et refluxum to greater  extent in manor de Barneston and for other parcel of the good that they be  float super aquas maris refluent ex sand ejusd manor de Barnest infra to flow  refluxum maris c and the defendant take all the say good and seize they to the  use of the Lord admiral c and assess damage entire for all and si super totan  means c and this case be often well argue at bar and bench and at last  judgement be give against the plaintiff and in this case five point be resolve  that nothing shall be say wreccum a Inst a maris but such good only which be  coke report b er p cast or leave on the land by the sea for wreccum maris  signify that good queen shipwreck ad earth appelli b dalt Sher Blackst Com ch  fol dalt Sher spelm gloss verb flotsam dalt Sher side palm b flotsam be coke b  when a ship be sink or otherwise perish and the good float on the sea jetsam  be when the ship be in danger of be sink and to tighten the ship the good be  cast into the sea and afterward notwithstanding the ship perish lagan  velpotius ligan be when the good which be so cast into the sea and afterward  the ship perish and such good cast be so heavy that they sink to the bottom  and the mariner to the intent to have they again tie to they a buoy or cork or  such other thing that will not sink so that they may find they again to say  ling a to tie and none of these good which be call jetsam flotsam or ligan be  call wreck so long as they remain in or upon the sea but if any of they by the  sea be put upon the land then they shall be say wreck so flotsam jetsam or  ligan be cast on the land pass by the grant of wreck and where it be provide  by the stat of r c that the court of admiralty shall not have cognizance or  jurisdiction of wreck of the sea yet it shall have conusance and jurisdiction  of flot jet and ligan for wreck of sea be when the good be by the sea cast on  the land and so infra comitat whereof the commonlaw take conusance but the  other three be all on the sea and therefore of they the admiral have  jurisdiction Bracton lib c fol item to greater extent particularly dicipoterit  wreccum si navisfrangatur ex how nullus alive to go out maxim si a house a  thing plunge under to be whoever ind ad earth note these word go for sale to  be domini king and that also appear by the book of entry fol trespass in wreck  always when wreck be claim by prescript as by law it may be the plead be good  wreccata super mare ad earth project and another prescript be there to have of  every sort wreccum maris infra prcinctum manor sive rule prd projed flotsam  maris in a eund precinct devenie by which the difference between wreck and  flot appear vide e wreck be when it be cast on the land h e h prescript e in  trespass h h h send for vide king into short catalog de transgress b the writ  say to stretch out quare cum idem though dominus manor de Estombavent to step  out ibidem to have to withhold ipseque he that goes before Himself domini  manor pillage a tempore quo c non to step out memory thus far to have to  become used wrecc maris infra gird manner pillage pillage Joceus Robert good  catalla ad valance cent solid at S infra gird ejusd manor ad earth project  queen ad Self though tanquam wreccum to stretch out to withhold way arms to  take in hand to carry away also the stat of r c prove it also where it be  enact and declare that wreck of the sea shall be try and determine by the law  of the land which can be extend to flot jet or ligan for they be in or upon  the sea and therefore can be try and determine by the commonlaw for there  trial fail but be to be determine before the admiral coke a in this case it be  resolve by the whole court that the soil on which the sea flow and ebb know  between the high water mark and low water mark may be parcel of the manor a  roll a of a subject Elizabeth die b send for a de jure common between the high  water and low water mark do trim fancy belong to the king although it be true  that such shore may and common be parcel of the manor adjacent and so may he  belong to a subject yet prima fancy it be the king per hale hark law tract p  Vid vin ab prerogative of the king b a pl ex part Lord gwydir mad a and so it  be adjudge in b Inst   a   Leon more roll Rep Bulstr dalt just oh Brownl b  Lacy case Trin Elizabeth in this court and yet it be resolve that when the sea  flow and have fullness maris the admiral shall have jurisdiction of every  thing do on the water between the high water mark and low water mark by the  ordinary and natural course of the sea and so it be adjudge in the say case of  Lacy that the felony commit on the sea ad plenitud maris between the high  water mark and the low water mark by the ordinary and natural course of the  sea the admiral shall have jurisdiction of and yet when the sea ebb the land  may belong to a subject and every thing do on the land when the sea be ebb  shall be try at coke report b er p the commonlaw for it be then parcel of the  county and infra corp comitat and therewith agree e a so note that below the  low water mark the admiral have the sole and absolute jurisdiction between the  high water mark and low water mark the commonlaw and the admiral have division  command interchangeable as be aforesaid know one super water and the other  super terrain and sir I Popham chief justice say that on a trial at nisi prius  between the city of Bristol and the Lord Berkeley it be hold by the justice of  assize that where the Lord Berkeley have a manor adjoin to the Severn and  prescribe to have wreck within his manor and certain good float between the  high water mark and low water and the city of Bristol have flotsam there that  the say good be not wreck as long as they be float upon the water between the  high water mark and low water mark see the book in c Fitzherbert fill again  Inst c e a in a replevin bring by William de Newport of London against sir  Henry Nevil and declare that the defendant take last of herring and a ship the  defendant plead that he be lord of the manor of Walring and prescribe to have  wreck within his manor a tempore pron  interrog  c and that the berrings and  ship be wreck within his manor to which the plaintiff say that they be our  good in the keep of our mariner which arrive by the sea and we say that be  take they out of their custody judgement if he can claim as wreck to which the  defendant say that we take they as wreck out of all custody on which book I  observe thing that wreck may be claim by prescription that forasmuch as a ship  can be wreck know cast on the land but between the high water and low water  mark thence it follow that that be parcel of the manor if the ship perish yet  if any of the servant escape the law say that they have the custody of the  good and they be not wreck e a b one a Bulst   light b a prescribe to have  royal fish as porpes c find within his manor which seem to he between the high  water and low water mark it be resolve that the king shall have flotsam jetsam  et ligan when the ship perish or when the owner of the good coke b be not know  for in e it appear that good cast into the sea for fear of tempest be not  forfeit vide f n b c e the charioteer be but Q if it shall not be e that the  ship ought to perish which be call shipwreck and that be also prove by the say  Act of west I c b Inst dalt Sher Vaugh b where it be say if a man dog or cat  escape alive which be to be intend when the ship perish and therewith agree  bract lib c fol item without tradition res condition pro derelict where  dominus statin to leave off be dom si autem causan ship alleviand non such  because non she will ejeci quis ut to leave off be dom c and a man may have  flotsam and jetsam by the king grant and may have flotsam within the high  water and low water mark by prescription as appear before and those of the  west country prescribe to have wreck in the sea so far as they may see a  Humber barrel it be resolve that the stat of west c by which it be enact that  of wreck of the sea it be agree that where a man a dog or a cat escape alive b  it be now hold that not only if any live thing escape but if proof can be make  of the property of any of the good or lade which come to shore they shall not  be forfeit as wreck black Com for the law relate to wreck and savage Vid black  Com and the several treatise on ship and insurance b out of a ship that such  ship nor barge nor any thing within they shall be adjudge wreck but the good  shall be save and keep by view of the sheriff coroner or king bailiff so that  if any sue for those good and after can prove that they be his or perish in  his keep within a year and a day they shall be restore to he without delay c  be but a declaration of the commonlaw and therefore all that which be provide  as to wreck extend also to flot jetsam and lagan bract who write in the time  of h before the make of the say Act speak of wreck say et quod hujusm form  debet wreccum yes be nisi sit quod spit dom aliunde to come et certan  indiciaetsigna To give as a present res be urge ut si canis alive to come upon  et to agree polerit quod ankle sit dom that canis prsumptive ex hor lillum be  dom that canis et that a thing eoden modus si certan coke report a er p battle  standard impose to be commodity by which it appear that the stat of  Westminster I which be make e I be but a declaration of the c Inst dalt Sher  dr Stud lib cap c commonlaw against the opinion in dr and Stud lib foe and if  the owner die his executor or administrator may make their proof and in many  case concern time the commonlaw give a year and a day for a convenient time as  in the case of a stray if the owner proclamation be make do not claim it  within a year and a day it be forfeit so a year and day be give in case of  appeal and in a case of descent after entry or claim of nonclaim on a fine or  writ of right at the commonlaw of a villain dwell in a   light a ancient  demesne of the death of a man who have a blow or will of protection essoins of  the king service and in many other case and the year and day in case of wreck  shall be b Inst dalt Sher Vaugh b account from the take or seizure of they as  wreck for although the property be in law vest in the lord before seizure yet  until the lord seize and take it into his actual possession it be not  notorious who claim the wreck nor to who the owner shall repair to make his  claim and to show to he his proof and if the coke a wreck belong to the king  the party may have a commission c dalt Sher c to hear and determine the truth  of it and that by the verdict of honourable man for no d   b   a   a hob roll  Rep roll Rep roll side Bulstr Cr James Brownl Cr Elizabeth more pi pi pi pi  Perk sect Inst Br condition d proof be Allowable by law but the verdict of man  and if it belong to other than the king then if the owner can satisfy he who  claim they as wreck by his mark or cocket or by the book of custom or by  testimony of honest man then the owner may have such commission or bring his  action at the commonlaw and prove it by the verdict of a jury and if the  commission be award or the action be bring within the year and day although  the verdict be give for he afterward it be sufficient vide king and f n b for  the commission vide stat west c e de office wreathe r c e c Britton c Stamf  Prrog king et notam that the Act e dal Sher Stanf Prrog b a Bulst spelm gloss  verb Wreccurn Carth e de Prmrog king make in e c enact quod king hab wrecc  maris per tot regn c be but a declaration and a affirmation of the commonlaw  for notwithstanding that stat be make within time of memory a man may  prescribe to have wreck as appear in h Stamf f n b d h e e c it be resolve in  the case at bar that part of the good pass by the name of wreck and part of  the good be flotsam and do not pass by the grant of wreck and damage be entire  assess for all and in trespass the plaintiff shall recover damage only for the  value of the good wherefore here judgement be give against the plaintiff and  the book h b be cite where the case be that in trespass the defendant justify  as to one thing and plead not guilty to another and they be at issue and the  jury inquire of one thing only and tax the damage for both entire Fineux hold  the verdict good for the thing find and of that he shall have a writ of  inquiry of damage quod to be deny per tot cur die Elizabeth in eject f   a   b  a roll die pi Hardr style Bulst Leon pi f cuslod agree with this judgement and  it be adjudge m Elizabeth in this court in trespass by pooley g   b Bulst roll  Rep hard g against Osburn for break his close and beat his servant and do not  say per quod slavery to send away the defendant plead not guilty and the juror  find he guilty and assess damage entire and because the plaintiff have not  cause of action for the beat of his servant because he have not aver that he  lose his service coke report b er p for that cause the plaintiff take nothing  by his bill and Catl then chief justice cause the reason and cause of the  judgement to be note in the margin of the record h in rescous ace and it be  adjudge accord m Elizabeth between more and a   a roll Goldsb Leon Rep roll  Rep jenk cent winch Bulstr hard palm bridge a bedell in a action on the case  on assumpsit which begin in the king bench m Elizabeth rot where the defendant  promise to do diverse thing and the plaintiff allege two breach one whereof be  insufficient the defendant plead non assumpsit the jury give damage general it  be resolve I that it shall be intend that they give damage for both that  forasmuch as the plaintiff have no b Cr James Cr car   a b cause of damage for  the one for that cause the judgement give for the plaintiff coke b in the king  bench be reverse by a writ of error in the exchequerchamber c Vid sergeant  williams note Hambleton v fear sand Tidds practice that edition c note reader  at first c dalt Sher estray animal vagant sive to be empty c the commonlaw  give as well wreck jetsam flotsam and lagan upon the sea as estray which  Bracton call animal vagant or as other call they animal to be empty because  lord to be empty to withhold treasuretrove and the like to the king because by  the rule of the commonlaw when no man can d dr Stud b vent Inst d claim  property in any good the king shall have they by his prerogative and therefore  bract lib cap say are alian qudam queen in no one good be to say as wreccum  maris young fig fish as sturgeon et balma et other res queen owner non to have  as animal vagant queen are dom king near privilegi so that it appear by  Bracton that the king shall have wreck as he shall have great fish c because  they be e vent e no one in good or as he shall have animal vagant sive to be  empty sure estrays because none claim the property and note that wreck be  estray on the sea come to land f dalt Sher f as estray of beast be on the land  come within any privilege place and the law give in both case a year and a day  to claim they and Bracton in eod lib cap fol say ship nec batellus nec alian  catalla de his who plunge under are mari nec in salsa nec in pleasant water  wreccum to be cum sit who catalla that advoce hoc to cause to know to be able  and so he proper before resemble it to a estray and if the good of a infant g  dalt Sher g feme covert executrix man in prison or beyond sea estray and be  proclaim accord to the law if none claim they within the year and the day they  shall be all bind the same law of wreck of sea for the law be h dalt Sher  bract lib fol b h strict and bind in both case but it appear by the opinion of  bract and Britt also that flotsam jetsam and lagan so long as they be in or  upon the sea do not belong to the king send to take into possession to go away  because non be some who ind privilege to have to be able king non to greater  extent quamprivala mask near incert rei outcome by a little ante return ind  ration eastern quod to agree non to be able ad how area make real applicand  and Britton lib c of treasure hide in the round we will that it be we and if  it be find in the sea be it to the finder but as it appear before by the  resolution of the whole court the king shall have flotsam jetsam and lagan as  be aforesaid by his prerogative although they be in or upon the sea for the  sea be of the king allegiance and parcel of his crown of England as it be hold  r protect Britt c well agree with the opinion of bract see that wreck be of a  thing in no one good for there he say it be also purchase by franchise grant  by name of a thing find in no man good as wreck of sea and cattle estraying  stork hare partridge and other savage beast by franchise to have wreck find in  his soil and waif and stray find in his fee warren and in his demesne land  coke report a er p