The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CXI. The Queen and Sir John Constables Case. Hill. 20 Eliz. In the Kings Bench.

* 1.1A Quo Warranto was brought by the Queen against Sir John Constable, who claimed certain Wreck in the County of York; The Defendant pleaded, That Edward Duke of Buck. was seised of such a Mannor, to which he had Wreck appendant, and that he was de alta proditione debito modo attinctus, and that found before the Escheator; And shewed further, That the said Mannor descended to Queen Mary, who granted the same to the Earl of Westmerland, who granted the same to the Defendant: Vpon which, It was demurred. And Exception was taken to the Plea, because the Attainder is not fully and certainly pleaded. It was argued by Plowden, That the Attainder was certainly pleaded, scil. debito modo attinctus; And it is shewed, That the Wreck is appendant to the Mannor, and then if the Defendant hath the Mannor, he hath the Wreck also; and if he hath the Man∣nor, it is not material as to the Queen how he hath it, for the Queen doth not claim the same, but impeacheth the Defendant for using there such a Liberty; But if the Heir of the said Duke

had demanded the Mannor there against him, the Attainder ought to have been pleaded certainly. And it was said by him, That the Interest of the Queen in the Sea, extends unto the midst of the Sea betwixt England and Spain; But the Queen hath the whole Iurisdiction of the Sea between England and France, because she is Queen of England, France, &c. And so it is of Ireland.

Notes

• * 1.1

  5 Co. Constables Case.