The ship which killed two men

The ship which
killed two men

In the latter part of 1619 a shop called the Fleur owned by the merchant Jean Bailhache was brought up on the beach in order for some essential repairs to be carried out. During the course of this work two men were unfortunate enough to be standing below her when part of the ship broke away and they were both killed on the spot

The principle of Deodand

Jean Bailhache was brought before the Royal Court which applied the principle of deodand – an accidental death caused by something falling from a house, tree or ship.

Effectively the Fleur was put on trial and found guilty of la morte casuelle. In accordance with the principle of deodand, the Court ordered the forfeiture of part of the vessel, which would normally be sold on behalf of the King, with the proceeds being used to help the poor.

But although the principle of deodand is found in both English and French law, Jean Bailhache instructed his lawyer to appeal to King James I on the basis that it was not applicable in Jersey law.

This proved to be a major error, because not only did the Privy Council uphold the judgment of the Royal Court, but it ordered the forfeiture of the whole of the Fleur and fined its owner 30 shillings on top.

Judgment

The July 1620 judgment of the Privy Council read as follows:

“After our hartie comendations, Whereas a cause hath ben brought before us by waye of appelle between his Majesty of that Isle of Jersey and John baillchache merchant concerning a sentence given 4 novembe 1619 by you the bailiff and some Jurats, by which sentence a moitye of a certaine barke wich bein drawen upon the shore to be calked and shoread up broke and faing upon two of the workemen slewe them was adjudged to his Majesty’s fisq as a deodand, from wich baillehache did apealle and the King’s officials, adhering the same appelle, clame the forfaiture of the whole as his Majesty right. Upon hearing of wich case at large in the pressence of both parties with ther learned conseill and upon diligent examination of the custume and usaige pratized in like cases within that Isle and other circonstances worthye observation therein. It is found and accordingly wee doe herby declare that the whole shipp that so caused the death of those tow men is forfaitted unto his Majesty. And doe further tinke fitt that the said baillehac who hath caried himselfe with some obstinacy and pevers in the pesecution of this case doe pay unto the kinge for his charges the sume of 30 shillings sterlinge in boeth wich wee require you to give order accordingly and soe wee bid you hartly farewell from Whithal this 23 of July 1620.”

The case was deemed to be a precedent in Jersey law and can be found in La Constitution, Les Lois et Les Usages de Jersey, the definitive work written in the 1670s by Lieut-Bailiff Philippe Le Geyt.