Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
be restored to him without delay; but, if no such property be proved
within that time, they then shall be the king's. If the goods are of a
perishable nature, the sheriff may sell them, and the money shall be
liable in their stead[k]. This revenue of wrecks is frequently granted
out to lords of manors, as a royal franchise; and if any one be thus
entitled to wrecks in his own land, and the king's goods are wrecked
thereon, the king may claim them at any time, even after the year and
day[l].
[Footnote z: Dr & St. d. 2. c. 51.]
[Footnote a: Spelm. _Cod. apud_ Wilkins. 305.]
[Footnote b: 26 May, _A.D._ 1174. 1 Rym. _Foed._ 36.]
[Footnote c: Rog. Hoved. _in Ric. I_.]
[Footnote d: In like manner Constantine the great, finding that by the
imperial law the revenue of wrecks was given to the prince's treasury
or _fiscus_, restrained it by an edict (_Cod._ 11. 5. 1.) and ordered
them to remain to the owners; adding this humane expostulation, "_Quod
enim jus habet fiscus in aliena calamitate, ut de re tam luctuosa
compendium sectetur?_"]
[Footnote e: Bract. _l._ 3. _c._ 3.]
[Footnote f: 3 Edw. I. c. 4.]
[Footnote g: Flet. 1. _c._ 44. 2 Inst. 167.]
[Footnote h: Sec. 28.]
[Footnote i: 2 Inst. 168.]
[Footnote k: Plowd. 166.]
[Footnote l: 2 Inst. 168. Bro. Abr. _tit. Wreck_.]
IT is to be observed, that in order to constitute a legal _wreck_, the
goods must come to land. If they continue at sea, the law
distinguishes them by the barbarous and uncouth appellations of
_jetsam_, _flotsam_, and _ligan_. Jetsam is where goods are cast into
the sea, and there sink and remain under water: flotsam is where they
continue swimming on the surface of the waves: ligan is where they are
sunk in the sea, but tied to a cork or buoy, in order to be found
again[m]. These are also the king's, if no owner appears to claim
them; but, if any owner appears, he is entitled to recover the
possession. For even if they be cast overboard, without any mark or
buoy, in order to lighten the ship, the owner is not by this act of
necessity construed to have renounced his property[n]: much less can
things ligan be supposed to be abandoned, since the owner has done all
in his power, to assert and retain his property. These three are
therefore accounted so far a distinct thing from the former, that by
the king's grant to a man of wrecks, things jetsam, flotsam, and ligan
will not pass[o].
[Footnote m: 5 Rep. 106.]
[Footnote n: _Quae enim res in tempestate, levandae navis causa,
ejiciuntur, hac dominorum permanent. Quia palam est, eas non eo animo
ejici, quod quis habere nolit._ _Inst._ 2. 1. Sec. 48.]
[Footnote o: 5 Rep. 108.]
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