Page:Prerogatives of the Crown.djvu/169

 Ch.VIII.^ Franchises, — Wrecks. 149 All these species of wreck prima facie belong to, »nd were originally in, the Crown by virtue of his prerogative (a). Being rights of a secondary nature they may belong to a subject by express grant or prescription, and are frequently vested in Lords of manors. If however a svibject prescribe or have a grant, for wreck only, he shall not have jetsam, flotsam or ligan(^). The antier^t common law as to wrecks, was v^ry strict ip favour of the King; but as the country became more civilized, mitigations of such severities were gradually introduced ; and by the common law as laid down by Bracton, in the reign of Henry 3., neither ships nor goods were considered wrecks if there were any sign or mark designating the right of the owner, who appeared and claimed them (c). And by the stat. 3 Edw. 1. c. 4. " concerning wrecks of the sea, it is agreed that where a man, a dog, or a cat escape [quick*] out of the ship, that such ship nor barge, or any thing withip them shall not be adjudged a wreck; but the goods shall be saved and kept by view of the sheriff, coroner, [and] the King's bailifi^ and delivered into the hands of such as are of the town where the goods were found; so that if any sue for those goods and can prove that they were his, or his lord's, or perished in his keeping, within a year and a day, they shall be restored to him without delay; and if not, they ghall remain to the King apd be taken by the sheriffs, coroners, [and bailiffs, and shall be delivered to them of the town {d) ] to answer before the justices of the wreck belonging to the King. And wjiere wreck be- longeth to another than to the King, he shall have it in like manner. And he that otherwise doth, and thereof be attainted, shall be awarded to prison and make fine at the King's will, and shall yield damages also. And if a bailiff do so, and be disavowed by his lord, and the lord [will not pretend any title thereunto [e ] the bailiff shall answer, if he have whereof; and if he have not whereof, the Lord shall deliver the BailifTs body to the Kijig." This statute has received a very liberal construction, for it was passed to check the abuse of the royal (a) 5 Co. 106. G Mod. 149, per cur. (r?) The translations previous to Pul- (A) 5 Co. ip7. ton read " bailiffs of the town." {c) 2 Inst. 167. Bracton, lib. 3. fol. (e) The translations previous to Pul- 120. 1 Bla. Com. 291, &c. ton, read " will not discharge him prerogative
 * /. e. alive. thereof."