An abridgement of all sea-lavves Gathered forth of all writings and monuments, which are to be found among any people or nation, upon the coasts of the great Ocean and Mediterranean Sea. And specially ordered and disposed for the use and benefit of all benevolent sea-farers, within his Majesties dominions of Great Brittain, Ireland, and the adjacent isles thereof. By William Welvvod, professor of the civill lawe.

TIT. XXIV.

Of things found upon the Sea, or within the floud-marke.

SHips, goods, or geare, or whatsoever other things found within the Sea or floud thereof, are of three sorts: as, either found on the streame floting, and then are called Floatson: or found on the Sea bottom, and drawne up from the same by Doukers and other meanes; and then are called Lagon:

or found on land, but with∣in the Sea-floud, as cast forth there by storme and the wa∣ter; and then are called Ier∣son.

Concerning Floatson and Ie••son, whether things be cast up by shipwrack, or else left as lost through casting in stormes, the finders thereof, as some Lawyers thinke,a should doe therewith, as with other goods found upō land: that is, to proclaime the same to be forth-comming to the just owner; because the loser or ••ynner of such goods remaineth still ow∣ner and proprietar thereof:b

and if no man claime, the finder to keepe it to himselfe if he be poore.c But accor∣ding to the old Rhodian law, whether the finder be rich or poore, he may claime or rather retaine the fift part, for the safe keepingd If a Douker finde drowned goods upon eight cubits deepe, hee gaines the third part; and if on fifteene cu∣bits, then he obtaines the halfe; but upon one cubite, onely the tenth part.e

Yet if the finder be rich, and hath found goods by chance, hee should rather give it to the Church or

poore, as some say.f

But now-adayes this go∣eth farre otherwise; first, be∣cause persons endued with the superiority or signiory of any part of the Sea-coast, do claime all or a part of these things, whether cast forth of ships, or otherwise com∣ming upon their land,g which otherwise before was allowed to the finder:h

Even so, when shippes or boats were found on the sea, or at the coast thereof, with∣out any living creature ther∣in, and no man claiming the same for the space of a yeere and a day, then was the halfe

allowed to the finder, and the remanent to the Prince, as a derelict:i but since the erection and constitution of Admiralls, this kinde of found goods are diversly par••ed; for in France, the King, draweth a third, the Admirall a third, and the finder a third.k And of old, in England, although such things were divided twixt the Admirall and the fin∣der,l yet now they are left to the arbitrement of both Admirals in England and Scotland, to consider the fin∣der or taker with a condigne portion, for his travels,

charges, and hazard in all circumstances;m even with the halfe at least, according to that which Tryphonius sets downe, concerning things found on land.n Yet, if the finder conceale such goods, whether an∣chors, timber, jewels, dead∣men with money or jewels about them, &c. he not one∣ly loseth his just part, but may be also fined at the will of the Admirall.o And thus farre concerning things found by the labour and tra∣vels of men.

If Whales, great grosse fishes, ships, or boats, with∣out

any living in them, by force of winde and waves onely, be driven to any coast or land, then all and whole appertaines to the Admirall: and so generally, all casual∣ties whatsoever.p

Notes

• a

  Faber & alij inst. de rer. di∣vis. sect. pen.
• b

  per l. Pom∣ponius. parag. fin. de acquir. rer. dom.
• c

  Faber. d. pa∣rag. pen.
• d

  Art. 45. & 46 Il. nava••. Rhod.
• e

  dd. art.
• f

  Auth. omnes peregrini com∣munio de suc∣cessionib.
• g

  Oleron.
• h

  Eod,
• i

  Vide statu. re∣gis Alex. Scot
• k

  L' Admirall de France.
• l

  Vide de off. Adm. Ang••.
• m

  Per diploma∣ta.
• n

  l. Si is qui. 63. in fin. de acq. rer. dom.
• o

  L' Admiral de France. & d. depl.
• p

  Per dd. diplo. & de off. Adm.