A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
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Title
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
Author
Leigh, Edward, 1602-1671.
Publication
London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
1658.
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Subject terms
Law -- Terminology.
Cite this Item
"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed May 3, 2024.
Pages
WAIF.
Waif, The Civilians call it derelictum, this belonged in times past to the finder, by the Law of nature, and now to the Prince by the Law of Nations, or to the Lord of the Fee which hath his liberty granted him by the King, if the owner shall challenge it within a year and a day, it shall be restored him.
A thing pro derelicto habita, waived and for∣saken, is nullius in bonis, as when a man for fear of a tempest casteth his things into the Sea, or some danger being emminent, leaveth them upon the land, or else of his own free-will, leaveth that which is his own sine spe reh. thendi.
I•• a thing be fallen out of a chariot or Wagon, it may be said to be lost or waived.
Felony is not committed in the taking of trea∣sury ••ound wreck of the Sea, waif and stray, and such like, unless they have been before seised
and the reason is, quia Dominus rerum non ap∣paret, ideo cujus sunt incertum est, and therefore punishment in such cases, is by ••••ne, and not by the taking away of life and member.
Waif, is properly when a thief being pursued and having stolen goods about him, doth leave or forsake them, that he may fly away.