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 ...

ESTRAY.

Estray, is where any beast or cattell is in any Lordship, and none knoweth the owner thereof, then it be shall sei••ed to the use of the King, or of the Lord that hath such estray by the Kings grant, or by prescription. And if the owner come and make claim thereto within a year and a day, then he shall have it again, or else after the year, the property thereof shall be to the Lord, so that the Lord make proclamation thereof according to the Law.

Goods waived, the Civilians call d••relicta, and Bracton saith quod olim fuerint Inventoris de Iure na∣turali, & jam efficiuntur Principis de Iure gentium. But now Kings have granted this Prerogative un∣to their Subjects within their liberties, so that waives and estrayes are the Lords of the Fran∣chise where they are found, but they must first by him be caused to be cryed in Markets near a∣bout* 1.1 him, or else the year and day runs not to the prejudice of him that lost them.

Notes

• * 1.1

  The Com∣mon Law extendeth derelictum both to that which is voluntarily forsaken, and to that which is waived and left by necessity.