Amicus reipublicæ. = The Common-Wealths friend or an exact and speedie course to justice and right, and for preventing and determining of tedious law-suits. With many other things very considerable for the good of the publick. All which are fully controverted and debated in law. By John March of Grayes-Inne, barister.

Whether the Law of forfeiture of goods wrecked at Sea, be a reason∣able Law, or not?

I Am not here to meddle with Flotsam, that is, where goods float upon the Sea; nor with Jetsam, where goods are cast into the Sea to prevent Shipwreck, nor yet with Lagan, where they are fastened to any thing that they may be discover∣ed; for of these I may say (in regard it is uncertain upon what Coast they may be cast, or whether driven) Capi∣at qui capere potest; ketch that ketch can, but with wreck of Sea, and that is such goods onely, which upon a Shipwreck, are cast or left upon the Land by the Sea, and this onely is Wreck.

The ground of this Wreck of Sea, was, as it is said, that goods being so wrecked, the property was in no man, and therefore the Law gave them to the King, who was Lord of

the narrow Seas, who was bound to scowr the Seas of Pyrats and petty Robbers, towards the charge of the same, this was the foundation of this Law.

And now it is fit to know, what the Common Law was before the Statute of 3. E. 1. D. S. saith, that by the Common Law goods wrecked upon the Sea were immediately for∣feited to the King, but I rather be∣lieve Bracton lib. 3. 33. 135. that there shall be no wreck where the owner comes and avows the goods to be his; observe there that that is indefi∣nite at any time, and that were a rea∣sonable Law. And Cook lib. 5. S^r. Henry Constables case, it is said, that the Statute of 3. E. 1. was but a con∣firmation of the Common Law, then certainly the Law was the same be∣fore, as it is now by that Statute.

And by that Statute of 3. E. 1. cap. 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, nor any thing within them, shall be ad∣judged Wreck, but to be saved and kept by the Sheriff, &c. so that if any sue for, and prove the goods his, within a year and a day, they shall be restored, otherwise to re∣main to the King, &c.

So that the Law is, that if but a Dog or Cat escape alive out of the Ship, then not to be adjudged Wreck, otherwise it is. Now to me this seems a very hard Law, that a man should lose his estate there be∣ing no act, or default in him, which is contrarie to the rule of Law: and as I have said before, there is an∣other rule in Law, that the act of God shall prejudice no man; and for my part, I cannot judge an Act of Parliament made against this rule, to stand with reason. This is afflictio∣nem

afflictis addere, to add affliction to affliction, and to throw him quite down that is a falling: certainly there cannot be any thing more against reason and Religion, than for to add burthen to burthen, sorrow to sor∣row: when the afflicting hand of God is upon a man, 'tis sad and mi∣serable to meet with such as Jobs friends. For a man in an impetuous dreadfull storm and tempest, to be tossed to and fro at Sea, by the ra∣ging and swelling billows thereof, every moment expecting nothing but destruction; and at the last, to be Ship-wrecked and swallowed up in the merciless deep, and after all, to have this further aggravation of mi∣serie, that if nothing escape alive, the goods to be forfeited, or if any thing escape alive, if not a man, to be con∣fined to a year and a day to prove the propertie, when that it is almost an impossible thing for friends to be

informed of the sad misfortune, the men being all cast away; this seems to me a very hard and strange Law.

But to this it may be said, that the goods may be bona peritura, and if libertie should not be given to di∣spose of them, after such time no claim being made, they may perish, and so nobodie be advantaged there∣by.

To this I say, 'tis true, it may be so; Therefore I conceive it just, as in case of Estrays, so in this case, that a Law should be made, by which it should be provided, that notice should be given of such a Shipwreck and such goods taken up, by way of Proclamation, in all the Port-Towns and other chief Cities of Merchan∣dise▪ and then if claim be not made within the same time, the forfeiture may be more reasonable. And we ought to be invited to this the ra∣ther, considering it was the hand of

God which brought this affliction, and therefore let us not add forfei∣ture of estate to loss of life, if possi∣bly it may be prevented. The next and last thing I shall discourse of, is Wills, and of that onely by way of advise.