14* Franchises.-^ Wrecks. [Ch.VIII. quently franchises in the hands of Lords of manors and others. It is worthy of observation that though the Lord of a manor may have waifs by prescription, yet he cannot have bona Jelonum and fugitivorum^ although a species of waifs, by pre- scription, because every prescription must be immemorial^ and the goods of felons and fugitives cannot be forfeited without record, which presupposes the memory of that continuance (a). t n. By the common law, and as declared by the statute de prerogativa Regis, 17 Edw. 2. statute 2. c. 11. the King is en- titled to wrecks {b). The prevention of the barbarous practice of destroying persons, who in shipwrecks approached the shore, in order to acquire the property shipwrecked, was the object of the law in conferring this prerogative on the King(c). There are four sorts of shipwrecked goods:- flotsam, jetsam, ligan, and wreck properly so called (d). Flotsam is when the ship is split, and the goods float upon the water between high and low water mark. Jetsam is when the ship is in danger of foundering, and for the purpose of saving the ship, the goods are cast into the sea. Ligan, lagan, or ligam, is when heavy goods are thrown into the sea with a buoy, so that the mariners may know where to retake them. These are also the King*s if no owner appear to claim them; but if any owner appear he is entitled to reco- ver the possession. For even if they be cast overboard with- out any mark or buoy, in order to lighten the ship, the owner is not by this act of necessity construed to have renounced his property; much less can things ligan be supposed to be aban- doned, since the owner has done all in his power to assert and retain his property {e). Wreck (properly so called) is where goods shipwrecked are cast upon the land ; and goods which are termed flotsam, jet- sam and ligan, become and are deemed wrecks if they be cast upon the land. (a) Bro. Estray, 13. 5 Co. 109. 43 Inst. 167. Molloy, Q37. Moor. 224. Edw. 3. 16. Hale (le jure Mar. 40. (b) 1 Bla. Com. 290. (d) 1 Bla. Com. 292. (c) Cro. Jur. Belli 117, 132, 141. 2 (e) Ibid. All J
