Jetsam and flotsam.
The thirty-second to the thirty-sixth articles inclusive
refer to the laws of jetsam and flotsam, and
provide that goods thrown overboard to preserve the
ship and cargo do not change their proprietorship.
Whilst the thirty-seventh clause relates to strays of
the sea, such as whales[1] and other oil-fish, stipulating
that if a man on horseback could reach the stray with
his lance it was deemed a royalty belonging to the
lord. But if the fish was found farther off the
shore, the lord had no right to it, though afterwards
brought or driven on shore.
Royal fish. The five clauses which followed regulated the prevailing customs relating to sturgeon, salmon, turbot, the sea dragon, the sea barbel, and in general all fish fit for a king's table; besides oil-fish such as whales, and porpoises, or of any fish of which oil could be made, and in which the lord had a title to a share. All other fish were declared to be the property of those who caught them in the sea, whether in deep or shallow waters; whilst the forty-third and forty-fourth clauses adjusted the title to goods which had become derelict. The forty-fifth provided that a vessel cutting her cables and putting to sea through stress of weather was entitled to recover their value. Buoys were directed to be placed over the anchors, and any person detaining them from the lawful owners was to be reputed as "a thief and a robber."
Timber of wrecks. The forty-sixth and forty-seventh articles applied to the timber of wrecks, when the crew were lost and had perished. The pieces of the ship were declared to belong to the owners, notwithstanding any custom
- ↑ For notice of whales caught so far south as Biarritz, see "Syllabus of Rymer's Fœdera," Appendix No. 8, p. 648, s. a. 1338.
