ſhip in freſh water, and is drowned, it hath been ſaid, that the veſſel and cargo are in ſtrictneſs of law a deodand[1]. But juries have of late very frequently taken upon themſelves to mitigate theſe forfeitures, by finding only ſome trifling thing, or part of an intire thing, to have been the occaſion of the death. And in ſuch caſes, although the finding of the jury be hardly warrantable by law, the court of king's bench hath generally refuſed to interfere on behalf of the lord of the franchiſe, to aſſiſt ſo odious a claim[2].
Deodands, and forfeitures in general, as well as wrecks, treaſure trove, royal fiſh, mines, waifs, and eſtrays, may be granted by the king to particular ſubjects, as a royal franchiſe: and indeed they are for the moſt part granted out to the lords of manors, or other liberties; to the perverſion of their original deſign.
XVII. Another branch of the king's ordinary revenue ariſes from eſcheats of lands, which happen upon the defect of heirs to ſucceed to the inheritance; whereupon they in general revert to and veſt in the king, who is eſteemed, in the eye of the law, the original proprietor of all the lands in the kingdom. But the diſcuſſion of this topic more properly belongs to the ſecond book of theſe commentaries, wherein we ſhall particularly conſider the manner in which lands may be acquired or loſt by eſcheat.
XVIII. I proceed therefore to the eighteenth and laſt branch of the king's ordinary revenue; which conſiſts in the cuſtody of idiots, from whence we ſhall be naturally led to conſider alſo the cuſtody of lunatics.
An idiot, or natural fool, is one that hath had no underſtanding from his nativity; and therefore is by law preſumed never likely to attain any. For which reaſon the cuſtody of him and
