Legal Definitions - lie in franchise

The term lie in franchise is a historical legal concept referring to certain types of abandoned, ownerless, or lost property that could be legally claimed and seized by an individual or entity holding a specific royal grant or privilege, known as a "franchise." This privilege allowed the holder to take possession of such items directly, without needing to obtain a court order or go through formal judicial proceedings.

Essentially, if an item "lay in franchise" for someone, that person had a pre-existing legal right, granted by the Crown, to claim it immediately upon discovery, provided it met the criteria of their specific franchise (e.g., "wreck of the sea," "waifs," or "strays").

• Example 1: Coastal Lord and Shipwrecked Goods

  Imagine a powerful lord in medieval England whose estate bordered a long stretch of coastline. This lord had been granted a royal franchise specifically for "wreck of the sea" within his territory. One stormy night, a merchant ship ran aground nearby, and its valuable cargo of spices and silks washed ashore onto the lord's beach. Because these goods "lay in franchise" for him, the lord could immediately send his men to collect and claim the shipwrecked cargo without needing to involve a court or prove his right to the property through a legal case. His royal grant gave him the direct authority to seize them.

• Example 2: Baron and Wandering Livestock

  Consider a baron in a rural region who held a royal franchise over "strays" within his barony. One morning, several head of cattle, clearly unbranded and without an apparent owner, were discovered grazing on the baron's common lands, having wandered from an unknown origin. Since these animals "lay in franchise" for the baron, he could take immediate possession of them. He did not need to petition a court or wait for a judge to declare the cattle his; his existing royal privilege allowed him to claim them directly as his own property.

• Example 3: Town Mayor and Abandoned Stolen Items

  In a bustling medieval town, the mayor might have been granted a specific royal franchise over "waifs" – stolen goods abandoned by a fleeing thief. If a known thief, pursued by town guards, dropped a pouch of stolen silver coins in the marketplace and vanished, and no original owner could be immediately identified, the coins would "lie in franchise" for the mayor. Under his royal grant, the mayor could immediately take possession of the abandoned silver on behalf of the town, without requiring a judicial decree to establish ownership.