WHALES, 315 



who, surrounding them with boats, embay them, and force Account of the 



them ashore), the bailie of the parish is advertised, who «")a^^^7'^^^^\ 

 ^' ' which trequent 



comes to the place, and takes care that none of tnem are em- the north coast 

 bezzled; and he acquaints the Admiral thereof, who forthwith of Scotland, 3«c* 

 goes there, and holds a court, where the fiscal presents a peti- 

 tion, reciting the number of whales, &c. that the judge may 

 give judgment thereupon, according to Jaw and the country 

 practice. Whereupon the Admiral ordains the whales driven 

 ashore to be divided in three equal parts; one to belong to 

 himself; one to the salvers ; and the third to the proprietor of 

 the ground on which the whales are driven ashore*." It is 

 added, that the minister of the parish demands tithes of them* 

 and that the bailie of the parish claims the head as a perqul- 

 gite. Mr. Giffard fortunately informs us, that the " biggest" 

 of the whales of which he is speaking, " are from eighteen to 

 twenty feet long." 



Let us now examine how the law stands on this subject.' 

 " By the leges foresiarum, § 17 (says Mr. Erskine), all great 

 whales belong to the King, and all such smaller whales as may 

 not be drawn from the water to the nearest part of the land 

 on a wain with six oxen. But no whales have, for at least half 

 a century past, been claimed, either by the King, or by the 

 Admiral his donatory, but such as were of a size considerably 

 larger than there described," 



ly. 



* Account of Zealand, by Thomas GifFard of Eusta, 1753, in J?/J/io- 

 tjtcca Bntannka topographica. No. 38. 

 f Institute^ b. it, tit. !, § 10. 



