Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/312

 296 all treaure-trove belonged to the finder ; as was alo the rule of the civil law. Afterwards it was judged expedient for the purpoes of the tate, and particularly for the coinage, to allow part of what was o found to the king; which part was aigned to be all hidden treaure; uch as is caually lot and unclaimed, and alo uch as is deignedly abandoned, till remaining the right of the fortunate finder. And that the prince hall be entitled to this hidden treaure is now grown to be, according to Grotius, "jus commune, et quai gentium:" for it is not only oberved, he adds, in England, but in Germany, France, Spain, and Denmark. The finding of depoited treaure was much more frequent, and the treaures themelves more coniderable, in the infancy of our contitution than at preent. When the Romans, and other inhabitants of the repective countries which compoed their empire, were driven out by the northern nations, they concealed their money under-ground; with a view of reorting to it again when the heat of the irruption hould be over, and the invaders driven back to their defarts. But, as this never happened, the treaures were never claimed; and on the death of the owners the ecret alo died along with them. The conquering generals, being aware of the value of thee hidden mines, made it highly penal to ecrete them from the public ervice. In England therefore, as among the feudits, the punihment of uch as concealed from the king the finding of hidden treaure was formerly no les than death; but now it is only fine and imprionment.

XIV. , bona waviata, are goods tolen, and waived or thrown away by the thief in his flight, for fear of being apprehended. Thee are given to the king by the law, as a punihment upon the owner, for not himelf puruing the felon, and taking away his goods from him. And therefore if the party robbed do his diligence immediately to follow and apprehend the Rh