Formerly all treaſure-trove belonged to the finder[1]; as was alſo the rule of the civil law[2]. Afterwards it was judged expedient for the purpoſes of the ſtate, and particularly for the coinage, to allow part of what was ſo found to the king; which part was aſſigned to be all hidden treaſure; ſuch as is caſually loſt and unclaimed, and alſo ſuch as is deſignedly abandoned, ſtill remaining the right of the fortunate finder. And that the prince ſhall be entitled to this hidden treaſure is now grown to be, according to Grotius[3], "jus commune, et quaſi gentium:" for it is not only obſerved, he adds, in England, but in Germany, France, Spain, and Denmark. The finding of depoſited treaſure was much more frequent, and the treaſures themſelves more conſiderable, in the infancy of our conſtitution than at preſent. When the Romans, and other inhabitants of the reſpective countries which compoſed their empire, were driven out by the northern nations, they concealed their money under-ground; with a view of reſorting to it again when the heat of the irruption ſhould be over, and the invaders driven back to their defarts. But, as this never happened, the treaſures were never claimed; and on the death of the owners the ſecret alſo died along with them. The conquering generals, being aware of the value of theſe hidden mines, made it highly penal to ſecrete them from the public ſervice. In England therefore, as among the feudiſts[4], the puniſhment of ſuch as concealed from the king the finding of hidden treaſure was formerly no leſs than death; but now it is only fine and impriſonment[5].
XIV. Waifs, bona waviata, are goods ſtolen, and waived or thrown away by the thief in his flight, for fear of being apprehended. Theſe are given to the king by the law, as a puniſhment upon the owner, for not himſelf purſuing the felon, and taking away his goods from him[6]. And therefore if the party robbed do his diligence immediately to follow and apprehend the
