and the
secret also dies with him, the law gives it the king, in part of his
royal revenue. But a man that scatters his treasure into the sea, or
upon the public surface of the earth, is construed to have absolutely
abandoned his property, and returned it into the common stock, without
any intention of reclaiming it; and therefore it belongs, as in a
state of nature, to the first occupant, or finder; unless the owner
appear and assert his right, which then proves that the loss was by
accident, and not with an intent to renounce his property.

[Footnote u: 3 Inst. 132. Dalt. Sheriffs. c. 16.]

[Footnote w: Britt. c. 17. Finch. L. 177.]

[Footnote x: _l._ 3. _c._ 3. Sec. 4.]

FORMERLY all treasure-trove belonged to the finder[y]; as was also the
rule of the civil law[z]. 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[a], "_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 desarts. 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[b], 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[c].

[Footnote y: Bracton. _l._ 3. _c._ 3. 3 Inst. 133.]

[Footnote z: _Ff._ 41. 1. 31.]

[Footnote a: _de jur. b. & p._ _l._ 2. _c._ 8. Sec. 7.]

[Footnote b: Gl