court, but the states may, and some of them have, their own constitutions and legislation as to treasons committed against themselves, generally following the lines of the constitution and legislation of the United States. In some cases there are differences which are worth notice. Thus the constitution of Massachusetts, pt. 1, § 25, declares that no subject ought in any case or in any time to be declared guilty of treason by the legislature. The same provision is contained in the constitutions of Vermont, Connecticut, Pennsylvania, Alabama and others. In some states the crime of treason cannot be pardoned; in others, as in New York, it may be pardoned by the legislature, and the governor may suspend the sentence until the end of the session of the legislature next following conviction. In some states a person convicted of treason is disqualified for exercising the franchise. In New York conviction carries with it forfeiture of real estate for the life of the convict and of his goods and chattels.
France.—By the Code Pénal treason falls under the head of crimes against the safety of the state (bk. iii. tit. i. c. 1). It is a capital offence for a Frenchman to bear arms against France (s. 75) or to plot with a foreign power or its agents to commit hostilities or undertake war against France whether war follows or not (s. 76), or to intrigue with the enemies of the state for facilitating their entry into French territory, or to deliver to them French ships or fortresses, or to supply them with munitions of war, or aid the progress of their arms in French possessions or against French forces by sea or land (s. 78).
Germany.—The Strafgesetzbuch distinguishes between high treason (Hochverrat) and treason (Landesverrat). The offences denominated high treason are (1) murder or attempt to murder the emperor or a federal sovereign in his own state, or during the stay of the offender in the sovereign’s state (s.80); (2) undertaking to kill, take prisoner, or deliver into an enemy’s power, or make incapable of government a federal sovereign; to change by violence the constitution of the empire or a state thereof or the successor to the throne therein; to incorporate by force the federal territory or the territory of any such state with a foreign or another federal state (s. 81). The code treats as treason, but does not punish by death, the offences included in the French code (ss. 87–89), and under certain circumstances punishes alien residents or these offences (s. 91). The code also punishes insults on the emperor and federal sovereigns (ss. 95, 97) under the name of Majestätsbeleidigung.
Italy.—Treason in the Penal Code 1888 (tit. i. c. 1) includes direct acts to subject Italy or any part thereof to foreign domination or to diminish its independence or break up its unity (s. 104), to bear arms against the state (s. 105), or intrigue with foreign states with the object of their levying war against Italy or helping them in such war (s. 106), or to reveal political or military secrets affecting the national independence (s. 107).
Spain.—The Spanish code distinguishes between treason (lesa majestad) and rebellion (rebelión). Under the former are included assassination, or attempts on the life or personal liberty of the king (arts. 158, 159), or insults to the king (161, 162), and provisions are made as to attacks on the heir or consort of the sovereign (163, 164). Under rebellion are included violent attempts to dethrone the king or to interfere with the allegiance to him of his forces or any part of the realm (243). (W. F. C.)
TREASURE TROVE, the legal expression for coin, bullion, gold or silver articles, found (Fr. trouvé) hidden in the earth,
for which no owner can be discovered. In Roman law it was
called thesaurus, and defined as an ancient deposit of money
(vetus depositio pecuniae) found accidentally. Under the emperors
half went to the finder and half to the owner of the land, who
might be the emperor, the public treasury (fiscus), or some other
proprietor. Property found in the sea or on the earth has at no
time been looked on as treasure trove. If the owner cannot be
ascertained it becomes the property of the finder (see Lost Property).
As the feudal system spread over Europe and the
prince was looked on as the ultimate owner of all lands, his right
to the treasure trove became, according to Grotius, jus commune
et quasi gentium, in England, Germany, France, Spain and
Denmark. In England for centuries the right to treasure trove
has been in the Crown, who may grant it out as franchise. It
is the duty of the finder, and indeed of any one who acquires
knowledge, to report the matter to the coroner, who must forthwith
hold an inquest to find whether the discovery be treasure
trove or no. Although the taking of the find is not larceny until
this be done, the concealment is an indictable offence still punishable
in practice, and formerly was held “akin. both to treason
and to larceny.” In the statute De officio coronatoris 1276
(4 Edw. I. c. 2) the coroner is enjoined to inquire as to
treasure trove both as to finders and suspected finders, “and
that may be well perceived where one liveth riotously and have
done so of long time.” The Coroners Act of 1887 continues this
power as heretofore. In Scotland the law is the same, but
the concealment is not a criminal offence; it is there the duty of
the king’s and lord treasurer’s remembrance, With the aid of the
local procurator fiscal, to secure any find for the Crown, whose
rights in this respect have been pushed to some length. Thus in
1888 a prehistoric jet necklace and some other articles found in
Forfarshire were claimed by the authorities, though they were
neither gold nor silver. The matter was finally compromised
by the deposit of the find in the National Museum. By a treasury
order of 1886 provision is made for the preservation of suitable
articles so found in the various national museums and payment
to the finders of sums in respect of the same. Also if the things
are not required for this purpose they are to be returned to the
finder. In India the Treasure Trove Act (16 of 1878) makes
elaborate provision on the subject. It defines treasure as
“anything of value hidden in the soil.” When treasure over
Rs. 10 is discovered, the finder must inform the collector and
deposit the treasure or give security for its custody. Concealment
is a criminal offence. An inquiry is held upon notice; if
declared owner less the finder has three-fourths and the owner of
the ground one-fourth. The government, however, has the right of pre-emption.
In the United States the common law, following English precedent, would seem to give treasure trove to the public treasury, but in practice the finder has been allowed to keep it. In Louisiana French codes have been followed, so that one-half goes to finder and one-half to owner of land. Modern French law is the same as this, as it is also in Germany, in Italy and in Spain. In the latter country formerly the state had three quarters, whilst a quarter was given to the finder. In Austria a third goes to the finder, a third to the owner of the land, and a third to the state, and provision is made for the possible purchase of valuable antiquities by the state. In Denmark treasure trove is known as “treasure of Denmark,” and is the property of the king alone. In Russia the usage varies. In one or two of the governments, in Poland and the Baltic provinces, the treasure is divided between the owner of the land and the finder, but throughout the rest of Russia it belongs exclusively to the owner of the land. This was also the law amongst the ancient Hebrews, or so Grotius infers from the parable of the treasure hid in a field (Matt. xiii. 44).
See Blackstone’s Commentaries; Chitty’s Prerogatives of the Crown; R. Henslowe Wellington, The King’s Coroner (1905–1906); Rankine on Landownership; Murray, Archaeological Survey of the United Kingdom (1896), containing copious references to the literature of the subject. (F. Wa.)
TREASURY, a place for the storage of treasure (Fr. trésor, Lat. thesaurus, Gr. θησανός, store, hoard); also that department of a government which manages the public revenue. The head of the department was an important official in the early history of English institutions. He managed the king’s hoard or treasury, and under the Med. Latin name of thesaurarius, i.e. treasurer, grew into increased importance in times when the main object of government seemed to be to fill the king’s purse. He received the title of lord high treasurer (q.v.) and ranked as the third great officer of state. In course of time the English treasury grew into two departments of state (see Exchequer). Since 1714 the office of lord high treasurer has been in commission, and his duties have been administered by a board, consisting of a first lord, a chancellor and four or more junior lords. The board itself never meets, except on extraordinary occasions, although until the commencement of the 19th century it was its practice to meet almost daily to discuss matters of
financial detail. There were originally separate treasury boards for England, Scotland and Ireland, but the English and Scottish were united by the act of union, and that of Ireland was joined with the English in 1816. The first lord of the treasury (see Ministry) takes practically no part in the duties of the board,
