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NeCede's

Maxim 4.3.12

A treasure belongs to the king, and not to the lord of a liberty, unless it be through special words.

Thesaurus competit domino regi, et non domino libertatis, nisi sit per verba specialia.

Source: Fitz. Corone, 281; Jackson Difficulty 3/5 — Intermediate

Explanation

Treasure trove belongs to the Crown by default — a lord of a franchise or liberty has no claim to it unless his grant contains express words conferring that right.

Where this applies

  • Treasure is found on a lord's land and the question is who owns it.
  • A dispute about treasure trove and whether a private landowner or the state has the claim.

Legal domains

propertysovereignty

Cite this maxim

NeCede Max. 4.3.12 — A treasure belongs to the king, and not to the lord of a liberty, unless it be through special words. — Fitz. Corone, 281; Jackson (Thesaurus competit domino regi, et non domino libertatis, nisi sit per verba specialia.)

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