[Orig. two words, in AF. tresor trové = L. thesaurus inventus, in 15th c. rendered in Eng. tresoure founden, founde, found; in 16th c. with the Fr. form anglicized treasure trovey, trove, trouve.] lit. Treasure found (see b), i.e., anything of the nature of treasure which any one finds; spec. in English Law: Treasure (gold or silver, money, plate, or bullion) found hidden in the ground or other place, the owner of which is unknown.
In original use a merely descriptive phrase, of general application. But from an early period a distinction arose; treasure that had been lost (and not claimed), or voluntarily abandoned (of which the amount was naturally small and inconsiderable) was allowed to be kept by the first finder; while that which had been (certainly or presumably) hidden, was claimed by the Crown. This practically included all ancient treasure, and to this the name treasure trove was specifically restricted. To encourage the giving up of such treasure, when found, and to prevent the destruction of valuable antiquities, the finder now receives from the Crown four-fifths or nine-tenths of the value. (For full discussion, see Wm. Martin, in Law Quart. Rev. (1904), XX. 27.)
[a. 1190. Glanvill, De Leg. et Consuet. Angl., XIV. ii. Placitum de occultatione inventi thesauri fraudulosa.
1292. Britton, I. ii. § 18. Et ausi apent a lour office de enquere de viel tresor trové en terre.
1348. Year-bk. 22 Edw. III., Easter (in Statham, Abridgement [? 1491] h ij). Thesaurum inuentum competit domino meo regi et non domino libertatis. Ibid. Mich., h ij b. Punysshement pur treasoure troue pris et emporte de werk de meere.
1443–4. Year-bk. 22 Hen. VI., Mich. (ibid., g viij). Cestuy a qui le proprete est auera tresoure troue.
1527. Rastell, Expos. Terminorum, Tresour troue est quant ascun money ou argent plate ou bolion est troue ascun leu et nul conust a quele properte est, doncques le properte de ceo apperteynt al roy et ceo est dit tresour troue [see 1567 below].]
1550. Acts Privy Counc., N. S. (1891), III. 14. To go with certein persons that have offred to finde treasure trovey.
1567. Expos. Terms Law (1579), 180 b/2. Treasure founde is when any money, gold, or siluer, plate, or bolion, is found in any place, & no man knoweth to whom the property is, then the property thereof belongeth to the queene, and that is called treasure troue, that is to say treasure found.
1572. Wogan, in T. Wright, Q. Eliz. & Times (1838), I. 442. One of the parties charged with the saide threasure trove.
1591. Sylvester, Du Bartas, I. v. 737. As wroth, that men upon his right should rove, Or theevish hands usurp his Treasar-trove.
c. 1634. Coke, Inst., III. 132.
1765. Blackstone, Comm., I. viii. 295.
1776. Adam Smith, W. N., II. i. (1869), I. 282. Treasure-trove was in those times considered as no contemptible part of the revenue of the greatest sovereigns in Europe.
1904. W. Martin, in Law Q. Rev., XX. 32. From the present-day point of view … we may say that if the discovered treasure has not been hidden … it is not specifically treasure trove.
attrib. 1868. G. Stephens, Runic Mon., II. 515. They have been continually sent to the melting pot, thanks to the old Treasure-trove law.
fig. c. 1700. Prior, Dial. Dead, Poems (1907), 227. Substances, Identity, Diversity, and fifty other glorious Tresor-trouves, to which you [Locke], the Master of the Soil, have the only right and Property.
1864. Tennyson, Aylmer’s Field, 515. There the manorial lord too curiously Raking in that millennial touchwood-dust Found for himself a bitter treasure-trove.
† b. Rendered treasure found. Obs.
1467–8. Rolls of Parlt., V. 563/1. Deodandes, Tresoure founden, and also all maner Goodes, Catelles and forfaitures. Ibid. (1482), VI. 205/1. Wrekke of the See, Tresour founde, and all such Issues, Fynes and amerciamentes.
1567. [see above].
1651. G. W., trans. Cowel’s Inst., 66. There is a propriety gained by finding, as in case of Treasure found,… by Treasure we mean an ancient hoarding of Money or other Mettall.
1670. Blount, Law Dict., s.v. Treasure-trove, The punishment for concealing Treasure found is imprisonment and fine.
[1887. Act 50 & 51 Vict., c. 71 § 36. A coroner shall continue as heretofore to have jurisdiction to inquire of treasure that is found, who were the finders, and who is suspected thereof.]
