T R E 



T R E 



it fliould' fcem that two witneffes are not neceflary, as in the 

 cafe of petit treafon they are. See Indictment. 



The punilhraent of petit treafon, in a man, is to be drawn 

 and hanged ; and in a woman, to be drawn and burnt : the 

 idea of which latter punifhment, fays judge Blackftone, feems 

 to have been handed down to us by the laws of the ancient 

 Druids, which condemned a woman to be burnt for murder- 

 ing her huftiand ; and it is now the ufual punifhment for all 

 forts of treafons committed by thofe of the female fex. Per- 

 fons guilty of petit treafon, were firft debarred the benefit of 

 clergy by ftat. 12 Hen. VIII. c. 7. which has been fince 

 extended to their aiders, abettors, and counfellors, by ftat. 

 23 Hen. Vni. c. I. 4., and 5 P. & M. c. 4. 



This kind gives forfeiture of lands by efcheat to the lord 

 of the fee. See Forfeiture and Escheat. 



Treason, Aceumulaiive. See Accumulation*. Blackft. 

 Comm. vol. iv. &c. 



Treason', Appeal of High. It was anciently permitted, 

 that any iubjeft might appeal another fubjeCl of high-treafon, 

 either in the courts of common law, or in parhament, or 

 (for treafons committed beyond the feas) in the court of the 

 high conilable and marflial. The cognizance of appeals in 

 the latter ftill continues in force ; and fo late as 1631, there 

 was a trial by battle awarded in the court of chivalry, on 

 fuch an appeal of treafon ; but that in the firft was vlrluaUy 

 abolifhed by the firft flat. 5 Edw. III. c. 9. and 25 Edw. III. 

 c. 24. and in the fecond exprefs/y by ftat. I Hen. IV. c. 14. 

 So that the only appeals now in force, for things done within 

 the realm, are appeals of felony and mayhem. Blackft. 

 Comm. vol. iv. 



Treason, Conjlnidl've, an offence raifed, by forced and 

 arbitrary conftruftion, into the crime and punifhment of 

 treafon, which never was fufpefted to be fuch : a multitude 

 of thefe exifted before the inconvenience was remedied by 

 25 Edw. III. c. 2. Conftruftive treafons were alfo nu- 

 merous in the reign of R.ichard II. and afterwards between 

 the reign of Henry IV. and queen Mary, and particularly 

 in the bloody reign of Henry VIII., all which were abro- 

 gated by the ftat. I Mary, c. i. which once more reduced all 

 treafons to the ftandard of the ftat. 25 Edw. III. 

 Treason', M'tfprlfion of. See Misprision. 

 TREASURE, Thesaurus, Sus-xujo;, a ftore, or rtock 

 of money, in referve. 



TREASURE-^rotJf, q. d. treafure found, thefaurus inventus, 

 in Laiu, is when money, gold, filver, plate, or bullion, is 

 found in the ground, in any place, and none knows to whom 

 it belongs. 



This fhould naturally fall to the finder, to whom it for- 

 merly belonged, as was the rule of the civil law : but par- 

 ticular nations have made particular provifions for it. The 

 Jews give it to the proprietor of the place where it was 

 found : the Roman jurifprudence was various with regard 

 to it ; fometimes it was given to the mafter of the grounds, 

 fometimes to the finder, and fometimes it was adjudged to the 

 public treafury. 



In England, and alfo in Germany, France, Spain, and 

 Denmark, the general ufage is, to have fuch treafure fequef- 

 tered to the king, unlefs where the benefit of it is exprefsly 

 granted or made over by the king to fome other, as the lord 

 of the manor : and that the prince fliall be intitled to this 

 hidden treafure, is now become, according to Grotius, jus 

 commune Iff gentium. If, indeed, he that hid it be known, or 

 afterwards found out, the owner, and not the king, is intitled 

 to it. Alfo, if it be found in the fea, or upon the earth, it 

 doth not belong to the king, but the finder» if no owner 

 appears. So that it feems it is the hiding, not the abandon- 

 kig of it, that gives the king a property. 

 Vol. XXXVl. 



In fome places in France it is divided into three parts, 

 one for the king, one for the proprietor of the land, and one 

 for the finder. 



Briton fays, it is every fubjeft's part, as foon as he hath 

 found any treafure in the earth, to make it known to the 

 coroner of the county, &c. 



The punilhment for concealing treafure found in England, 

 was formerly no lefs than death ; but now it is only impri- 

 fonment and fine : but if any mine of metal be found in any 

 ground, it always appertains to the lord of the foil, except 

 it be a mine of gold or filver, which anciently always be- 

 longed to the king, in whofe ground foever it were found ; 

 but, by an aft of parliament, the king hath now only the 

 pre-emption. 



TREASURER, an officer to whom the treafure of the 

 prince, or corporation, is committed to be kept, and duly 

 difpofed of, in payment of officers, and other expences. See 

 Treasury. 



Of thefe there is a great variety. His majefty of Great 

 Britain, in quality of elcftor of Brunfwick, was formerly 

 arch-treafurer of the Roman empire. In the flutes of Po- 

 land are two grand-treafurers ; that of the kingdom of 

 Poland, and that of the duchy of Lithuania. 



In England, the principal officers under this denomination 

 are, the lord high-treafurer, the treafnrcr of the houfehold, 

 treafurer of the navy, of the king's chamber, &c. Anciently, 

 we hsd hkevvife a treafurer of the exchequer, treafurer of war, 

 &c. In the Romifh countries, the title of treafurer is alfo 

 given, fomewhat abufivcly, to an ecclefiaflic, who has the 

 keeping of the relics, and of the charters and archives of a 

 church or monaftery. This dignity fucceeds, in fome mea- 

 fure, to that of the ancient deacons, who had the like charge 

 in the primitive church. 



Treasurer of England, Lord High, is the principal 

 ofRcer of the crown ; under whofe charge and government is 

 all the king's revenue kept in the exchequer. 



He receives the ofBce by delivery of a white ftaff to him 

 from the king, and holds it during the king's pleafure : an- 

 ciently he received it by delivery of the golden keys of the 

 treafury. 



He has the checque of all the officers any way em- 

 ployed in coUefting impofts, cuftoms, tributes, or other 

 revenues of the crown. He has the gift of all the cuftomers, 

 comptrollers, and fearchers' places, in all the ports of 

 London ; and the nomination of the efcheators 'in every 

 county. 



He alone (or others in commiflion with him) lets leafes of 

 all the crown-lands, gives warrants to certain perfons of qua- 

 lity to have their wine cuftom-free, &c. 



Killing the lord-treafurer in the execution of his office, 15 

 high-treafon. 



The office of lord-treafurer is now in commiffion. 



The number of lords-commiffioners is five. 



Treasurer of England, Under. See \5tiDt.v.-Treafurtr. 



Treasurer of the Houfehold, is an officer who, in the ab- 

 fence of the lord-fteward, has power, with the comptroller 

 and other officers of the Green-cloth, and the fteward of the 

 Marfhalfea, to hear and determine treafons, felonies, and 

 other crimes committed within the king's palace. See 



HOUSHOLD. 



There is alfo a treafurer belonging to the eftablifhment of 

 her majefty's houfehold, &c. 



Treasurer of the Navy, is an officer who receives money 

 out of the exchequer, by warrant from the lord high-treafurer, 

 or the lords-commiffioners executing that place ; and pays all 

 charges of the navy, by warrant from the principal officers of 

 the navy. See Navy. 



y Treasurer 



