and as we are in Scotland, we are of course governed by the former. The great point of difference, seen with the eyes of a finder, is that in Scotland the fraudulent concealment of Treasure Trove is not a criminal offence, as it is in England. Thus, from my point of view, I have nothing to fear as to results; for though by the General Police Act the finder is bound to report the find to the Chief Constable, the statute only applies to things found on roads or in public places. So far as this treasure is concerned, it may turn out that it can, in a sense, be no treasure trove at all."—
"According to Blackstone, treasure trove is where any money or coin, gold, silver, plate or bullion is found hidden in the earth or other private place, the owner thereof being unknown. If found upon the earth, or in the sea, it belongs, not to the Crown, but to the finder, if no owner appears. It is the hiding, not the abandoning, which gives the Crown the property."—
"Coin or bullion found at the bottom of a lake or in the bed of a river is not treasure trove. It is not hidden in the earth."—
"The right of the Crown is . . . limited to gold or silver, bullion or coin. It extends to nothing else." . . .
When I had got thus far the Spaniard interrupted me:
"But sir, in all these that you say, the rights of the owner seem to be recognised even in your law."
"Ah, but there comes in again a fresh difficulty; or rather a fresh series of difficulties, beginning with what is, in the eye of the law, the 'owner.' Let us for a moment take your case. You claim this treasure—if it can be found—as held by you for the original possessor. The original possessor was, I take it, the Pope, who sent it with the Armada, to be used for the conversion or subduing of England. We will take the purpose later, but
