Droit

Droict, Dreii. h. Ft. [Lat jus, rectum, directum."] Right, justice.

Co. Litt. 158 b.

See Directum, Bight.

A right

See infra, and see Jus. A writ of right, so called in the old books.

Co. Litt. 168 b.

Law. The common law is sometimes termed common droit. Litt. sect.

213. Co. Litt, 142 a.

See Commcn Law. The law gives not more than is demanded. 2 Inst. 286. ]»r«it ii« paet pa« aia Tier. Right cannot die.

Jenk. Cent. 100, case 95.

DROIT D'AUBAINE (D'AUBAIGNE, and sometimes DROIT D'AUBENAGE.) L. Fr. [L. Lat. jus albinatus, jus albanagiu\ A right or prerogative of ihe sovereigns of some countries in Europe, entitling them, on the death of an alien or stranger, to all he was worth, unless he had a particular exemption. 1 Rob. Charles V. Appendix, Note xxix. 1 Bl. Com. 3Y2. This was particularly the case in France, where from the time of Charlemagne, down to within a recent period, a stranger could not, except by special favor, dispose of his property by will, and when he died, the sovereign or lord of the barony succeeded by right of inheritance to his estate. Id. ibid. Spelman, voc. Albanus. Ducange, voc. Albani. Be^ perioirh de Jurisp, par Merlin, tit. Aubaine. 2 Km Vs Com. 61 — 69. It was abolished in 1791, but revived under Napoleon, and was finally abolished only in 1819. Id. ibid. It appears, however, to have survived in other places to the present day, being formally relinquished as a subsisting right, in treaties made very recently between the United States and several of the European powers. Convention with Hesse Cassel, March 25, 1844, Art. 1. Convention with Wurttemhurg, April 10, 1844. The etymology of aubaine has been variously given. Nicot says it was anciently spelt hobaine from the verb hober, which signifies to remove from one place to another. Thresor de la Lang. Franc, fol. Paris, 1606. Cujacius derives the word from the Lat. advena, a foreigner or stranger. Cujac. Opera, fol. Neap. 1758, tom. ix. col. 1719. Spelman derives it from the Lat. alibi natus, (a person bom elsewhere) which seems the best explanation. Spelman, voc. Albanus. P, Cyclop, voc, Aubaine.