In old

French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...

customs, ''aubaine'' (, ''windfall'') was an originally feudal right regulating the inheritance of goods from a foreigner who died in a country where he was not

naturalized Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...

. The word is formed from ''aubain'', a foreigner, which

Gilles Ménage Gilles Ménage (; 15 August 1613 – 23 July 1692) was a French scholar. Biography He was born at Angers, the son of Guillaume Ménage, king's advocate at Angers. A good memory and enthusiasm for learning carried him quickly through his lite ...

derived further from the

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

''alibi natus'';

Jacques Cujas Jacques Cujas (or Cujacius) (Toulouse, 1522 – Bourges, 4 October 1590) was a French legal expert. He was prominent among the legal humanists or ''mos gallicus'' school, which sought to abandon the work of the medieval Commentators and conce ...

derived from ''advena''; and

du Cange Charles du Fresne, sieur du Cange (; December 18, 1610 in Amiens – October 23, 1688 in Paris, aged 77), also known simply as Charles Dufresne, was a distinguished French philologist and historian of the Middle Ages and Byzantium. Life Educate ...

from ''albanus'', a Scot or Irishman, by the reason that these were anciently frequent travelers living abroad. The opposite of an ''aubain'' was a ''régnicole'', someone who died outside the French kingdom but was a royal subject by birth and residence. In the ''

Ancien Régime ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

'', ''aubaine'' was a right of the

King of France France was ruled by monarchs from the establishment of the Kingdom of West Francia in 843 until the end of the Second French Empire in 1870, with several interruptions. Classical French historiography usually regards Clovis I () as the first ...

, allowing him to claim the inheritance of all foreigners in his dominions; exclusive of all other lords, and even of any testament the deceased could make. An ambassador, though not naturalized, was not subject to the right of ''aubaine''. The

Swiss Swiss may refer to: * the adjectival form of Switzerland * Swiss people Places * Swiss, Missouri * Swiss, North Carolina *Swiss, West Virginia * Swiss, Wisconsin Other uses *Swiss-system tournament, in various games and sports *Swiss Internation ...

Savoy Savoy (; frp, Savouè ; french: Savoie ) is a cultural-historical region in the Western Alps. Situated on the cultural boundary between Occitania and Piedmont, the area extends from Lake Geneva in the north to the Dauphiné in the south. Savo ...

ards, Scots, and Portuguese were also exempted from ''aubaine'', as they were considered naturalized. This right applied to every holder of a secular or church

fief A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an Lord, overlord to a vassal, who held it in fealty or "in fee" in return for a for ...

. It also applied to abandoned children, but the holder of the right was the owner of the place where the child was left, who could thus recoup the costs of the care and education of the child if there were no inheritors. This right was a major risk for foreign traders at fairs, foreign contractors and workers in manufactures, mercenary soldiers, foreigners with rents or securities, and cities with large foreign populations. To give them security while generating state revenue, the right of ''aubaine'' was transformed into a tax on foreigners: for a 5% tax on the value of the property of the deceased, the king waived his right of ''aubaine'' for the nationals of

Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...

(1608),

Holland Holland is a geographical regionG. Geerts & H. Heestermans, 1981, ''Groot Woordenboek der Nederlandse Taal. Deel I'', Van Dale Lexicografie, Utrecht, p 1105 and former province on the western coast of the Netherlands. From the 10th to the 16th c ...

(1685),

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

(1739),

Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Danish Realm, Kingdom of Denmark ...

(1742),

Naples Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adminis ...

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...

and other

Bourbon Bourbon may refer to: Food and drink * Bourbon whiskey, an American whiskey made using a corn-based mash * Bourbon barrel aged beer, a type of beer aged in bourbon barrels * Bourbon biscuit, a chocolate sandwich biscuit * A beer produced by Bras ...

lands in Europe (1762), the duchy of

Tuscany Tuscany ( ; it, Toscana ) is a Regions of Italy, region in central Italy with an area of about and a population of about 3.8 million inhabitants. The regional capital is Florence (''Firenze''). Tuscany is known for its landscapes, history, art ...

(1768), and the duchy of

Parma Parma (; egl, Pärma, ) is a city in the northern Italian region of Emilia-Romagna known for its architecture, Giuseppe Verdi, music, art, prosciutto (ham), Parmigiano-Reggiano, cheese and surrounding countryside. With a population of 198,292 ...

(1769). The right of ''aubaine'' was abolished by the French Revolutionary Assembly. Reinstated in the Napoleonic Code of 1803,''Nationalité française (débat sur la)'', in J.-F. Sirinelli (ss dir.), Dictionnaire historique de la vie politique française
,

PUF PUF may refer to: *Physical unclonable function, in computer security, a physically-implemented secure identifier * The University Presses of France *Permanent University Fund, for Texas public universities *Pau Pyrénées Airport in France (IATA ...

, Paris, pp. 719-721 it was finally abolished in 1819 under the

Restoration Restoration is the act of restoring something to its original state and may refer to: * Conservation and restoration of cultural heritage ** Audio restoration ** Film restoration ** Image restoration ** Textile restoration * Restoration ecology ...

References

*{{1728, title=Aubaine , url=https://search.library.wisc.edu/digital/A4C5AV6Q7LZ5DY8E/full/A5WO3ER7RWFJLG9C Political history of the Ancien Régime Kingdom of France Law of France