In old French customs, aubaine was the act of inheriting goods from a stranger who died in a country where he was not naturalized. The word is formed from aubain, a foreigner, which Gilles Ménage derived further from the Latin alibi natus; Jacques Cujas derived from advena; and du Cange from albanus, a Scot or Irishman, by the reason that these were anciently frequent travelers living abroad.

Aubaine was a right formerly possessed by the King of France, 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, Savoyards, Scots, and Portuguese were also exempted from aubaine, as being reputed natives and regnicoles.

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