Royal fish

Last updated

Under the law of the United Kingdom, whales (mammal) and sturgeons are royal fish, and when taken become the personal property of the monarch of the United Kingdom as part of his or her royal prerogative.

Contents

In England and Wales

According to William Blackstone's Commentaries on the Laws of England , the "superior excellence" of whale and sturgeon made them uniquely suited for the monarch's use. [1] Sir Matthew Hale added porpoise as one of the royal fish. [2] Near the English coast they belong to the monarch immediately upon being caught, while ownership is also transferred to the monarch when a catch from any location is cast up on the shores. The kings of Denmark and the dukes of Normandy enjoyed a similar prerogative.

The monarch's right to royal fish was recognized by a statute enacted in 1324, during the reign of Edward II, that applied to whales and sturgeon. [3] [4] According to Henry de Bracton, de balena vero sufficit ... si rex habeat caput, et regina caudam: "the king owns the head of the whale, the queen owns the tail". [5] In Moby-Dick , Herman Melville quoted the speculations of jurist William Prynne, that the queen received the tail, in order to be supplied with whalebone for her corsets and stays [6] (although as Melville points out, "whalebone" is in fact baleen, from the mouths of certain whales).

Under current law, the Receiver of Wreck is the official appointed to take possession of royal fish when they arrive on English shores. The law of royal fish continues to excite some notice and occasional use, as evidenced when a fisherman caught and sold a sturgeon in Swansea Bay in 2004. [7] After informing of the sturgeon to Queen Elizabeth II, the fisherman, a man named Robert Davies, received notice that he could use the 264lb catch 'as he saw fit'.

In Scotland

In Scotland, the monarch's property right inheres in those whales too large to be pulled to land by a "wain pulled by six oxen"; in practice, this is interpreted as requiring the whales to be over 25 feet (7.6 m) long. [8] Authority to collect them on behalf of the monarch is given to the Scottish Government through the Marine Scotland directorate.

In Ireland

In Ireland the English Crown, which held the Lordship of Ireland, also claimed the prerogative of taking royal fish, which extended to porpoises and dolphins. There is a record of a dispute between the Crown and Christopher St Lawrence, 2nd Baron Howth in about 1440 over the ownership of an exceptionally large grampus (Risso's dolphin) which had been stranded on Howth peninsula in Dublin Bay. The Crown claimed it as a royal fish, while Lord Howth claimed it on foot of the immemorial right of his family to take possession of every grampus and porpoise found on the peninsula. [9]

See also

Related Research Articles

<span class="mw-page-title-main">Cetacea</span> Infraorder of mammals

Cetacea is an infraorder of aquatic mammals belonging to the order Artiodactyla that includes whales, dolphins and porpoises. Key characteristics are their fully aquatic lifestyle, streamlined body shape, often large size and exclusively carnivorous diet. They propel themselves through the water with powerful up-and-down movement of their tail which ends in a paddle-like fluke, using their flipper-shaped forelimbs to maneuver.

<i>Moby-Dick</i> 1851 novel by American writer Herman Melville

Moby-Dick; or, The Whale is an 1851 epic novel by American writer Herman Melville. The book is centered on the sailor Ishmael's narrative of the maniacal quest of Ahab, captain of the whaling ship Pequod, for vengeance against Moby Dick, the giant white sperm whale that bit off his leg on the ship's previous voyage. A contribution to the literature of the American Renaissance, Moby-Dick was published to mixed reviews, was a commercial failure, and was out of print at the time of the author's death in 1891. Its reputation as a Great American Novel was established only in the 20th century, after the 1919 centennial of its author's birth. William Faulkner said he wished he had written the book himself, and D. H. Lawrence called it "one of the strangest and most wonderful books in the world" and "the greatest book of the sea ever written". Its opening sentence, "Call me Ishmael", is among world literature's most famous.

<span class="mw-page-title-main">Whale</span> Informal group of large marine mammals

Whales are a widely distributed and diverse group of fully aquatic placental marine mammals. As an informal and colloquial grouping, they correspond to large members of the infraorder Cetacea, i.e. all cetaceans apart from dolphins and porpoises. Dolphins and porpoises may be considered whales from a formal, cladistic perspective. Whales, dolphins and porpoises belong to the order Cetartiodactyla, which consists of even-toed ungulates. Their closest non-cetacean living relatives are the hippopotamuses, from which they and other cetaceans diverged about 54 million years ago. The two parvorders of whales, baleen whales (Mysticeti) and toothed whales (Odontoceti), are thought to have had their last common ancestor around 34 million years ago. Mysticetes include four extant (living) families: Balaenopteridae, Balaenidae, Cetotheriidae, and Eschrichtiidae. Odontocetes include the Monodontidae, Physeteridae, Kogiidae, and Ziphiidae, as well as the six families of dolphins and porpoises which are not considered whales in the informal sense.

<span class="mw-page-title-main">Porpoise</span> Small cetacean of the family Phocoenidae

Porpoises are small dolphin-like cetaceans classified under the family Phocoenidae. Although similar in appearance to dolphins, they are more closely related to narwhals and belugas than to the true dolphins. There are eight extant species of porpoise, all among the smallest of the toothed whales. Porpoises are distinguished from dolphins by their flattened, spade-shaped teeth distinct from the conical teeth of dolphins, and lack of a pronounced beak, although some dolphins also lack a pronounced beak. Porpoises, and other cetaceans, belong to the clade Cetartiodactyla with even-toed ungulates.

<span class="mw-page-title-main">Coat of arms of the United Kingdom</span>

The coat of arms of the United Kingdom, also referred to as the royal arms, are the arms of dominion of the British monarch, currently Charles III. They are used by the Government of the United Kingdom and by other Crown institutions, including courts in the United Kingdom and in some parts of the Commonwealth. Differenced versions of the arms are used by members of the British royal family. The monarch's official flag, the Royal Standard, is the coat of arms in flag form.

<span class="mw-page-title-main">Risso's dolphin</span> Species of marine mammal

Risso's dolphin is a marine mammal and dolphin, the only species of the genus Grampus. Some of the most closely related species to these dolphins include: pilot whales, pygmy killer whales, melon-headed whales, and false killer whales. These dolphins grow to be about 10 ft in length and can be identified by heavy scarring that appears white. They are located worldwide in cold to temperate waters, but most typically found along continental shelves due to their eating habits. Risso's dolphins have a diet that contains primarily cephalopods. They are able to search for prey at various depths due to their ability to reach depths of almost 600m. Individuals typically travel in pods ranging anywhere from 10 to 50 dolphins, with which they form tight social bonds.

<span class="mw-page-title-main">False killer whale</span> Species of oceanic dolphin in the genus Pseudorca

The false killer whale is a species of oceanic dolphin that is the only extant representative of the genus Pseudorca. It is found in oceans worldwide but mainly in tropical regions. It was first described in 1846 as a species of porpoise based on a skull, which was revised when the first carcasses were observed in 1861. The name "false killer whale" comes from having a skull similar to the orca, or killer whale.

<span class="mw-page-title-main">Cetology</span> The study of whales, dolphins, porpoises, and other cetaceans

Cetology or whalelore is the branch of marine mammal science that studies the approximately eighty species of whales, dolphins, and porpoises in the scientific order Cetacea. Cetologists, or those who practice cetology, seek to understand and explain cetacean evolution, distribution, morphology, behavior, community dynamics, and other topics.

The cetology in Herman Melville's 1851 novel, Moby-Dick, is a running theme that appears most importantly in Ishmael's zoological classification of whales, in Chapter 32, "Cetology". The purpose of that chapter, the narrator says, is "to attend to a matter almost indispensable to a thorough appreciative understanding of the more special leviathanic revelations and allusions of all sorts which are to follow." Further descriptions of whales and their anatomy occur in seventeen other chapters, including "The Sperm Whale's Head -- Contrasted View" and "The Right Whale's Head -- Contrasted View".

Whale oil is oil obtained from the blubber of whales. Oil from the bowhead whale was sometimes known as train-oil, which comes from the Dutch word traan.

A droit is a legal title, claim or due.

<span class="mw-page-title-main">Crown of Ireland Act 1542</span> United Kingdom legislation

The Crown of Ireland Act 1542 is an Act that was passed by the Parliament of Ireland on 18 June 1542, which created the title of "King of Ireland" for monarchs of England and their successors; previous monarchs had ruled Ireland as Lords of Ireland. The first monarch to hold the title was King Henry VIII of England.

In the UK and certain other Commonwealth countries, King's Consent is a parliamentary convention under which Crown consent is sought whenever a proposed parliamentary bill will affect the Crown's own prerogatives or interests. Prince's Consent is a similar doctrine, under which consent of the Prince of Wales must be obtained for matters relating to the Duchy of Cornwall. King's or Prince's Consent must be obtained early in the legislative process, generally before parliament may debate or vote on a bill. In modern times, following the tenets of constitutional monarchy, consent is granted or withheld as advised by government.

<span class="mw-page-title-main">Royal prerogative in the United Kingdom</span> Privileges and immunities of the British monarch

The royal prerogative is a body of customary authority, privilege, and immunity attached to the British monarch, recognised in the United Kingdom. The monarch is regarded internally as the absolute authority, or "sole prerogative", and the source of many of the executive powers of the British government.

Christopher St Lawrence, 2nd Baron Howth was an Anglo-Irish nobleman. He was a key figure in fifteenth-century Irish politics, and one of the strongest supporters in Ireland of the House of York, who seized the English Crown in 1461. His tomb can still be seen in the family chapel in St. Mary's Church, Howth.

<span class="mw-page-title-main">Wild Creatures and Forest Laws Act 1971</span> United Kingdom legislation

The Wild Creatures and Forest Laws Act 1971 is an act of the Parliament of the United Kingdom. The act implemented recommendations contained in the second report on statute law revision, by the Law Commission.

Father Mapple is a fictional character in Herman Melville's novel Moby-Dick (1851). A former whaler, he has become a preacher in the New Bedford Whaleman's Chapel. Ishmael, the narrator of the novel, hears Mapple's sermon on the subject of Jonah, who was swallowed by a whale but did not turn against God.

Crown Estate Scotland is the self-financing public corporation of the Scottish Government responsible for the management of land and property in Scotland owned by the monarch 'in right of the Crown'. It was separated from the Crown Estate of the United Kingdom under the Scotland Act 2016. It is responsible for a range of rural, coastal, urban and marine assets across Scotland. The monarch remains the legal owner of these assets, but they do not form the private property of the monarch, and cannot be sold by the monarch. The primary purpose of Crown Estate Scotland is to invest in property, natural resources, and places to create lasting value for the people of Scotland. Surplus revenue does not belong to the monarch, but is paid to the Scottish Consolidated Fund which in turn helps finance the Scottish Government.

"Fast-Fish and Loose-Fish" is chapter 89 of Herman Melville's 1851 novel Moby-Dick, in which Ishmael, the book's narrator, explains the concept of "Fast-Fish" and "Loose-Fish." If a whale, whether dead or not, is marked by a ship's crew with anything to claim it, such as a harpoon or rope, it is a "fast-fish", that is, it must be left alone by other whalers; if it is not so marked, it is a "loose-fish", which can be claimed by any ship that finds it. The clarity of this doctrine, Ishmael says, prevents disputes from escalating into violence. He describes court cases dealing with disputes between crews of whaling ships, and then extends the concept to society and politics, questioning the concept of ownership and the right to possession.

References

  1. William Blackstone, Commentaries on the Laws of England , book I, ch. 8 "Of the King's Revenue", ss. X, p. *280
  2. Hale De Jure Maris c.7
  3. Cooper, Margaret (2012). An Introduction to Animal Law. Elsevier. p. 13. ISBN   9780080984391 . Retrieved 12 September 2024.
  4. Prerogativa Regis ( temp. incert. )
  5. Bracton, De Legibus et Consuetudinibus Angliæ , book 3. c. 3
  6. Herman Melville, Moby-Dick , ch. XC.
  7. BBC News, Police inquiry over sturgeon sale, June 3, 2004, accessed Oct. 26, 2007.
  8. Royal Fish: Guidance in Dealing with Stranded Royal Fish
  9. Ball, F. Elrington History of Dublin Vol.5 1917:Alexander Thom and Co. Dublin p.49