The law itself has already been set forth
It will readily be seen that in this case the alleged right of the Duke to the whale was a delegated one from the Sovereign. We must needs inquire then on what principle the Sovereign is originally invested with that right. The law itself has already been set forth. But Plowdon gives us the reason for it. Says Plowdon, the whale so caught belongs to the King and Queen, “because of its superior excellence.” And by the soundest commentators this has ever been held a cogent argument in such matters. But why should the King have the head, and the Queen the tail? A reason for that, ye lawyers!
Says Plowdon, the whale so caught belongs to the King and Queen, because of its superior excellence.
In his treatise on “Queen-Gold,” or Queen-pinmoney, an old King’s Bench author, one William Prynne, thus discourseth: “Ye tail is ye Queen’s, that ye Queen’s wardrobe may be supplied with ye whalebone.” Now this was written at a time when the black limber bone of the Greenland or Right whale was largely used in ladies’ bodices. But this same bone is not in the tail; it is in the head, which is a sad mistake for a sagacious lawyer like Prynne. But is the Queen a mermaid, to be presented with a tail? An allegorical meaning may lurk here. I thought to relieve my old bed-ridden mother by part of my share of this whale.