Under the

law of the United Kingdom The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...

whales 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 ...

(mammal) and

sturgeon Sturgeon is the common name for the 27 species of fish belonging to the family Acipenseridae. The earliest sturgeon fossils date to the Late Cretaceous The Late Cretaceous (100.5–66 Ma) is the younger of two epochs into which the Cretace ...

s are royal fish, and when taken become the

personal property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...

of the

monarch of the United Kingdom The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional monarchy, constitutional form of government by which a hereditary monarchy, hereditary sovereign reigns as the head of state of the United ...

as part of his or her

royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...

In England and Wales

According to

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...

's ''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volume ...

'', the "superior excellence" of whale and sturgeon made them uniquely suited for the monarch's use. Sir Matthew Hale added

porpoise Porpoises are a group of fully aquatic marine mammals, all of which are classified under the family Phocoenidae, parvorder Odontoceti (toothed whales). Although similar in appearance to dolphins, they are more closely related to narwhals an ...

as one of the royal fish. 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 ) , 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 ...

and the

dukes of Normandy In the Middle Ages, the duke of Normandy was the ruler of the Duchy of Normandy in north-western France. The duchy arose out of a grant of land to the Viking leader Rollo by the French king Charles III in 911. In 924 and again in 933, Normandy ...

enjoyed a similar prerogative. The monarch's right to royal fish was recognized by a statute enacted during the reign of

Edward II Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to t ...

. According to

Henry de Bracton Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus ...

, ''de balena vero sufficit ... si rex habeat caput, et regina caudam'': "the king owns the head of the whale, the queen owns the tail". In ''

Moby-Dick ''Moby-Dick; or, The Whale'' is an 1851 novel by American writer Herman Melville. The book is the sailor Ishmael (Moby-Dick), Ishmael's narrative of the obsessive quest of Captain Ahab, Ahab, captain of the whaler, whaling ship ''Pequod (Moby- ...

'',

Herman Melville Herman Melville (Name change, born Melvill; August 1, 1819 – September 28, 1891) was an American people, American novelist, short story writer, and poet of the American Renaissance (literature), American Renaissance period. Among his bes ...

quoted the speculations of jurist

William Prynne William Prynne (1600 – 24 October 1669), an English lawyer, voluble author, polemicist and political figure, was a prominent Puritan opponent of church policy under William Laud, Archbishop of Canterbury (1633–1645). His views were presbyter ...

, that the queen received the tail, in order to be supplied with whalebone for her

corset A corset is a support garment commonly worn to hold and train the torso into a desired shape, traditionally a smaller waist or larger bottom, for aesthetic or medical purposes (either for the duration of wearing it or with a more lasting effe ...

s and stays (although as Melville points out, "whalebone" is in fact

baleen Baleen is a filter-feeding system inside the mouths of baleen whales. To use baleen, the whale first opens its mouth underwater to take in water. The whale then pushes the water out, and animals such as krill are filtered by the baleen and ...

, from the ''mouths'' of certain whales). Under current law, the

Receiver of Wreck The Receiver of Wreck is an official who administers law dealing with maritime wrecks and salvage in some countries having a British administrative heritage. In the United Kingdom, the Receiver of Wreck is also appointed to retain the possession o ...

is the official appointed to take possession of royal fish when they arrive on

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

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 Swansea Bay ( cy, Bae Abertawe) is a bay on the southern coast of Wales. The River Neath, River Tawe, River Afan, River Kenfig and Clyne River flow into the bay. Swansea Bay and the upper reaches of the Bristol Channel experience a large tidal ...

in 2004. After informing of the sturgeon to

Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. She was queen ...

, the fisherman, a man named Robert Davies, received notice that he could use the 264lb catch 'as he saw fit'.

In Scotland

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...

, 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 long. Authority to collect them on behalf of the monarch is given to the Scottish Government through the

Marine Scotland The Marine Scotland Directorate ( gd, Cùisean Mara na h-Alba) is a directorate of the Scottish Government. Marine Scotland manages Scotland's seas and freshwater fisheries along with delivery partners NatureScot and the Scottish Environmen ...

directorate.

In Ireland

In Ireland the

English Crown This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself King of the Anglo-Sax ...

, which held the

Lordship of Ireland The Lordship of Ireland ( ga, Tiarnas na hÉireann), sometimes referred to retroactively as Norman Ireland, was the part of Ireland ruled by the King of England (styled as "Lord of Ireland") and controlled by loyal Anglo-Norman lords between ...

, also claimed the prerogative of taking royal fish, which extended to

porpoises Porpoises are a group of fully aquatic marine mammals, all of which are classified under the family Phocoenidae, parvorder Odontoceti (toothed whales). Although similar in appearance to dolphins, they are more closely related to narwhals an ...

and

dolphin A dolphin is an aquatic mammal within the infraorder Cetacea. Dolphin species belong to the families Delphinidae (the oceanic dolphins), Platanistidae (the Indian river dolphins), Iniidae (the New World river dolphins), Pontoporiidae (the ...

s. There is a record of a dispute between the Crown and

Christopher St Lawrence, 2nd Baron Howth Christopher St Lawrence, 2nd Baron Howth ( died 1462 or 1465 ) 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 about 1440 over the ownership of an exceptionally large

grampus Grampus may refer to: Animals *''Grampus'', the genus and another name for Risso's dolphin, ''Grampus griseus'' *A synonym of the genus ''Orcinus'' *Another name for ''Orcinus orca'', the killer whale or orca *Another name for the hellbender, a sp ...

(

Risso's dolphin Risso's dolphin (''Grampus griseus'') is a dolphin, the only species of the genus ''Grampus''. Some of the closest related species to these dolphins include: pilot whales (''Globicephala'' spp.), pygmy killer whales (''Feresa attenuata''), melon ...

) which had been stranded on Howth peninsula in

Dublin Bay Dublin Bay ( ga, Cuan Bhaile Átha Cliath) is a C-shaped inlet of the Irish Sea on the east coast of Ireland. The bay is about 10 kilometres wide along its north–south base, and 7 km in length to its apex at the centre of the city of Du ...

. 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

found on the peninsula.Ball, F. Elrington ''History of Dublin'' Vol.5 1917:Alexander Thom and Co. Dublin p.49

References

External links

* {{Cite NIE, wstitle=Fish, Royal, short=x Law of the United Kingdom Fisheries law Legal history of the United Kingdom Royalty in the United Kingdom Royal prerogative

In England and Wales

In Scotland

In Ireland

See also

References

External links