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 resul ...

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 an ...

(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, and are descended from other, earlier acipenseriform fish, which date back to the Early ...

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 ...

of the

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

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 t ...

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 ...

'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 volu ...

'', 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 narwhal ...

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. 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". In ''

Moby-Dick ''Moby-Dick; or, The Whale'' is an 1851 novel by American writer Herman Melville. The book is the sailor Ishmael's narrative of the obsessive quest of Ahab, captain of the whaling ship '' Pequod'', for revenge against Moby Dick, the giant wh ...

'', Herman Melville 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 presbyt ...

, 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 an ...

, 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 ...

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 her death in 2022. She was queen regnant of 32 sovereign states during ...

, 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 Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

, 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, 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 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 ( ...

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 (

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''), me ...

) 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 Dub ...

. 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