Chapter 90 - Page 2

"We have been at great trouble, and peril, and some expense, and is all that to go to the Duke's benefit; we getting nothing at all for our pains but our blisters?"

"It is his."

"Is the Duke so very poor as to be forced to this desperate mode of getting a livelihood?"

"It is his."

"I thought to relieve my old bed-ridden mother by part of my share of this whale."

"It is his."

"Won't the Duke be content with a quarter or a half?"

"It is his."

In a word, the whale was seized and sold, and his Grace the Duke of Wellington received the money. Thinking that viewed in some particular lights, the case might by a bare possibility in some small degree be deemed, under the circumstances, a rather hard one, ali honest clergyman of the town respectfully addressed a note to his Grace, begging him to take the case of those unfortunate mariners into full consideration. To which my Lord Duke in substance replied (both letters were published) that he had already done so, and received the money, and would be obliged to the reverend gentleman if for the future he (the reverend gentleman) would decline meddling with other people's business. Is this the still militant old man, standing at the corners of the three kingdoms, on all hands coercing alms of beggars?

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!

In his treatise on "Queen-Gold," or Queen-pin-money, 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.

There are two royal fish so styled by the English law writers- the whale and the sturgeon; both royal property under certain limitations, and nominally supplying the tenth branch of the crown's ordinary revenue. I know not that any other author has hinted of the matter; but by inference it seems to me that the sturgeon must be divided in the same way as the whale, the King receiving the highly dense and elastic head peculiar to that fish, which, symbolically