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, âbecause of its superior excellence.â 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 âQueen-Gold,â or Queen-pinmoney, an old Kingâs Bench author, one William Prynne, thus discourseth: âYe tail is ye Queenâs, that ye Queenâs wardrobe may be supplied with ye whalebone.â Now this was written at a time when the black limber bone of the Greenland or Right whale was largely used in ladiesâ 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.