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.
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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.