Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
the more effectually preserving ships of any nation in distress[r].
[Footnote p: Stiernh. _de jure Sueon._ _l._ 3. _c._ 5.]
[Footnote q: F.N.B. 112.]
[Footnote r: By the civil law, to destroy persons shipwrecked, or
prevent their saving the ship, is capital. And to steal even a plank
from a vessel in distress, or wrecked, makes the party liable to
answer for the whole ship and cargo. (_Ff._ 47. 9. 3.) The laws also
of the Wisigoths, and the most early Neapolitan constitutions,
punished with the utmost severity all those who neglected to assist
any ship in distress, or plundered any goods cast on shore.
(Lindenbrog. _Cod. LL. antiq._ 146. 715.)]
XII. A TWELFTH branch of the royal revenue, the right to mines, has
it's original from the king's prerogative of coinage, in order to
supply him with materials: and therefore those mines, which are
properly royal, and to which the king is entitled when found, are only
those of silver and gold[s]. By the old common law, if gold or silver
be found in mines of base metal, according to the opinion of some the
whole was a royal mine, and belonged to the king; though others held
that it only did so, if the quantity of gold or silver was of greater
value than the quantity of base metal[t]. But now by the statutes 1 W.
& M. st. 1. c. 30. and 5 W. & M. c. 6. this difference is made
immaterial; it being enacted, that no mines of copper, tin, iron, or
lead, shall be looked upon as royal mines, notwithstanding gold or
silver may be extracted from them in any quantities: but that the
king, or persons claiming royal mines under his authority, may have
the ore, (other than tin-ore in the counties of Devon and Cornwall)
paying for the same a price stated in the act. This was an extremely
reasonable law: for now private owners are not discouraged from
working mines, through a fear that they may be claimed as royal ones;
neither does the king depart from the just rights of his revenue,
since he may have all the precious metal contained in the ore, paying
no more for it than the value of the base metal which it is supposed
to be; to which base metal the land-owner is by reason and law
entitled.
[Footnote s: 2 Inst. 577.]
[Footnote t: Plowd. 566.]
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