Original Story：
“De balena vero sufficit, si rex habeat caput, et regina caudam.” BRACTON, L. 3, C. 3.
Latin from the books of the Laws of England, which taken along with the context, means, that of all whales captured by anybody on the coast of that land, the King, as Honorary Grand Harpooneer, must have the head, and the Queen be respectfully presented with the tail. A division which, in the whale, is much like halving an apple; there is no intermediate remainder. Now as this law, under a modified form, is to this day in force in England; and as it offers in various respects a strange anomaly touching the general law of Fast- and Loose-Fish, it is here treated of in a separate chapter, on the same courteous principle that prompts the English railways to be at the expense of a separate car, specially reserved for the accommodation of royalty. In the first place, in curious proof of the fact that the above-mentioned law is still in force, I proceed to lay before you a circumstance-that happened within the last two years.
It seems that some honest mariners of Dover, or Sandwich, or some one of the Cinque Ports, had after a hard chase succeeded in killing and beaching a fine whale which they had originally descried afar off from the shore. Now the Cinque Ports are partially or somehow under the jurisdiction of a sort of policeman or beadle, called a Lord Warden. Holding the office directly from the crown, I believe, all the royal emoluments incident to the Cinque Port territories become by assignment his. By some writers this office is called a sinecure. But not so. Because the Lord Warden is busily employed at times in fobbing his perquisites; which are his chiefly by virtue of that same fobbing of them.
Now when these poor sun-burnt mariners, bare-footed, and with their trowsers rolled high up on their eely legs, had wearily hauled their fat fish high and dry, promising themselves a good L150 from the precious oil and bone; and in fantasy sipping rare tea with their wives, and good ale with their cronies, upon the strength of their respective shares; up steps a very learned and most Christian and charitable gentleman, with a copy of Blackstone under his arm; and laying it upon the whale’s head, he says- “Hands off! this fish, my masters, is a Fast-Fish. I seize it as the Lord Warden’s.” Upon this the poor mariners in their respectful consternation- so truly English- knowing not what to say, fall to vigorously scratching their heads all round; meanwhile ruefully glancing from the whale to the stranger. But that did in nowise mend the matter, or at all soften the hard heart of the learned gentleman with the copy of Blackstone. At length one of them, after long scratching about for his ideas, made bold to speak,
“Please, sir, who is the Lord Warden?”
“The Duke.”
“But the duke had nothing to do with taking this fish?”
“It is his.”
“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 regarded, may possibly be humorously grounded upon some presumed congeniality. And thus there seems a reason in all things, even in law.
Expansion and Analysis
Summary and Explanation
This story presents an ancient English legal tradition regarding the division of a whale caught off the coast. According to a Latin law cited from the Laws of England, the King is entitled to the whale's head, while the Queen receives the tail. This division is described as clean and complete, much like slicing an apple in half, leaving no remainder. The law, though centuries old, remains in effect in a modified form even today.
The narrative recounts a recent event where fishermen from the Cinque Ports—historic maritime towns in England—caught a whale and expected to profit from it. However, a representative of the Lord Warden, an official appointed by the Crown, claimed the whale under this ancient law, declaring it a "Fast-Fish" (a fish legally owned by the person who first caught it but subject to royal claims). Despite the fishermen’s protests and hardships, the whale was seized and sold, with the proceeds going to the Duke of Wellington, the Lord Warden at the time.
The story also explores the symbolic reasons behind the division of the whale's parts. The King’s right to the head and the Queen’s to the tail might have practical origins—such as the use of whale bone in the Queen’s wardrobe—but some details, like the actual location of the bone, suggest a more allegorical or traditional basis. The story ends by noting that the whale and the sturgeon are considered "royal fish," subject to special laws and royal revenues.
Historical and Cultural Context
This story is rooted in English maritime law and royal prerogatives, reflecting the complex relationship between common people, local authorities, and the Crown. The Cinque Ports were historically important for defense and trade, and the Lord Warden was a significant figure with both administrative and ceremonial roles.
The whale law illustrates how royal privileges could sometimes override the efforts of ordinary citizens, highlighting tensions between authority and fairness. The anecdote about the Duke of Wellington’s refusal to compensate the fishermen adds a human and political dimension, showing how laws can impact real lives.
The reference to William Prynne and the use of whale bone in women’s fashion connects the legal tradition to social history, showing how material culture influenced legal customs.
Author and Creation Background
The original text is a historical and legal commentary rather than a fictional story, likely written by an English legal scholar or historian interested in curious laws and customs. The style combines legal explanation with storytelling, making it accessible and engaging.
The author’s aim is to preserve and explain an unusual legal tradition, illustrating how law, history, and society intertwine. By recounting a recent event, the author shows that these ancient laws are not just relics but living parts of English legal culture.
Reflection and Insights
This story invites readers to think about justice, authority, and tradition. It raises questions about the fairness of laws that benefit the powerful at the expense of ordinary people. It also shows how customs evolve and how symbolic meanings can be embedded in legal rules.
For children and students, the story is a fascinating example of how history and law affect daily life. It encourages curiosity about the origins of laws and respect for historical traditions, while also promoting critical thinking about fairness and rights.
Learning Points for Children and Students
Knowledge and Skills
- Understanding Historical Laws: Learn about ancient laws and their relevance today.
- Legal Vocabulary: Terms like Fast-Fish, Lord Warden, emoluments, and delegated rights.
- Symbolism in Law: How legal rules can have symbolic or practical reasons.
- Critical Thinking: Analyzing fairness and authority in legal systems.
- Cultural History: The role of whales and sturgeons in English royal customs.
Practical Applications
- Respect for Rules: Understanding why rules exist and how they affect people differently.
- Historical Research: How to investigate laws and customs from the past.
- Debate and Discussion: Encouraging students to discuss fairness and authority.
- Vocabulary Building: Using new legal and historical terms in writing and speech.
Life and Study Insights
- Fairness and Authority: Recognizing when rules might favor some groups unfairly.
- Civic Awareness: Understanding roles of officials and government in daily life.
- Cultural Appreciation: Seeing how traditions shape modern society.
- Problem Solving: Thinking about how to resolve conflicts between law and fairness.
Reading Comprehension Questions
- What does the Latin phrase “De balena vero sufficit, si rex habeat caput, et regina caudam” mean?
- Who claimed the whale caught by the fishermen, and on what basis?
- What was the reaction of the fishermen when their catch was seized?
- Why does the King receive the whale’s head and the Queen the tail according to the story?
- What does the story tell us about the relationship between the Crown and ordinary people?
- What are the two “royal fish” mentioned in the story?
- How does the story illustrate the concept of “Fast-Fish”?
- What lesson can children learn from this story about laws and fairness?
Answers
- It means that the King must have the whale’s head, and the Queen must be given the tail when a whale is caught on the English coast.
- The Lord Warden, representing the Crown (specifically the Duke of Wellington), claimed the whale based on an ancient law that grants the King and Queen rights to parts of the whale.
- The fishermen were confused, upset, and protested because they had worked hard to catch the whale but were denied their share.
- The King receives the head and the Queen the tail because of tradition and symbolic reasons, including the use of whale bone for the Queen’s wardrobe.
- The story shows that the Crown had legal privileges that could override the rights of common people, sometimes causing hardship for them.
- The whale and the sturgeon are considered royal fish under English law.
- A “Fast-Fish” is a fish that is legally owned by the person who first catches it but can be claimed by the Crown under certain laws.
- Children can learn that laws have history and meaning but should also be examined for fairness and justice.
This expanded article not only explains the original story but also provides educational insights and exercises suitable for children and students, helping them connect historical legal traditions with broader themes of fairness, authority, and cultural heritage.
