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Case of Mines
1568 judgment in the United Kingdom / From Wikipedia, the free encyclopedia
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The Case of Mines or R v Earl of Northumberland was decided in 1568.
Case of Mines | |
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Court | Court of Exchequer Chamber |
Full case name | Regina v Earl of Northumberland |
Decided | 1568 |
Citations | (1568) 1 Plowden 310 75 ER 472. Pettus, Fodinae Regales |
Court membership | |
Judge sitting | panel of 12 judges |
Keywords | |
Mineral rights, gold, silver |
Rather than the usual four judges, a full panel of twelve common law senior judges, on appeal, decided “that by the law all mines of gold and silver within the realm, whether they be in the lands of the Queen, or of subjects, belong to the Queen by prerogative, with liberty to dig and carry away the ores thereof, and with other such incidents thereto as are necessary to be used for the getting of the ore.”
The decision was in the law of England and Wales and was later confirmed by courts to be applicable in the monarch's other realms and dominions. The royalties payable by custom to the UK government have been passed by British statute to the former dominions early in their recognition as dominions.