Case of Mines
Encyclopedia
The Case of Mines or R v Earl of Northumberland was decided in 1568. Twelve judges decided authoritatively “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 Earl of Northumberland in 1568 was Thomas Percy, 7th Earl of Northumberland
. The Queen was Elizabeth I of England
.
Some copper miners found an admixture of gold in copper mined from lands belonging to the Earl of Northumberland. Due to concerns about revenue and the possibility of a renewed war with Spain, the Queen’s advisers were anxious to claim prerogative rights to the gold. A suit was brought in the Court of Exchequer Chamber and judgment was for the Queen founding the Crown
’s right to mine gold or silver.
The challenge by the Earl of Northumberland was on the ground that the work was within the Royalties granted to his family in a former reign. The case was decided in favour of the Queen, on the ground that the neglect of the Earl and his predecessors to work the minerals during seventy years 'had made that questionable which for ages was out of question'.
On 28 May 1568 two mining monopolies were created, the Company of Mineral and Battery Works
and the Society of Mines Royal
. The effects of the decision were limited by the Mines Royal Act
1690, which removed the monopoly of these two companies.
The case has remained the leading case in New Zealand law
on the royal prerogative to the royal metals of gold and silver. The case was also the authority on which the controversial Miner's Licence
s in Australia were introduced at the time of the Australian gold rushes
.
The Earl of Northumberland in 1568 was Thomas Percy, 7th Earl of Northumberland
Thomas Percy, 7th Earl of Northumberland
Blessed Thomas Percy, 7th Earl of Northumberland, 1st Baron Percy, KG , led the Rising of the North and was executed for treason. He was later beatified by the Catholic Church.-Early life:...
. The Queen was Elizabeth I of England
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
.
Some copper miners found an admixture of gold in copper mined from lands belonging to the Earl of Northumberland. Due to concerns about revenue and the possibility of a renewed war with Spain, the Queen’s advisers were anxious to claim prerogative rights to the gold. A suit was brought in the Court of Exchequer Chamber and judgment was for the Queen founding the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
’s right to mine gold or silver.
The challenge by the Earl of Northumberland was on the ground that the work was within the Royalties granted to his family in a former reign. The case was decided in favour of the Queen, on the ground that the neglect of the Earl and his predecessors to work the minerals during seventy years 'had made that questionable which for ages was out of question'.
On 28 May 1568 two mining monopolies were created, the Company of Mineral and Battery Works
Company of Mineral and Battery Works
The Company of Mineral and Battery Works was, , one of two mining monopolies created by Queen Elizabeth I of England in the mid-1560s. The Company's rights were based on a patent granted to William Humfrey on 17 September 1565. This was replaced on 28 May 1568 by a patent of incorporation, making...
and the Society of Mines Royal
Society of Mines Royal
The Society of Mines Royal was one of two mining monopoly companies incorporated by royal charter in 1568, the other being the Company of Mineral and Battery Works.-History:...
. The effects of the decision were limited by the Mines Royal Act
Mines Royal Act 1689
The Mines Royal Act 1689 was an act of the Parliament of England with the long title An Act to prevent Disputes and Controversies concerning Royal Mines. The act repealed the 1404 Act Against Multipliers The Mines Royal Act 1689 was an act of the Parliament of England (1 Will. & Mar. sess. 1 c....
1690, which removed the monopoly of these two companies.
The case has remained the leading case in New Zealand law
New Zealand constitution
The constitution of New Zealand consists of a collection of statutes , Treaties, Orders in Council, letters patent, decisions of the Courts and unwritten constitutional conventions...
on the royal prerogative to the royal metals of gold and silver. The case was also the authority on which the controversial Miner's Licence
Miner's Licence
The Miner's Licence was the colonial government's response to the Australian gold rushes and the need to provide infrastructure including policing. The Governor of New South Wales, Sir Charles Fitzroy invoked a sixteenth-century lawsuit, R v Earl of Northfartland which was decided in 1568, to...
s in Australia were introduced at the time of the Australian gold rushes
Australian gold rushes
The Australian gold rush started in 1851 when prospector Edward Hammond Hargraves claimed the discovery of payable gold near Bathurst, New South Wales, at a site Edward Hargraves called Ophir.Eight months later, gold was found in Victoria...
.