of clergy. Laſtly, by the ſtatute 26 Geo. II. c. 19. plundering any veſſel either in diſtreſs, or wrecked, and whether any living creature be on board or not, (for, whether wreck or otherwiſe, it is clearly not the property of the populace) ſuch plundering, I ſay, or preventing the eſcape of any perſon that endeavors to ſave his life, or wounding him with intent to deſtroy him, or putting out falſe lights in order to bring any veſſel into danger, are all declared to be capital felonies; in like manner as the deſtroying trees, ſteeples, or other ſtated ſeamarks, is puniſhed by the ſtatute 8 Eliz, c. 13. with a forfeiture of 100𝑙. or outlawry. Moreover, by the ſtatute of George II, pilfering any goods caſt aſhore is declared to be petty larceny; and many other ſalutary regulations are made, for the more effectually preſerving ſhips of any nation in diſtreſs[1].
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[2]. 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 bafe metal[3]. 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
- ↑ 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. antiqu. 146. 715.)
- ↑ 2 Inſt. 577.
- ↑ Plowd. 366.
