Case of Mines

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.

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.

[1] This illustrates that in theory all gold and silver belongs to the queen, and that most authorities to extract minerals granted have a "use it, or lose it" component.

[2] The case was also the authority on which the controversial Miner's Licences in Australia were introduced at the time of the Australian gold rushes.