Case of Mines

Case of Mines
Court	Court of Exchequer Chamber
Full case name	Regina v Earl of Northumberland
Decided	1568
Citation(s)	(1568) 1 Plowden 310 75 ER 472. Pettus, Fodinae Regales
Court membership
Judge(s) sitting	panel of 12 judges
Keywords
Mineral rights, gold, silver

The Case of Mines or R v Earl of Northumberland was decided in 1568.

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.