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DOctor and Student, fol. 177. The King is bound by old custome of the Realme, as Lord of the narrow Seas, to scowre the Sea from Sea Pirats, Britton 84.
The Sea is common, and also right to fish in the Sea.
8. Ed. 4. fol. 10. It is saide there, that every one may fish in the Sea by common right; and by Choke, if the Wa∣ter ebb and flow upon my Land, every one may fish there
Fitzh. 113. a. The King may see that Rivers and
Sewers of the Sea be defended, and for that may award a Commission by common Law, and so may of Bridges and Waies.
Fitzh. 93. g. Action upon the case lieth against a Neighbour, which hath Lands between him and the Sea, which doth not make his Bankes, or scowre his Ditches, by which his Land is drowned.
19. Book Assise. It was found by Commission that the River of Lee which runneth from Ware to Waltham and so to London, is the high Stream of the King. Quere.
22. Ed. 3. fol. 22. If Water run betwixt two, and by little doth diminish the Soile of the one, and doth increase the other, if there be not bounds fixt, if this increasing had been so little that one could not perceive it, but if it be by hastie increase, there the other by this shall not loose his Soile unless the River be an arme of the Sea.
And note that every Water which flowes and ebbs is an arme of the Sea, so long as it floweth and ebbeth, 22. Ass. 93.
4. Ed. 4. fol. 29. Trespass of fishing in his severall fishing, the Defendant prescribes to have common of fishing there, and may prescribe to have that appendent to Land as well as common appendent.
4. Ed. 3. Title Trespass, 222. Trespass in his free fishing, this is intended to be in anothers Soil.
34. Of the booke of Assise 11▪ Assise of common fishing in Tyse, from such a place to such a place, and makes Title in his plaint, for that it was profit to take in another Soile, and sheweth that one had fishing, belonging appurtenent to his Mannor, and by deed granted that to him.
43. H. 3. title 441. Br. Assise, Assise of free-hold and Plaint of a fishing, and good.
7. H. 7. fol. 13. Trespass in his severall fishing, the De∣fendant prescribes that the Abbot was seised of a Mannor, and prescribeth to have free fishing from such a place, By Wood. A man may have free fishing in anothers wa∣ter, but not severall.
17. Ed. 4. fol. 6. Why by force and armes he fished in his severall fishing, the Defendant pleads that the place where, &c. is his Free-hold, and by Choke it is no Plea but an Argument, contrary by Brian, for a severall fishing is in his own Soile by him, and free fishing is in
anothers Soile, which Littleton, granted 18. Ed. 4. fol. 5. It was adjudged a good Plea by the whole Court, 18. H. 6.29.
20. H. 6. fol. 4. Trespass for fishing in his severall fish∣ing, the Defendant saith that the Soile covered with water is his Freefold, and is held a good Plea to the A∣ction, 22. Ed. 4. Title 116. Barr, F.
18. Ed. 5. fol. 4. A man shall not have an Assise only of water without Land, so if he saith, that the place is only covered with water which is his free-hold, it is a good Plea in trespass.
7. H. 4. fol. 9. Action upon the case lieth, for that the Defendant ought to repaire a wall of the Thames, and doth not, by which his Land is drowned, 7. H. 4. fol. 32.
Magna charta, chap. 23. All Kedels shall be put down from henceforth almost throughout all England, unlesse upon the Sea Coasts.
There are but two Writs in the Register for fishing, that is to say, In a severall fishing, and in a free fishing, see the Register in, 34.95.103.