Jurisdictions, Part 32 – Part 33
Waters.
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 Water 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 Defendant 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 water, 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 fiſhing, the Defendant ſaith that the Soile covered with water is his Freefold, and is held a good Plea to the Action, 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.
Petty Treaſon is the firſt branch in the Charge, and for that ſomthing is to be remembred, which I finde in our bookes touching theſe Treaſons.
IF Coiners of the Towre make Money of falſe Mettall, or leſſe in weight by halfe, it is Treaſon, and he which uttereth it knowing, is a Traitor, 3. H. 7. fol. 10.
Where a Servant killeth his Miſtris or traiterouſly ſlew her, he ſhall be drawn and hanged, and yet the Statute is, where the Servant kills the Maſter, for it ought to be as well to one as the other, 19. H. 6.47.
A Woman of the age of thirteen yeares was burnt, for that that ſhe kild her Miſtris, which proves that this is Treaſon, for otherwiſe ſhe ſhould have been hanged, 12. booke of Aſſiſes 30.
A Woman ſhall be burnt for Treaſon, as for killing her husband, and hanged for Felony, Britton, fol. 16. 1. R. 3. fol. 4.
Sorcerers attaint ſhall be burnt, Britton, fol. 16.
Counterfeiting the Kings Seal, or Money, was petty Treaſon, and Charter of pardon in all Felonies would ſerve in petty Treaſon, for it is Felony, Stamf. fol. 2. but now by the Statute of 25. of Ed. 3. chap. 2. of Treaſons it is made high Treaſon.