142 Fisheries and Fish. [Ch.'VIIL Crown (a), otherwise, a quo *wairanto may be issued (h), As observed by Sir William Blackstone (c), ** this fran- chise is now almost fallen into disregard, the name being now chiefly preserved in grounds that are set apart for breeding hares and rabbits." Such place any one may erect and pos- sess ; but the royal grant is necessary to confer on it peculiar properties and protection. It will be noticed hereafter how tliese franchises, forests, chases, parks, and warrens, may be lost. 7. Fisheries and Fish. — The King has an undoubted sove- reignty and jurisdiction, which he has immemorially exercised through the medium of the Admiralty Courts, over the British seas, that is, the seas which encompass the four sides of the British islands; and other seas, arms of seas, and navigable (but not unnavigable [d) ) rivers, within and immediately con- nected with the territories subject to his sway {e). The law of nations and the constitution of the country have clothed the Sovereign with this power, that he may defend his people and protect their commercial interests. By implication of law the property in the soil under tliese public waters is also in the King [f). But in this, as in most other instances, the prerogative does not counteract or interfere with the natural right of the public to fish in the sea, in arms of the sea, and in creeks and navigable rivers, and to take fish found on the sea-shore between high and low water mark. This is one of the jura puhlica or communia (g), which never was vested exclusively in the Crown, and of course is not to be considered as a regal franchise. Notwithstanding this public right of fishery, to which the prerogative of the King is subservient, it appears that the King or one of his subjects may by prescription or immemo- rial usage (of which twenty years' uninterrupted enjoyment is (rt) 3 Cruise Dig. 295. (e) Seld. Mar. Hale de jure Maris, ib) Ibid. Com. Dig. tit. Chase, D. &c. (c) 2 Bla. Com. 39. (/) Post. c. 11. on Revenue. (rf) These belong to the owners of the (g) Ibid. Hale de jure Mar. p. 1. adjacent soil. Hale de jure Mar. p. 1. c. 4. Hargr. Tr. vol. I. p. 11. Dav. c. 1. Hargr. Tr. vol. 1. p. 5. Davis's Rep. 55. 5 Bac. Ab. 498, &c. Willes' R. 57, a. b. 12 Mod. 510. 4 Burr. R. 265. 2 Bos. and Pul. 476. 2164. Selw. N. P. tit. Fishery. evidence
