IN GAMMELL v. COMMISSIONERS OF WOODS AND FORESTS, et al, 3 Macq. A. C. 419, 460, the Lord Chancellor (Lord Chelmsford) said :—
“But the grants since the Union are many of them not capable of being referred to rivers or estuaries, because they are grants of fishings in the sea adjacent to lands “upon the sea coast,” or “upon the sea shore,” or “along the sea coasts,” or “lying along the sea coast ;” and with respect to the modern Crown Charters, some of them (as was pointed out in the course of the argument) can only be understood as applying to the sea shore upon an open coast, such as the one to Mr. Anderson, dated 21st December 1840, “Totas et integras terras et baroniam de Kinnaber et clum salmonum piscariis aliisque piscariis super aqua de Northesk &c., ac etiam cum salmonum piscariis aliisque piscariis in littore maris inter dictam aquam de Northesk et aquam de Southesk.”
9 HEN. III.A.D. 1224.
C. 26. Omnes kidelli decetero deponantur penitus per Tamisiam et Mede weyam et per totam Angliam nisi per costeram maris.
All weirs from henceforth shall be entirely put down on the Thame and Medway and throughout all England, except by the sea coasts.1
1This chapter of Magna Charta is still in force, vide, Moore's Law of Fisheries (London : 1903) p. 215.