15 



the foundation of his claim, for the right is 

 prima facie in all the King's subjects." Id. 



" One claiming solam Piscariam in the River 

 Ex by a grant from the Crown. Et per Holt 

 C. J. The subject has a right to fish in all 

 navigable rivers, as he has to fish in the sea, 

 and a quo warranto ought to be brought to try 

 the title of his grantee, and the validity of his 

 grant." Salkeld Rep. 357. 



In Carter against Murcot, which was an ac- 

 tion for fishing in the River Severn* the de- 

 fendant pleaded that " it was a navigable ri- 

 ver, and also that it is an arm of the sea 

 wherein every subject has a right to fish." 

 The plaintiff replied (without traversing these 

 allegations) that f< this was part of the Manor 

 of Arlingham, and that Mrs. Yates was seized 

 of that manor, and prescribes for a several 

 fishery there ; issue being joined, a verdict 

 was found for the plaintiff. 



It is observable in this case, that in the 

 Severn the soil of the river is not in the King, 



* In the Severn the soil of the river belongs to the lords, 

 and a special sort of fishing belongs to them likewise ; but the 

 common sort of fishing is common to all. 1 Mod. Rep. 105. 



