comitting

Updated: May 10, 2025

This case of 1679 taken from Hening's Statutes, was a forerunner of countless others like it which continue to this day: Robert Liny, having complained to this Grand Assembly that whereas he had cleared a fishing place in the river against his own land to his great cost and charge supposing the right thereof in himself by virtue of his patents, yet nevertheless several persons have frequently obstructed him in his just privilege of fishing there, and despite of him came upon his land and hauled their seines on shore to his great prejudice, alleging that the water was the King Majesty's and not by him granted away in any patent and therefore equally free to all His Majesty's subjects to fish in and haul their seines on shore, and praying for relief therein by a declaratory order of this Grand Assembly; it is ordered and declared by this Grand Assembly that every man's right by virtue of his patent extends into the rivers or creeks so far as low water mark and it is a privilege granted to him in and by his patent, and that therefore no person ought to come and fish there above low water mark or haul seines on shore without leave first obtained, under the hazard of comitting a trespass for which he is sueable by law.

James Wharton - The Bounty of the Chesapeake: Fishing in Colonial Virginia