Legal Definitions - de libera piscaria

De libera piscaria is a historical legal term that refers to a specific type of legal order, known as a writ, which granted an individual or entity the exclusive right to fish in a designated area of public navigable water. Essentially, even though the water was generally open for public use, the holder of this writ possessed the sole privilege to catch fish within that particular stretch, thereby excluding others from doing so.

• Example 1: A Feudal Lord's River Rights
  Imagine a powerful feudal lord in medieval England whose vast estate bordered a wide, navigable river. While the river itself was considered public property, the lord desired to control the valuable fish within a specific stretch that flowed through his lands. He could petition the Crown for a writ of de libera piscaria. If granted, this writ would legally establish his exclusive right to fish in that particular section of the river, preventing local villagers or other landowners from fishing there, even though the water was otherwise public. This example illustrates the term by showing an exclusive fishing right granted over public navigable water.

• Example 2: A Monastery's Sustenance
  Consider a monastery situated near a bustling estuary, a public waterway rich with fish. To ensure a consistent and reliable food source for its monks and the poor it served, the monastery might have sought a writ of de libera piscaria. Such a writ would grant the monastery the sole right to fish within a designated part of the estuary, protecting their food supply from competition and ensuring their ability to sustain themselves and their charitable works. This demonstrates the exclusive nature of the right for a specific, vital purpose.

• Example 3: Commercial Fishing Monopoly
  In a historical coastal town, a wealthy merchant might have seen an opportunity to establish a lucrative commercial fishing operation in a particular bay that was part of the public sea. To secure his investment and prevent others from depleting the fish stocks he intended to harvest, he could apply for a writ of de libera piscaria. This writ would legally empower him with the sole right to fish in that designated bay, giving him a monopoly over the fishing resources there and allowing him to profit exclusively from his enterprise. This highlights the application of the right for commercial gain in public waters.