by that means
the fishing with hooks and lines will be thereby spoiled to the
great hurt and grievance of most of the inhabitants of this county.
It is therefore by this court ordered that from and after the 20th
day of March next ensuing, it shall not be lawful for any of the
inhabitants of this county to take, strike, or destroy any sort of
fish in the night time with fish gigs, harping irons, or any other
instrument of that nature, sort or kind, within any river, creek or
bay which are accounted belonging to or within the bounds or
precincts of this county. And it is further ordered that if any
person or persons being a freeman, shall offend against this order,
he or they so offending shall for the first offence be fined five
hundred pounds of good tobacco to be paid to the informer, and for
every other offence committed against this order after the first,
by any person, the said fine to be doubled and if any servants be
permitted or encouraged by their masters to keep or have in their
possession any fish gig, harping iron or any other instrument of
that kind or nature and shall therewith offend against this order,
that in such case the master of such servant or servants shall be
liable to pay the several fines above mentioned, and if any servant
or servants shall, contrary to and against their master's will and
knowledge, offend against this order, that for every offence they
receive such corporal punishment as by this court shall be thought
meet.

As population became more dense it was inevitable that rights
previously of little significance began to be asserted. 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 sho