[619]. See Moore, Ibid., 8–16. Two links in the chain of evidence are worthy of emphasis:—(a) Writs of 13th November and 1st December, 1234, order repair of bridges for the transit of the king “along with his birds” (cum avibus suis). (b) A writ of 28th October, 1283, gives aves capere as the equivalent of riviare. This writ contains a licence to the Earl of Hereford “during the present winter season to riviate and to take river-fowl of this nature (riviare et aves ripariarum hujusmodi capere) throughout the rivers Lowe and Frome which are in defence (in defenso).”
[620]. I.e. c. 47 (q.v.). Any district or object over which the king or a private individual had sole rights of any kind to the exclusion of the public might apparently be said to be placed in defenso in regard to the object of such rights. In this case, the word “riviation” makes the object plain.
[621]. R. Wendover, II. 49 (R.S.), “Ibi capturam avium per totam Angliam interdixit.”
[622]. Article 11 of the Barons had demanded that no villa should be amerced for failure to make such illegal repairs, thus illustrating at once John’s policy, and the point of connection between this provision and the immediately preceding chapters which dealt with amercements.
[623]. It was, however, included among the subjects reserved for further consideration in “the respiting clause” (c. 42 of 1216) under the words “de ripariis et earum custodibus.” Cf. supra, 169.
[624]. Moore, Ibid., 9.
[625]. Moore, Ibid., 12.
[626]. The Mirror of Justices is cited as first suggesting this. See Moore, Ibid., 12–16, where the gradual development of the error is traced. Coke, Second Institute, 30, was misled by the Mirror, and he has in turn misled others.
[627]. Cf. infra, under c. 33.
[628]. This was 13 Edward I., stat. 1, c. 47, cited Moore, Ibid., 173.