gative of appointing ports and havens, or ſuch places only, for perſons and merchandize to paſs into and out of the realm, as he in his wiſdom ſees proper. By the feodal law all navigable rivers and havens were computed among the regalia[1], and were ſubject to the ſovereign of the ſtate. And in England it hath always been held, that the king is lord of the whole ſhore[2], and particularly is the guardian of the ports and havens, which are the inlets and gates of the realm[3]: and therefore, ſo early as the reign of king John, we find ſhips ſeiſed by the king's officers for putting in at a place that was not a legal port[4]. Theſe legal ports were undoubtedly at firſt aſſigned by the crown; ſince to each of them a court of portmote is incident[5], the juriſdiction of which muſt flow from the royal authority: the great ports of the ſee are alſo referred to, as well known and eſtabliſhed, by ſtatute 4 Hen. IV. c. 20. which prohibits the landing elſewhere under pain of confiſcation: and the ſtatute 1 Eliz. c. 11. recites that the franchiſe of lading and diſcharging had been frequently granted by the crown.
But though the king had a power of granting the franchiſe of havens and ports, yet he had not the power of reſumption, or of narrowing and confining their limits when once eſtabliſhed; but any perſon had a right to load or diſcharge his merchandize in any part of the haven: whereby the revenue of the cuſtoms was much impaired and diminiſhed, by fraudulent landings in obſcure and private corners. This occaſioned the ſtatutes of 1 Eliz. c. 11. and 13 & 14. Car. II. c. 11. §. 14. which enable the crown by commiſſion to aſcertain the limits of all ports, and to aſſign proper wharfs and quays in each port, for the excluſive landing and loading of merchandize.
The erection of beacons, light-houſes, and ſea-marks, is alſo a branch of the royal prerogative: whereof the firſt was antiently
