THE SALMON AND CHANNEL FISHERIES. 187 



species ; but, on the contrary, all the acts repro- 

 bate such engines and devices in the severest terms, 

 as ruinous to the fish, both old and young. For 

 the credit of this local act, under the circumstances 

 in which it was obtained, it is rather remarkable 

 that nothing should be introduced on this subject : 

 there is nothing, however ; and the fish are to be 

 taken by "legal and proper nets ;" of course, they 

 are to be taken by no other means. And what are 

 the legal and proper nets ? Why, those nets which 

 are described by the act of Elizabeth, of a mesh 

 or make of two inches and a half broad. The 

 same act says, that no fish shall be taken with any 

 manner of net, 8?c. or any other engine, device, ways 

 or means whatsoever, except a net of the above 

 description. Upon what ground then do all these 

 fish locks, upon these three very rivers, so destruc- 

 tive to the rights of the commonwealth, stand ? 

 Clearly not by act of parliament — as clearly not by 

 the common law. Is it then by grant from the 

 Crown ? I believe not : and if it were, no royal 

 grant can prevail against an act of the three estates 

 of the realm. Neither will prescription, which 

 presupposes a grant, sanctify usages against so 

 many acts of parliament, or against the common 

 law, without a grant, and hostile to the interest of 

 the public. I think Lord Ellenborough is pretty 

 clear and decisive upon this point. However, the 

 facts are now before the public, who will act as 

 they think proper. This I will venture to pro- 

 nounce, that the fisheries can never prosper whilst 



