BY SIR JOHN HAWKINS. 205 



came to Tamworth, or to their castle at Middle- 

 ton, fish with a boat any where in his water of 

 Aminton, with one net, called a fleu-net, and a 

 tramil and sayna ; for which liberty he gave him 

 six marks of silver."] 



As common of fishing may be appendant to 

 land, so also there may be a joint tenancy, or a 

 tenancy in common of a fishery. 1 Inst. 186 b. 



Having thus shown in what cases the angler, 

 in the pursuit of his recreation, may become a 

 trespasser, let us next consider how far he is, by 

 taking fish, in danger of committing larceny ; for 

 that the taking fish out of a pond, without the 

 consent of the owner, falls within my Lord 

 Coke's definition of that crime, no one can doubt 

 that reads it. His words are, " Larceny is, the 

 felonious and fraudulent taking and carrying 

 away, by any man or woman, of the mere per- 

 sonal goods of another ; neither from the person 

 nor by night in the house of the owner." 3 Inst. 

 107. And a little after, 109, he expressly says, 

 " Larceny may be committed of fishes in a 

 pond." 



Now, though to make the taking any personal 

 thing felonious, reason and the law require that 

 the party should do it animo furandi (see Brae- 



