THE LAWS OP ANGLING. 



ing/' &c., expressing the nature and number of 

 the fish taken : but because the soil does not pass 

 by such a grant, and the fish are ferce naturd, 

 he shall not call them his fish, as in the former 

 instance. See the case of Child and Greenhill, 

 before cited. 



The doctrine deducible from these principles 

 is, that that which, united with the soil, would 

 be a several fishery, when severed by grant, 

 though the grant be of a several, or sole, and 

 not of a free fishery, in terminis, becomes a free 

 fishery. 



There is yet another case that I shall mention, 

 which will give the intelligent reader a clear no- 

 tion of this matter. A man grants to one, or 

 more, a liberty of fishing : here nothing but a 

 naked right to fish passes, and the remedy 

 against a trespasser is not severed from the soil ; 

 the owner whereof, and not the grantee, may 

 maintain an action, and may also fish himself. 

 Co. Lit. 122 a. [I find in Dudg. Warw. 1142, 

 in margine, an account of the following grant, 

 which for its singularity deserves notice. 31 

 Hen. III. "Thomas de Clinton, of Aminton, 

 levied a fine to Phil. Marmion, that he and his 

 heirs, -his wife, and their heirs, might, when they 



