16 



" And it appeareth by GUanvill, that this pourpresture was forbidden 

 by the common law, for he saith, Dicitur autem purprestura, vel pour- 

 prestura proprie, quando aliquid super Dominum Regem injuste occu- 

 patur, ut in dominicis Regis, vel in viis publicis obstructis, vel in aquis 

 publicis transversis a recto cursu, vel quando aliquis in civitate super 

 Regiam plateam aliquid sedificando occupaverit, et generaliter, quoties 

 aliquid sit ad nocumeritum Regii tenemanti, vel Regiaeviae, vel civitatis, 

 and every publick river or stream is alta Regia via, the king's high- 

 way. 



" Pourpresture cometh of the French word pourprise, which signifieth 

 a close, or inclosure, that is, where one encroacheth, or makes that 

 several to himself, which ought to be common to many." Coke's 

 Institutes, 1681, p. 38. 



INVENTION OF SCOTCH TIDE NETS. " Monopolies are contrary to the 

 liberty and freedom granted by Magna Charta, and divers other acts 

 of Parliament." 2 Just. 69. The right of monopoly, strictly so, is 

 only conceded by the law of England in the case of useful inventions, 

 when patents for fourteen years are accorded. There appears to be no 

 necessity for the principle to be called in to insure to the public such 

 care of a great river as to result in a plentiful supply of fish : on the 

 contrary, the creation of a monopoly at the mouth of a river tends to 

 diminish protection in the distant parts. 



" Politiaj legibtis non leges politiis adaptandce. It is not in any man's 

 power to create new natures in law according to new inventions, except 

 they may stand with jus commune, which is natura universa." The 

 Grounds and Rudiments of Law and Equity. London, folio, p. 270. 



NOTES ON THE LAW OF FISHERY IN IRELAND. King John's charter was 

 extended to this country by his successor, and the prohibition of grants 

 of " several fishery" in public rivers was extended to those also that 

 were fenced under Richard I., so that a franchise of " free fishery" 

 ought now to be at least as old as Henry II. Such is the law laid 

 down by lord Hale, and quoted in the " Summary of Laws" in the 

 second Report of the Commissioners of Inquiry into the Fisheries of 

 Ireland in 1836. 



Magna Charta is but a confirmation of those laws and liberties which 

 had been enjoyed in England before the reign of Henry II. To 

 such his subjects in Ireland were also entitled by inheritance from 

 their ancestors who originally settled there. Therefore soon after the 

 original grant had been made to the English people, King Henry III. 

 acquainted his Irish subjects that he had conferred on them those 

 liberties. 



It appears that in preparing the " Magna Charta Hibernise," 

 variances then existing in the customary laws or situation of the two 

 countries were recognised and followed. The "ancient customary 

 usages and laws" of Ireland, were also recognised in subsequent statutes, 

 and formed the foundation of the common law of the land. Lynch's 

 Feudal Dignities and Legal Institutions of Ireland. London, 1830. 



Accordingly it will be found that the provision of dowry, and even 

 the descent of baronial titles, followed the customs of the country, as 

 affected by those of the native race. 



The statute 13 Edw. II., c. 1., in the Red Book of the Exchequer, 

 confirms the liberties of the great charter, " which last shall be published 



