12 



Lord Coke, in his Institutes, observes, that 

 " a kiddle is a proper word for open wears, 

 whereby fish are caught: that the erecting 

 such was a pour presture, or encroachment ; 

 making that several, or separate to one, which 

 ought to be common to many ; that this was 

 forbidden by the common law on public 

 rivers, for that every public river or stream 

 is a King's highway.'' 



Such then appears to have been the com- 

 mon law right of the subject, which seems 

 to have been invaded by the King and others, 

 but which was restored to the public -by the 

 Great Charter. 



Like many other rights, however, of a similar 

 description, which being beneficial to all, is by 

 all neglected, and as is too frequently found by 

 experience, no individual would defend his 

 right, because he knew others would be bene- 

 fited as well as himself; the owners of large 

 estates on the banks of the rivers appear to 

 have profited by this neglect, and have endea- 

 voured to convert this public right into a pri- 

 vate one,* and they apply the doctrine (which 



* From very similar causes the common law right of the 

 subject in game was invaded. 



