13 



is certainly correct as to rivers not navigable) 

 to those which are, viz. that the waters and 

 fishings are the property of those persons 

 whose lands adjoin such rivers. 



But before this exclusive claim can be 

 allowed, we ought to be informed by what 

 legal means the public have lost their right, 

 thus shown to have been legally vested in 

 them ; and we shall presently see, that if 

 those persons who call themselves proprietors, 

 mean to claim such an exclusive right, it must 

 be proved, and supported by the production 

 of a Grant from the Crown, or by Prescription, 

 which implies a grant. 



We have already seen, that the chapter of 

 Magna Charta, before referred to, establishes 

 the public right of passage and fishing in all 

 navigable rivers. 



The next authority I shall refer to, is in 

 the 2nd Blackstone's Commentaries, page 39, 

 where it is stated, that " a free fishery, or ex- 

 clusive right of fishing in a public river, is a 

 royal franchise ; though the making of such 

 grants, and by that means appropriating what 

 seems to be imnatural to restrain, (the use of 



