32 



inheritance of all his Majesty's liege people," 

 but prohibits the system above noticed. 



2ndly. All the cases determined by the 

 Courts concur in acknowledging this right ; 

 particularly the case of Warren and Matthews 

 before noticed, where it is expressly stated, 

 that " every subject of common right may fish 

 with lawful nets in a navigable river." 



3rdly. That not a single Act of Parliament, 

 either directly or indirectly, recognizes a pri- 

 vate or exclusive right of fishing in a navigable 

 river : but, on the contrary, acknowledges that 

 right to be in the public, particularly the Sta- 

 tute of 1st Eliz. c. 17. entitled " An Act for the 

 Preservation of the Spawn and Fry of Fish ;" 

 and the preamble states, " that for the preser- 

 vation hereafter of spawn and young breed of 

 eels, salmon, pikes, and of all other fish which 

 heretofore have been much destroyed in rivers 

 and streams, salt and fresh, within this realm, 

 insomuch that in divers places, they feed swine 

 and dogs with the fry and spawn of fish, and 

 otherwise (lamentable and horrible to be reported) 

 destroy the same to the great hinderance and 

 decay of the Commonwealth." 



Here is no injury complained of, as violat- 



