34 



the public right of fishing, both with nets and 

 by angling, in navigable rivers in general, but 

 in the River Thames in particular, is com- 

 pletely and indisputably established. 



But it has been argued, that the River 

 Thames is not, 1st, a public river; 2ndly, a 

 navigable river ; 3rdly, a river constantly na- 

 vigable ; or 4thly, a river naturally navigable ; 

 for all these grounds have been taken, and all 

 these distinctions have been made, in conse- 

 quence of an expression of Brae ton's, " flumi- 

 nibus perennibus ;" which in fact means no other 

 than constant rivers, or perpetual by run- 

 ning, as distinguishable from those, some- 

 times dry, and conveys no idea whatever of 

 navigable. 



These objections are evidently taken with a 

 view to mislead, and are endeavours to prove 

 that the River Thames is a private river, not 

 naturally navigable ; for even the persons who 

 urge these objections are obliged to admit, and 

 do admit, that the fishing is common, if the. 

 Thames be naturally navigable, or navigable 

 time out of mind. 



We will here again take each in their order, 



