35 



first observing upon the four preceding objec- 

 tions : 



1st. If the River Thames be not " a public 

 river," a navigable river, a river constantly 

 navigable, and a river naturally navigable, 

 what other river in the kingdom is so ? 



2nd. With respect to " a navigable river," 

 it is a vague term ; it may mean for ships, for 

 barges, or for small boats, and such is at places 

 and times every river in the kingdom. 



3rd. " Constantly navigable," is still more 

 uncertain ; no river is strictly speaking so ; no 

 even the sea. 



4th. " Naturally navigable," is more loose 

 and uncertain still, and if it has any legal 

 meaning, it is the having been navigable time out 

 of mind. 



In these points of view I shall now proceed 

 to consider the question ; and if I establish the 

 fact, that the River Thames now is, and time 

 out of mind has been, a public navigable river, 

 in such case I presume I give an indisputable 

 answer to all these objections. 



I would previously remark, that it appears 

 the true ground of distinction of the fishing 



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