54 



through the realm, the common passage of 

 ships and boats is disturbed, and much people 

 perished, and the young fry of fish destroyed 

 and given to swine to eat,* contrary to the 

 pleasure of God, and to the great damage of 

 the King and his people ;'' and enacts that the 

 statutes be kept, and commissions awarded to 

 certain justices in every county of the realm, 

 where need be, to enquire and punish of- 

 fenders.f 



i 



This statute is of great importance to the 



general question. Here is no private right pro- 

 tected or even recognized, which no doubt 

 would have been the case had any such right 

 existed. On the contrary, the injury is said to 

 be to the King and his people ; viz. to the King, 

 as owner of the soil, and to the people, in the 

 destruction or injury in their right of fishing. 

 Here is also prohibited a practice, too often 

 indulged in, even now, by those who claim an 

 exclusive right of fishing ; viz. that of destroy- 

 ing and wasting fish in the manner I have be- 

 fore alluded to,f and which this Act evidently 



* Vid. statute of Elizabeth. 



t Who were allowed 4s. a-day for every day they travelled. 



t As proofs of this destructive practice, it is a fact well 



