(32 



time out of mind, on a presumed grant, it has 

 already been shown, that independent of num- 

 berless other requisites, almost impossible in 

 this case to be produced, that prescription or 

 custom cannot be pleaded against an Act of 

 Parliament; and the statute of Henry VI. as 

 welLas several other statutes, recognise the 

 public right of fishing, both by nets and an- 

 gling. And, although it is said such prescrip- 

 tion may by possibility be proved,* the proba- 

 bility is much doubted, should these statutes 

 be pleaded in bar. 



It, however, may be urged in this case, (aS 

 under the Game Laws) that many persons have 

 purchased their fisheries at large sums of mo- 

 ney, and for valuable considerations ; but that 

 does not mend their claim, any more than it 

 would do had they purchased any other pro- 

 perty under a bad or defective title. If such 

 title be bad or defective in one case, it must 

 be so in the other ; or if there was any differ- 

 ence, it ought to operate with more force where 

 the public at large would be prejudiced, than 

 where an individual would. 



* It must be remembered this was said of a river where 

 the soil of it was in the subject, and not in the King. 



