63 



I have thus endeavoured to prove that by 

 the Common Law, the public have had, used, 

 and exercised, time out of mind, a right to 

 take fish, or attempt to take fish, either by 

 angling, or nets, of a legal description, in all 

 public navigable rivers, but particularly in the 

 River Thames. That such right is proved by 

 ancient books on the subject, confirmed by 

 the opinions of our most learned judges, and 

 the determination of the courts of law. 



That the River Thames now is, and time out 

 of mind has been, a public navigable river. 



That the several statutes made, instead of 

 restraining such fishing, acknowledge and al- 

 low the Common Law right, nor do they di- 

 rectly, or indirectly, recognize in the slightest 

 manner the private right claimed by many, 

 which, if such right had ever existed, would 

 in the course of so many years have appeared. 



The conclusion I infer from all these autho- 

 rities is, that the public have legally the right 

 or privilege of taking fish, or attempting to 

 take fish, by angling, or legal nets, (except in 

 the fence months) in the River Thames, and in 

 all other navigable rivers, where the soil is in 

 the King. 



