BERKELEY CASTLE. 223 



the game. The timber on it, which of course belonged 

 to the lord of the manor, was so well preserved, that, 

 when the enclosure took place, it was worth more than 

 the fee simple of the land, consequently those to whom 

 the land was allotted in lieu of common right declined 

 to pay for the timber, and thus the whole chase fell 

 into the Castle estate. It was in regard to this chase 

 that the memorable trials took place, as to the question 

 of whether or not holly might be cut as brushwood 

 by those having common rights. By an error in the 

 pleadings of the lord of the manor, he was defeated ; 

 nevertheless, he gave notice to the winning party 

 that if they continued to cut holly, he would renew 

 the actions at law. Backed by their success, and 

 disbelieving that they owed it to accident, fresh 

 hollies were cut and other actions brought, every 

 one of which were given in the lord of the manor's 

 favour, and the fact established that holly, in the eye 

 of the laAv, was timber, and therefore not available to 

 the rights of common. 



IS^either pains nor expense are spared at Berkeley 

 in the preservation of game ; and certainly, consider- 

 ing the deep, rich, heavy loam of which the soil 

 consists, and the number of foxes, I never saw game 

 preserved with greater success. The angling at 

 Berkeley is confined -to a few ponds and brooks, and 

 to the Gloucester and Berkeley Canal, and is not worth 

 speaking of ; the Severn affording salmon fishing with 

 everything but the rod. The sein fishing there is very 

 good, and as the royalty of the Severn is attached 

 to the Castle, the whale and the sturgeon when they 

 come are its due. There are two decoys for wild 

 fowl which answer completely, and which are also 

 beautifully kept up ; but 1 have now to describe a 



