THE LAWS OF ANGLING. 463 



party hath a property in them, as iu the case of a stand- 

 ing pool. 



But where any one hath separates piscaria, as in 

 Child and GreenhilVs Case in Trin. 15 3dCr<?t553 

 Car. 1. in the King's- Bench, there, it 

 seemeth that the fish may be said to be his, because no 

 man else may take them whilst they are within his se- 

 veral-fishing. Therefore, What is meant by a several- 

 fishing is ilecessary to be considered. And though the 

 difference between a free-fishing and a several-fishing, 

 be often treated of in the antient books of the Law ; and 

 some opinions will have the difference to be great, and 

 others small, or nothing at all ; yet the certainest defi- 

 nition of a several- fishing is, 'Where one hath theroy- 

 * alty, and owneth the ground on each side o/ the 

 6 water ;' which agreeth with Sir Wil- 

 liam Calthorp's case, Where an action ^jpJt IS'E 

 was brought by him against another, for 4, 4. 

 fishing in his several-fishing, <$v. to which 

 the defendant pleaded, That the place wherein the 

 trespass was supposed to be done contained ten perches 

 of land in length, and twenty perches in breadth, which 

 was his own freehold at the time when the trespass 

 was supposed to be done, and that he fished there 

 as was lawful for him to do; and this was ad- 

 judged a good plea by the whole court : And upon 

 argument in that very case, it vas agreed. That 116 

 man could have a several-fishing but in his OWN soil, 

 and th'dt free fish ing may be in the soil of ANOTHER 

 MAN ? Which was all agreed unto by Littleton, our 

 famous English lawyer. So that from all this, may be 

 drawn this short conclusion, That if the angler take 

 care that he offend not with his feet, there is no great 

 danger of his hands. 



But there are some covetous rigid persons whose 

 souls hold no sympathy with those of the innocent 

 anglers having either got to be lords of royalties, or 

 owners of lands adjoining to rivers; and these do, by 

 some apted clownish nature and education for the pur- 

 pose, insult and domineer over the innocent angler, 



