The Com fie at ^Angler 



leave tbem at liberty to catcb as big as tbey coulo, ano as little as tbey would 

 catcb, Bno get tbougb tbis apostolical recreation be simply in itself lawfull, 

 set no man can go upon anotber man's ground to flsb, vvitbout bis license, but 

 tbat be is a trespasser ; but if a man bave license to enter into a close or 

 ground for sucb a space of time, tbere, tbougb be practise angling all tbat time, 

 be is not a trespasser, because bis fisbing is no abuse of bis license : but tbis 

 is to be understood of running streams, and not of ponds or standing pools ; for 

 in case of a pond or stanoing pool, tbe owner tbereof batb a property in tbe 

 flsb, and tbey are so far saib to be bis, tbat be may bave trespass for tbe fisb 

 against anyone tbat sball tafce tbem witbout bis license, tbougb it be upon a 

 common, or adjoining to tbe Sing's big b way, or adjoining to anotber man's 

 ground, wbo gives license : but in case of a river wbere one or more bave 

 liber a piscaria, only it is otberwise, for tbere tbe fisbes are said to be ser<e 

 naturce, and tbe taking of tbem witb an angle is not trespass for tbat no man 

 is said to bave a property in tbem till be bave caugbt tbem : ano tben it is a 

 trespass for any to tafce tbem from bim : but tbis is not to be understood of 

 fisbes confined to a man's own ground by gates or otberwise, so tbat tbey cannot 

 pass away, but mag be taken out or put in at pleasure, for in tbat way tbe 

 party batb a property tn tbem, as in tbe case of a stanoing pool, but wbere 

 anyone batb separalis piscaria, as in Cbild ano (Breenbill's case in Trin. 15, 

 Car. 1, in tbe "Ring's JBencb, tbere it seemetb tbat tbe fisb may be saio to be 

 bis, because no man else may tafce tbem wbilst tbey are witbin bis several 

 fisbing: therefore wbat is ment by a several fisbing is necessary to be 

 considered : ano tbougb tbe Difference between a free*fisbing, ano a several 

 fisbing be often treated of in tbe ancient boofcs of tbe law, ano some opinions 

 will bave tbe Difference to be great, ano otbers small or nothing at all ; yet tbe 

 certainest difflnition of a several fisbing is, wbere one batb tbe royalty, ano 

 ownetb tbe grouno on eacb side of tbe water, wbicb agreetb witb Sir William 

 Caltbrop's case, Mich. 17, E. 4, 6, & Pasc. 18, E. 44, wbere an action was 

 brougbt by bim against anotber for fisbing in bis several fisbing, Sc., to wbicb 

 tbe defendant pleaded, tbat tbe place wberein tbe trespass was supposeo to be 

 Done, contained ten percbes of land in lengtb, and twenty percbes in breaDtb, 



2 54 



