EARL Y REGULA TIONS. 213 



compatible with the maintenance of either fishery or 

 navigation. All these laws (which were held to apply only 

 to navigable rivers) are now obsolete or superseded. As 

 regards the subject now in hand, the construction of weirs, as 

 well as the employment of the other devices for taking fish 

 known by the generic name of "fixed engines," is fully 

 dealt with by the more recent statutes. 



There were abundance of local statutes besides. One 

 made for the Ouse and Humber in 1531 will serve as well 

 as any other for a specimen. The preamble sets forth that 

 " now of late, certain persons studying only for their own 

 private lucre, not regarding the common weal, but daily 

 imagining the utter destruction, ruin and decay" of the 

 city of York and adjoining riparian country, "have and 

 daily do keep, preserve, and maintain certain engines for 

 taking of fish in the said river and water of Ouse and 

 Humber, commonly called Fishgarths ; and set in the said 

 river and water, in such places of the same where ships 

 should have their liberal and direct passage, in the midst of 

 the streams of the said river of Ouse and water of Humber, 

 stakes, piles and other things ; by reason whereof," not 

 only navigation is endangered, " but also the brood and fry 

 of fish in the said river and water of Ouse and Humber be 

 commonly thereby destroyed and putrified, to the utter 

 impoverishment and destruction of the said city, unless 

 speedy remedy be in this behalf shortly provided." Parlia- 

 ment, moved by this lamentable complaint, provided for 

 the abatement of the fishgarths and piles, and the regula- 

 tion of fishing in the future. 1 



A similar course of legislation, beginning about the same 

 time or somewhat earlier, took place in Scotland. 



We now come to the restrictions created by modern Acts 

 1 23 Hen. 8, c. 18. 



