THE LAWS OF ANGLING. 301 



if he were a felon. Whereas a true bred gentle-nan scorns those spider- 

 like attempts, and will rather refresh a civil stranger at his table, than 

 warn him from coming on his ground upon so innocent an occasion. 

 It would therefore be considered how far such furious drivers are war- 

 ranted by the law, and what the angler may in case of such violence, 

 do in defence of himself. If I come upon another man's ground with- 

 out his licence, or the licence of the law, I am a trespasser, for which 

 the owner may have an action of trespass against me : and if I continue 

 there after warning to depart by the owner, or his servant thereunto 

 authorized, the owner, or his servant by his command, may put me off 

 by force, but not beat me but in case of resistance by me, for then I, 

 by resisting, make the assault ; but if he beat me, I not resisting, in 

 that case he makes the assault, and I may beat him in defence of myself, 

 and to free myself from his violence.* And in case I shall leave my 

 rod behind in his ground, he may take it damage feasant, but he can 

 neither take it from my person by force, nor break it, but he is a 

 trespasser to me; which seems clear by the case of Reynell and 

 Champernoon,f where Reynell brought an action of trespass against 

 Champernoon for taking and cuttinsr his nets. The defendant justified, 

 for that he was seized in fee of a several fishing ; and that the plaintiff, 

 with others, endeavoured to row upon his water, and with the nets to 

 catch his fish ; arid that, for the safeguard of his fishing, he took and 

 cut the nets and oars ; to which plea the plaintiff demurred, and then 

 it was adjudged by the whole court, that he could not by such colour 

 cut the nets and oars ; and judgment was thereupon given for the 

 plaintiff. 



Doubtless our forefathers well considered, that man to man was a 

 wolf,} and therefore made good laws to keep us from devouring one 

 another ; and, amongst the rest, a very good statute was made in the 

 three-and-fortieth year of Queen Elizabeth, whereby it is provided, 

 that in personal actions in the courts at Westminster, (being not for 

 land or battery,) when it shall appear to the judges (and be so by them 

 signified) that the debt or damages to be recovered amount not to the 

 sum of forty shillings, or above, the said judges shall award to the 

 plaintiff no more costs than damages, but less, at their discretion. 



And now, with my acknowledgment of the advantage I have had, 

 both by your friendship and your book, I wish nothing may ever be 

 that looks like an alteration in the first, nor any thing in the last, 

 unless, by reason of the useful pleasure of it, you had called it the 

 Arcadia of Angling, for it deserves that title ; and I would deserve the 

 continuance of your friendship. 



* Agreeable to the rule contained in this barbarous distich : 



Res dare pro rebus, pro verbis verba solemus, 

 Pro bufis bufas, pro trufis reddere trufas. 

 Things must be recompenst with things, buffets with blowea, 

 And words with words, and taunts with mocks and mowes. 



DALTON'S Country Justice, chap. 7'. 

 t Mich. 7. Car. 1. Cro. Car. 228. 



J A melancholy truth so universally arknowlrdsred as to have given 

 cccasion to the proverb, " Homo houaiui lupus." Vide Erasmi Adagia. 



