THE LAWS OF ANGLING. 351 



size there set down, yet those law-makers had so much 

 respect to anglers, as to except them, and leave them at 

 liberty to catch as big as they could, and as little as they 

 would catch. And yet, though this Apostolical recreation 

 be simply in itself lawful, yet no man can go upon another 

 man's ground to fish without his licence, but that he is a 

 trespasser. But if a man have licence to enter into a 

 close or ground for such a space of time, there, though 

 he practise angling all that time, he is not a trespasser, 

 because his fishing is no abuse of his licence: but this is 

 to be understood of running streams, and not of ponds 

 or standing pools ; for in case of a pond or standing pool, 

 the owner thereof hath a property in the fish, and they are 

 so far said to be his, that he may have trespass for the 

 fish against any one that shall take them without his 

 licence, though it be upon a common, or adjoining to the 

 king's highway, or adjoining to another man's ground 

 who gives licence. But in case of a river, where one or 

 more have libera piscaria only, it is otherwise; for there 

 the fishes are said to beferce naturd; and the taking of 

 them with an angle is not trespass, for that no man is 

 said to have a property in them till he have caught them; 

 and then it is a trespass for any to take them from him. 

 But this is not to be understood of fishes confined to a 

 man's own ground by gates or otherwise, so that they can- 

 not pass away but may be taken out or put in at pleasure; 

 for in that case the party hath a property in them, as in 

 the case of a standing pool. 



But where any one hath separalis piscaria, as in Child 

 and GreenhdVs Case in Trin. 15, 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 several fishing. Therefore what is meant by a several 

 fishing is necessary to be considered. And though the 

 difference between a free fishing and a several fishing be 



