THE LAWS OF AttGLINfc. 353 



bred gentleman 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 warranted 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 without 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 authorised, 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 resist- 

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

 that case he makes the assault, and I may beat him in de- 

 fence of myself, and to free myself from his violence. 1 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 Champer- 

 noon; 3 where Reynell brought an action of trespass 

 against Champernoon, for taking and cutting 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 r and with the nets to 

 catch his fish ; and that for the safeguard of his fishing 

 he took and cut the nets and oars : to which plea the 

 plaintiff demurred, and there it was adjudged by the 

 whole court, that he could not by such colour cut the 



<l) Agreeable to the rule conuined in this barbarous distich : 

 Res dare pro rebus, pro verbis verka soUmus, 

 Pro bufis bufcu, pro trvfa rtddere tn/fas. 

 Things mutt be recompense with things, buffers with btowei, 

 And words with words, and taunts with inocks and mo we*. 



Dalton't Country Justice, Chap. 7*. 

 (2) Mich. 7 Car. 1. Cro. Car. CC8. 

 2 A 



