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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 Champernon,* where Reynell brought an action of trespass against Champernon for taking and cutting his nets, the defendant justified for that he was seised 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, 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 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 anything 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.
• Mich. 7 Car. I.
PRINTED FOR RICHARD MARRIOTT AND HENRY BROME IN ST. PAULS CHURCH-YARD
M DC LXXVI