Right of FISHING, and property of fish. It has been held, that where the lord of the manor hath the soil on both sides of the river, it is a good evidence that he hath a right of fishing; and it puts the proof upon him who claims liberam piscariam: but where a river ebbs and flows, and is an arm of the sea, there it is common to all, and he who claims a privilege to himself must prove it; for if the trespass is brought for fishing there, the defendant may justify, that the place where is brachium maris, in quo unusquisque subditus domini regis habet et habere debet liberam piscariam. In the Severn the soil belongs to the owners of the land on each side; and the soil of the river Thames is in the king, but the fishing is common to all. He who is owner of the soil of a private river, hath separalis piscaria; and he that hath libera piscaria, hath a property in the fish, and may bring a possessory action for them; but communis piscaria is like the case of all other commons. One that has a close pond in which there are fish, may call them pisces suos, in an indictment, &c. but he cannot call them bona et catalla, if they be not in trunks. There needs no privilege to make a fish pond, as there doth in the case of a warren. See FRANCHISE.