摘要
It has been suggested Clause 33 of Magna Carta 1215 pertained to salmon and provided a legal foundation for English fishing because of the abolition of the king＇s fish-weirs. This commentary is a misunderstanding since the Clause was not intended to rectify the king or his officers＇ behavior. Besides, the disappearance offish-weirs did not come about out of concern for the fisheries themselves, but owing to the navigation of the river This mistaken interpretation regarding Magna Carta may be comfirmed by the history of salmon fishery itself, because the fish did not disappear from the river till the middle of the 19^th century. This fact is an important evidence that the clause was violated and infringed. It also shows the clause seems to have had limited effect. It is clear that the clause not only failed to keep the Thames clear for ships, but also failed to provide a legal foundation for English fishing.
