The Medieval Fable of The Fisherman and the Fish

Fishing is a huge industry worldwide; every year about 1 to 2 trillion wild fish are caught, representing vastly more animal deaths than the annual slaughter of terrestrial vertebrates such as cows and chickens. Overfishing is a serious crisis. According to the UN’s Food and Agriculture Organization (FAO), in 2024, about 37% of monitored fish stocks across the globe were overfished. Additionally, a 2018 FAO report indicated that nearly 60% of fish stocks were “maximally sustainably fished,” meaning that these fish populations were being exploited to the very edge of sustainability.1 Regulations and guidelines aim to reduce “illegal, unreported and unregulated” (IUU) fishing, in order to mitigate the devastating effects of overfishing and maintain populations of these animals for future human use, but IUU fishing is still extremely widespread in practice.

Fish illustration in Der Naturen Bloeme, National Library of the Netherlands, KA 16, fol. 115r.

Below, I translate and discuss a medieval fable, that of The Fisherman and the Fish (Perry Index 18). The Fisherman and the Fish has a decidedly anti-conservationist bent. It depicts an individual fisherman who is angling (fishing with a line), seemingly for his own table rather than for recreation or profit. Though the man’s catch is given a speech, the fisherman gets the last word, saying that the more prudent thing is to kill and eat even a small fish that one has already caught, rather than to hold out for a larger one that may or may not come. Though the fable suggests we are meant to agree with the man’s judgment, I find the fish’s plea to the fisherman—one of many examples in fable where a vulnerable character begs a more powerful one for their life—quite affecting.

This version of The Fisherman and the Fish is by Avianus (ca. 400 CE); it is preceded by a Greek version by Babrius.2 I provide a Latin text of Avianus, and an English translation, below.

De piscatore et pisce
Piscator solitus praedam suspendere saeta
exigui piscis vile trahebat onus.
sed postquam superas captum perduxit ad auras
atque avido fixum vulnus ab ore tulit,
“parce, precor” supplex lacrimis ita dixit obortis;
“nam quanta ex nostro corpore dona feres?
nunc me saxosis genetrix fecunda sub antris
fudit et in propriis ludere iussit aquis.
tolle minas, tenerumque tuis sine crescere mensis:
haec tibi me rursum litoris ora dabit:
protinus immensi depastus caerula ponti
pinguior ad calamum sponte recurro tuum.”
ille nefas captum referens absolvere piscem,
difficiles queritur casibus esse vices:
“nam miserum est” inquit “praesentem amittere praedam,
stultius et rursum vota futura sequi.”3

The Fisherman and the Fish
A fisherman, who was accustomed to catch his prey hanging on a line,
drew up a little fish of paltry weight.
But after he had brought up the captive into the air above,
and a wound pierced through its hungry mouth,
the pleading fish said, “Spare me, please,” with tears springing up,
“for how much benefit will you get from my body?
Just now a fertile mother has spawned me under stony grottoes,
and told me to play in our own waters.
Remove these threats; I am young, let me grow up for your table.
This edge of the shore will give me to you again.
Soon, when I have fed on the depths of the vast sea,
I will come back fatter to your rod, of my own accord.”
The fisherman, replying that it would be a sin to set the caught fish free,
laments the hard conditions of fortune:
“It’s a shame,” he said, “to let go of the prey in hand,
and even more foolish to pursue future wishes again.”

The fish’s plea makes both an appeal to reason and an appeal to emotion. He reasons that his meager body is now of little worth as food, and that in time, once he has grown, he will make a better meal. He further suggests a sort of bargain: he will return “willingly” (sponte) to the fisherman when he is a well-grown adult.  

As for emotion, the little fish, in his abject entreaty, describes himself rather pathetically. The fish having been spawned“just now” (nunc) implies that he is very young and small indeed. Anthropomorphic touches, such as the fish’s tears, and the detail that his mother has told her children to “play” (ludere) in the waters, could prompt readers’ sympathy for the creature. The prospect of a playful “child-fish” having his life cut suddenly short is a pitiful one.

In terms of natural history, the premise of the fable—at least according to the fish’s speech—is that the fish is small (and of little worth to humans nutritionally or economically), but only because he is a very young member of a species that grows considerably larger. While the fish was spawned in “just now” (nunc), “under stony grottoes,” (sub antris saxosis), his life cycle entails feeding and growing in the sea, then returning once again to the same place, where he could perhaps be caught once more by the same fisherman. The word litoris in line 10 can mean the beach or sea shore, but it could also refer to a river bank.4 If one interprets it as the latter, the fish could be of an anadromous species (i.e., a type of fish which spends its adult life in the sea but returns to rivers or streams in order to spawn; examples of anadromous fish include salmon, sturgeon, and some smelt. Babrius’s version takes place at the sea shore). Avianus’s version of the fable doesn’t specify what kind of fish this is, only that he is currently a juvenile. Later versions deem the fish a flatfish or turbot (rombus)5 or pickerel (smaris).6

Fish illustration, British Library, Add MS 36684, fol. 27v.

Intriguingly, in a version of the fable found in the fourteenth-century Dialogus creaturarum, the little fish promises to bring the man a whole school of other piscine victims with him when he returns. In this version, the fish also persuades the man to cut off part of his tail, so that he can be identified when he comes back. The fish reneges on his promise to bring others along with him, and is killed by the man when he is caught for the second time.7

The moral of The Fisherman and the Fish runs rather contrary to the morals of some others (which is often the case in such a heterogeneous and adaptable genre). For example, in the fable of The Goose with the Golden Eggs, which I posted about a few months ago, the moral is to not be greedy and hasty, and, I argued, perhaps not to push nature past sustainable limits. In The Fisherman and the Fish, by contrast, the choice endorsed is to kill an animal as soon as the opportunity presents itself, regardless of whether this is an optimal use of natural resources (i.e., achieving “maximum yield”), because the future is unpredictable.

Fables often focus on interactions between individuals of different species, rather than commenting on species as collectives or populations (though there are exceptions, e.g., The Hares and the Frogs, The Frogs Asking for a King). The fable of The Fisherman and the Fish, too, represents a single encounter between two individuals. However, perhaps we can see this fable as a kind of microcosm of relationships between humans and wild fish. Fishing is essentially the last bastion of wild-caught food, for the majority of humanity, and, as mentioned above, we are exploiting these animals to their limits and beyond. Considering this fable versus The Goose with the Golden Eggs, this fable may speak to a harsher and more opportunistic approach to exploiting “wild” natural resources, compared to exploiting domestic animals and crops. Domestic animals and crops require the expenditure of human labor to raise or cultivate, for one thing, which may make them seem like more of an investment; perhaps, too, animal slaughter or crop harvesting is also viewed as more reliable, more under human control, than the outcome of a fishing or hunting expedition.

Though overfishing has increased significantly in the last several decades, the genesis of unsustainable practices can be found in the medieval period, argues Richard C. Hoffmann. “By the end of the Middle Ages, essential elements for present-day global fishery crises were in place in European waters…. Overexploitation, habitat destruction, selective predation on large or prestigious species, and human competition without regard for the resource were all part of medieval experience.”8 While The Fisherman and the Fish is a brief text and a small example, compared to Hoffmann’s sweeping environmental history, I think this fable can nevertheless be seen in light of medieval (and post-medieval) beliefs and practices regarding fish as natural resources.

Linnet Heald
PhD in Medieval Studies
University of Notre Dame

  1. Food and Agriculture Organization of the United Nations, The State of World Fisheries and Aquaculture 2018, p. 12. ↩︎
  2. Ben Edwin Perry, ed. and trans., Babrius and Phaedrus: Fables, Loeb Classical Library 436 (Harvard University Press, 1965), pp. 10–13. ↩︎
  3. Latin text from J. Wright Duff and A. M. Duff, eds., Minor Latin Poets, Volume II, Loeb Classical Library (Harvard University Press, 1934), p. 712. English translation is my own. ↩︎
  4. Charlton T. Lewis and Charles Short, A Latin Dictionary (Clarendon Press, 1879), s.v. “lītus.” ↩︎
  5. Charlton T. Lewis and Charles Short, A Latin Dictionary (Clarendon Press, 1879), s.v. “rhombus.” ↩︎
  6. Lewis and Short’s Latin dictionary defines smaris as “a small sea-fish of inferior quality.” Taxonomist Carl Linnaeus, in the mid-18th century, used smaris as the species name for a particular fish, the deep-body pickerel (Sparus smaris, now called Spicara smaris). ↩︎
  7. Francisco Rodríguez Adrados, The History of the Graeco-Latin Fable (Brill, 2003), vol. 3, p. 747. ↩︎
  8. Richard C. Hoffmann, The Catch: An Environmental History of Medieval European Fisheries (Cambridge University Press, 2023), p. 413. ↩︎

Broken Water Law? Put Some Icelandic on It

Last week, a small newspaper in Storm Lake, Iowa won the 2017 Pulitzer Prize in Editorial Writing for the editor, Art Cullen. Cullen’s campaign against agricultural run-off into the Raccoon River was praised as “editorials fuelled by tenacious reporting, impressive expertise and engaging writing that successfully challenged powerful corporate agricultural interests in Iowa.”[1] Unfortunately, last month the judge dismissed the Des Moines Water Works’s legal suit against Sac, Buena Vista, and Calhoun Counties because agricultural drainage doesn’t count as “point source” pollution covered under section 301 of the federal Clean Water Act (1972).[2] The utility has no legal recourse for the damage of nitrate pollution to the drinking water source for 500,000 Iowa residents.

Water is different from most other legally protected resources because of its mobility and mutability. It doesn’t respect political boundaries despite legal statutes; water cannot be separated out from the physical world we inhabit – not even our own bodies. Stacy Alaimo emphasizes the ineluctable character of material agencies, “the often unpredictable and always interconnected actions of environmental systems, toxic substances, and biological bodies,” that cannot be ignored no matter how hard we try to control our environments. Ursula Heise, analyzing systems rather than agentic intra-action, argues that “what is crucial for ecological awareness and environmental ethics is arguably not so much a sense of place as a sense of planet—a sense of how political, economic, technological, social, cultural, and ecological networks shape daily routines.”[3] In other words, the local environment experienced by an individual cannot be separated from the multifarious aspects of global networks, nor can the global be understood without the local experience of limited primary interaction. We need a system that recognizes the physical and social interconnectivity of water as a part of our bodies, our basic rights, our livelihoods, and our common good.

Since our modern legal system is ill-equipped to deal with these challenges, I suggest an alternative model from the medieval period when people were more cognizant of their dependence on nature. Jónsbók represents an integration of the pre-existing Icelandic legal codes – primarily known to us from the Grágás law codes – and the Norwegian law code, Nyere Landslov (1271-74).[4] The Grágás law codes developed from an oral tradition whereby one-third of the legal code was recited each year at the annual Alþingi, or national legislative meeting where legal claims were resolved. The Jónsbók laws were written down in 1117 by unanimous consent (as the story goes) and two early fragmentary copies survive: Konungsbok (Copenhagen, Royal Library, GKS 1157 fol, c. 1260) and Staðarhólsbók (Reykjavik, Árni Magnússon Institute, AM 334 fol, c. 1280). A later manuscript – Reykjavik, Árni Magnússon Institute, AM 351 fol, fol. 1ra-64rb – provides the best manuscript witness since it includes the complete text of Jónsbók along with the 1294, 1305, and 1314 amendments.[5]

The most significant difference between the medieval Icelandic law code and modern U.S. water laws is in the rights and significance given to in-stream use of water, particularly fishing rights. To understand the U.S. system of water law one must first understand the 100th meridian division and how the landscape and precipitation patterns influenced the historical development of the law. Essentially, riparianism in the Eastern states functions through “the sharing of a watercourse by all of the landowners bordering it, regardless of whether a user had ever put water to work previously.”[6] West of the 100th meridian, precipitation is significantly less due in part to the impact of the Rocky Mountains on rainfall patterns.[7] Prior appropriation – qui prior est in tempore potior est in jure as the California Supreme Court wrote in the seminal case Irwin v. Phillips (1855) – holds that whoever is first to use the water has the first right to the water regardless of land ownership. Over time states began to protect certain uses or adapt riparian principles into the prior appropriation system, but although “[a] states constitutions or statutes declared water to public, … nearly all water was appropriated for private gain.”[8] Neither the riparian nor the prior appropriation systems originally included in-stream usage.

Jónsbók VII,56 creates a community obligation when it delineates the process for reclaiming one’s rights when in-stream rights have been compromised. Blocking the stream and passage of fish triggers the community obligation:

Each man may place nets in his part of the stream, but in such a way that the fish are able to swim up into every part of the stream. God’s gifts [i.e., fish] are to go to the mountain as well as to the shore, if they want to go. If, however, a man blocks the stream, then those men who own the stream higher up are to issue a five days’ notice summons from the assembly to the one who blocked the river to come and remove the blockage. If he refuses to move the blockage, then they are to ask for help to remove it. Each householder who refuses to go with him is fined an ounce-unit to the king. Those who illegally blocked the stream are to pay a mark to each man who lives higher up and who lost the right to fish because of the obstruction in the stream.[9]

Unlike earlier passages which limited recompense to the damages done (to land and animals) and a trespassing fee, persons who block the passage of fish in the river are required “to come and remove the blockage” upon notice by the local assembly. If the offender refuses to remove it, the burden passes to the community at large. Jb. VII,56, therefore, creates a community obligation to correct the damage to the free movement of fish within the river, presumably because it affects all the householders in the assembly regardless of whether they utilize their fishing rights. The damages owed are extended not just to the individual who lost the right to fish but to the king and to “each man who lives higher up” due to the obstruction. In this way, community obligation for the shared right for in-stream supersedes the diversion or obstruction needs of individual users while explicitly recognizing the necessity of river passage for fish populations. The fishing rights section of Jónsbók makes clear that while primary water rights conflict occurs at the immediate interpersonal level, the ripples of such actions impact other riparian owners, local householders, district assemblies, and the super-national treasury, as well as impacting the ability of fish populations to survive human intervention.

Medieval Icelandic code of water rights represents a more ethical and holistic perspective on water rights. Jónsbók-style limitations on water removals and blockages that impede fish migration and movement might have served as a restraining force on the proliferation of dams, water treatment facilities, and industrial waste discharge on the waters of the U.S. by requiring proponents to more thoroughly take into consideration not just other human users, but also the impact on nonhuman organisms, i.e. the flora and fauna that developed within and alongside the riparian biomes.[10] While the Clean Water Act (1972) has attempted to redress the problem of longterm environmental damage due to human actions, it is fighting an uphill battle against long-established rights where individual (mostly corporate) extraction rights are privileged over in-stream usage, the local community’s needs, the larger public good, and environmental concerns. We would be better served by a legal code that recognizes the intersections of needs and rights and Jónsbók provides us with a foundation to build on.[11]

Mae Kilker
University of Notre Dame

[1] Staff & Agencies, “Tiny, Family-Run Iowa Newspaper Wins Pulitzer for Taking on Agriculture Companies,” The Guardian, April 10, 2017, sec. US news, https://www.theguardian.com/us-news/2017/apr/11/tiny-family-run-iowa-newspaper-wins-pulitzer-for-taking-on-agriculture-companies.

[2] Donnelle Eller, “With Water Works’ Lawsuit Dismissed, Water Quality Is the Legislature’s Problem,” Des Moines Register, sec. Money, accessed April 15, 2017, http://www.desmoinesregister.com/story/money/agriculture/2017/03/17/judge-dismisses-water-works-nitrates-lawsuit/99327928/.

[3] Ursula Heise, Sense of Place and Sense of Planet: The Environmental Imagination of the Global, (Oxford, UK: Oxford University Press, 2008), 55.

[4] Jana K. Schulman, Jónsbók: The Laws of Later Iceland, (Saarbrücken, Germany: AQ-Verlag, 2010), xv.

[5] Schulman, Jónsbók, xxii-xxiii. The amendments, in manuscript order, are King Erikr’s Amendments (1294/1295), King Hakon’s Amendments (1305), King Hakon’s Amendments (1314), and King Hakon’s Amendments (1308), which latter pertain only to Norwegian law. It excludes only three sections: royal women’s inheritance, the earl’s oath, and the presiding judge’s oath. Schulman terms the three omitted sections “unnecessary” in the new legal context of the late 14th century.

[6] “A Universal Sense of Necessity and Propriety” in History of Water Rights, n.p.

[7] Excluding, of course, portions of the Pacific Northwest where the biome is a temperate rainforest.

[8] “A Universal Sense of Necessity and Propriety” in History of Water Rights, n.p.

[9] Schulman, Jónsbók, VII.56 (263).

[10] For more on the co-evolution of human culture and nonhuman species within specific geophysical boundaries, see Wendy Wheeler, “‘Tongues I’ll Hang on Every Tree’: Biosemiotics and the Book of Nature,” in Cambridge Companion to Literature and the Environment, ed. Louise Westling. Cambridge, UK: Cambridge University Press, 2014, 121-35.

[11] I’ll be presenting more on water law issues and the approach codified in Jónsbók at the ASLE biennial conference in Detroit (June 20-24).