|
The Jurisdiction of the THAMES. | 35 |
The Jurisdiction of the THAMES.
King's most gracious and liberal Charter in that Point granted, in the Third
Year of his
Majesty's most happy Reign.
| |
Then the Common Serjeant went over his Arguments.
| |
And First, for Proof of Right.
| |
It appeareth by an ancient Book, called Dunthorne, That Civitatis Fundationis,
ædificationis, & Constructionis, Causa erat Thamesis Fluvius. Quorum
vero,
Civitatis & Fluminis, Gubernationem, tam Duces, Maiores, Custodes,
Vicecomites,
Aldermanni & Magnates Civitatis memoratæ hucusque obtinuerunt &
habuerunt:
i.e. The River Thames was the Cause of the first Founding, Erecting and Building
of
the City. The Government of which, both City and River, as well the Chiefs, the
Maiors, the Keepers, the Sheriffs, the Aldermen and Eminent Men of the said
City,
hitherto have obtained and held. So as the Government of the River hath
belonged to
the City Time out of Mind.
|
Ex Lib. vocat. Dunthorn.
The River belonged to London Time out of Mind.
|
In the 21 H. III. Jordan Coventrie, one of the Sheriffs of London, was by the
Maior
and Aldermen sent to remove certain Kiddels, that annoyed the Rivers of Thames
and
Medway; Who ultra Yenland versus Mare, did take divers Persons that were
Offenders,
and imprisoned them. Whereupon Complaint being made to K. Henry III. he took
the
Matter ill at the first, and sent for the Lord Maior and Citizens to Kennington.
And
upon hearing of the Matter before the said K. Henry, the City's Jurisdiction on
the
River was set forth and allowed, and the Complainants convicted, and every of
them
amerced at Ten Pounds, and the Amercement adjudged to the City; and their Nets
were
afterward burned, by Judgment given by the Lord Maior and Aldermen in the
Hustings.
|
The Sheriff goes beyond Yenland, to remove Kidels that annoyed the River.
|
In the 37 of H. III. Eodem Anno arte Pentecostem, Vicecomites London, quia Aqua
Thamesiæ pertinet ad London, per præceptum dict. Dom. Regis,
deriverunt
omnes alios Gurgites à London usq; Mare.
| |
In the 1 Rich. II. Writs to the Sheriffs of Kent and Essex, reciting the City's
Title: with
Command, not to suffer the Citizens of London to be molested, contrary to the
Liberties
formerly granted and allowed unto them.
| |
II. By Allowance in Eire.
|
|
In the 41 Hen. III. Before Hugh Bigot, being Justice Itinerant, the Sheriffs
and
Citizens of London were called in question, for their Jurisdiction exercised on
the
Thames. Before whom, it was found by a Jury in Southwark, quod nullus aliquid
Juris habet in Thamesia, usque ad novum Gurgitem, nisi Cives London. i.e. That
none
had any Right and Title in the Thames, as far as to the new Whirlpool, but the
Citizens
of London.
|
The City's Jurisdiction of the River called in Question.
The new Whirlpool.
|
In the 14 Edw. II. Lib. Antiq. Regum, 156. The Constable of the Tower was
indicted
by divers Wards of London, before the Justice in Eire at the Tower: De Munerib.
&
Recep. conc. pro Kidellis in Thamisiis: Concerning Kiddels set in the Thames,
which,
it seems, the said Constable had received Consideration for. Et Constabularius
ad
Kidellos respondet, quod Justic. non habent Jurisdictionem extra London,
placitum;
inde cognoscere, cum prædicti Kidelli sunt in aliis Comitatibus. Et
Justic.
dixerunt, Aqua Thamesiæ pertinet ad Civitatem London, usq; Mare: Et si
velit,
respondeat. The Sum of which Words seem to be this: That the Constable answered
as
to the Kidels, that the Justices had not Jurisdiction out of London; and
that the foresaid Kidels were in other Counties. But that the Justices said,
That the
Water of the Thames, as far as the Sea, belonged to the City of London: And if
he
pleased, he might bring in his Answer. Who then pleaded, not Guilty.
|
The Constable of the Tower indicted by the Wards of London.
Lib. Antiq. Reg.
|
In the 8 Rich I. Dominus Richardus Rex, Filius Henrici II. concessit, &
firmiter
præcepit, ut omnes Kidelli qui sunt in Thamesia, amoveantur, ubicunq;
fuerint in
Thamesia. That is, Our Lord Richard the King, Son of Henry II. hath granted and
firmly commanded, That all the Kidels that are in the Thames be taken away,
wheresoever in the Thames they be.
|
K. Richard I. his Charter.
|
In the 1 Johan. Rex concessit, & firmiter præcepit, ut omnes Kidelli,
qui sunt in
Thamesia, vel in Medway, amoveantur; & ne cæteri Kidelli alicubi
ponantur in
Thamesia, vel in Meday, super Forf. x Libr. Sterlingorum. That is, The King
hath
granted, and firmly commanded, That all the Kidels that are in the Thames, or
the
Medway, be taken away; and that no other Kidels be placed in the Thames or the
Medway, upon Pain of Forfeiture of Ten Pounds Sterling.
|
K. John's Charter.
|
Henry III. Son to King John, granted his Charter to the City in Form following:
Henry
by the Grace of God Kynge of England, Lord of Irland, Duke of Normandy and
Aquitanye, and Erle of Angeoy; Unto Archbishops, Bishops, Abbattes, Pryours,
Erlys,
Barons, Justicis, Sherifs, Stywardis, Mynysters, and to al Baylyfs, and to al
his trewe
Men, gretynge: Wetyth wel, That for the Wele of our Soule, and the Helthe of the
Soule
of Kynge Johan oure Fader, and the Soules of oure Antecessours; And also for the
common Profyt of our Cite of London, and of al oure Realme; We have graunted and
stedfastly commaunded, that al the Weris that ben in Thamys or in Medwey by
Medwey, where that ever they be in Thamys or in Medwey, be done awaye. And that
from hens forwarde no Weres be sett in Thamys nor in Medwey, upon Forfeitour of
x
Lib.
|
K. Henry III. his Charter, as it is recorded in the Customs of London.
|
Also we clayme quyte to oure Citezens of London al that the Constables of our
Tour of
London was wont to take of the same Weres. Wherefore we wyll and stedfastly
commaund, That no Constable of the Tour ony Tyme from hens forward ony Thing
axe, or ony Graunte * do to ony of the same Cite, by Encheson of the same Weres.
It
is knowne inowe to us, and [by] our trewe Men do us to understonde, that most
Prayenge and leste Profyt myght falle to the same Cite, and to al the Realme, by
Enchesen of the same Weres. Which we make for ever firme and stable to the same
Cite, as the Chartour of our Lord Kyng Johan our Fader, with our Barons of
London
thereof have reasonably wytnessith. Wytnes Eustas of London, Peter of
Wynchester,
Joklyn of Bath, Rychard of Salysbury, Bishops: Hubert of Brough, Erle of Kent,
our
Justice; Gylbart of Clare, Erle of Gloucester and Hertford, Fizt. Nicol, Rychard
of
Argeutin, our Styward. Gyve by the Hande of our Worshypful Fader, Rauf Bishop
of
Chychester, our Chauncelar, at Westm. the xviij Day of Feverell, the Yere of our
Regne
xi.
|
* Grievance.
|
This is an Extract out of the Charter of London, granted to the City by
K. Richard II.
the Sixth and Seventh Articles.
|
|
In the LXVIII Article also are these Words.
"And that the same Citezens
remeve and
do away al the Weres in Thamys and Medway: And that they have the Punishmentis
therof, longing to us."
|
Authority to remove Wears, and to punish, by Rich. II.'s Charter.
|
|