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The Jurisdiction of the THAMES. | 38 |
The Jurisdiction of the THAMES.
In the 4th of Edw. VI. Master Common Sergeant was appointed to repair to the
Duke
of Somerset, and to inform his Lordship of the Cities Authority, in pulling down
Wears
within the River of Thames.
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In the 6th of Edw. VI. Order was given, that Sute should be made to the Kings
Majesty, and his Council, for the Determination and Allowance of the Cities
Jurisdiction and Interest in the River of Thames.
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1. Mariæ Reginæ. A great Number of the Fishermen of the East-side
of
London, present in the Court of the Lord Maior and Aldermen, were commanded to
obey the Water Bailiff. And that one Hunter, of the Admiralty, should be warned
to be
before the Lord Maior and Aldermen at the next Court to be holden for the same
Matter.
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1. Eliz. Reginæ. Certain Committees were appointed to confer with the
Lord
Admiral, touchin the Controversie between his Honour and the City, concerning
the
Conservacie of the River of Thames.
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In the 3d of Eliz. certain Committees were appointed to attend the Lord Admiral,
concerning the Jurisdiction of the River of Thames.
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7 Eliz. The Lord Admiral to be conferred with, touching the Cities Jurisdiction
in the
River of Thames.
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8. Eliz. The Lord Admiral to be conferred with, touching the Cities Right to
the
Conservacie of the River of Thames.
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13. Eliz. The Lord Admiral to be moved, that the City may enjoy their Liberties
in the
Thames and Medway.
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17. Eliz. The Aldermen and others to confer with the Lord Admiral for the
Cities Title
in the River Eastward.
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23. Eliz. Mr. Norton, and others, appointed to attend on the Lord Treasurer of
England, and to inform his Lordship touching the Cities Title to the Conservacie
of the
River of Thames below London Bridge.
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23. Eliz. Sessions appointed for the Conservacy of the River of Thames, the 9th
of
October, at Barking in Essex; and on Wednesday following to be kept at Woolwich
in
Kent.
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24. Eliz. Certain Aldermen were appointed to treat with the Lord Admiral,
touching the
Conservacie.
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29. Eliz. Aldermen appointed to go to the Lord Admiral, and to inform his
Lordship
touching the Cities Right to the Conservacie of the River of Thames, from London
Bridge to Yenland and the Reculvers.
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In the Letters Patents granted by the King's Most Excellent Majesty, in the
Third Year
of his Reign, the Cities Title to the Conservacie of the River of Thames and
Water of
Medway, is recited and set down at large. And therein mention is made, that the
City
had been interrupted in the said Office, and a Doubt conceived, that the same
did not
belong to his Highness's City of London. His Majesty therefore, of his especial
Grace
and Favour to the City of London, Ad omnem Controversiam in hac Parte,
temporibus
tam præsentibus quam futuris, tollendam, ac omne dubium amovendum; i.e. to
take away all Controversie in this Behalf, for the Times as well present as to
come, and
to remove all doubt, did by those his Letters Patents Grant, Ratify and Confirm
to the
City of London, the Conservacie of the said River of Thames and Waters of
Medway.
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K. James I. confirms the Cities Right.
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So much concerning the Right and Usage. Now de Reipsa, i.e. of the Thing it
self.
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This Word Conservacie doth extend it self to the Preservation of the Stream, and
the
Banks of the River, as also the Fish and Fry within the same. For by the Laws
of the
Land all Navigable Rivers are the high Streams of the King, for
the Passage of Ships, Boats, &c. As the Highway is Via Regia for the
People to pass
by. And if the Banks be not kept from Decaying and Encroachment, it will not
only be
an Annoyance to the River it self, by diverting the Water and hindering the
Navigation,
but will also annoy the Grounds next adjoining to the same. And if the Fish be
taken at
undue Seasons, and the Fry not preserved, the Fishing will be soon destroyed.
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The Meaning and Extent of the Conservacie.
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And first, touching the Stream, you are to enquire, Whether any Person or
Persons
have Erected any Wears, Kiddels, or Engines; or knocked any Posts, Piles, or
Stakes,
within the Rivers, or any Part thereof, which may in any Sort hinder the Stream,
or the
Navigation, or Passage of any Ships, Barges, Boats, or Vessels within the same.
And
whether any have cast any Soil, Dust, or Rubbish, or other Filth whatsoever,
into the
same. You are to present the Persons, Times, and Places, touching the
committing of
every such Offence.
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The Charge to the Inquest, concerning the Stream.
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Secondly, you are to enquire of all Encroachments upon the River, and the Banks
of the
same: And of all Bridges, Floodgates, Milldamms, and such like Annoyances,
Erected
or Builded upon, or near to the Banks of the same River: And where, and by whom,
and when the same were done.
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Concerning Encroachments.
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Thirdly, for the Preservation of the Fish and Fry within the River, you are to
enquire,
whether any Fisherman or other, hath fished at any undue or prohibited Seasons,
or
with any unlawful or prohibited Nets or Engines. And when, where, and by whom
every such Offence was committed.
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And concerning the Fishermen.
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Thus much for a general Direction; but for your more particular Instruction, and
for the
Ease of your Memories, here to be certain Printed Articles which you shall have
with
you; to every one of which, you shall give a particular Answer.
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The like Charge was given by the said Master Common Sergeant, on the next Day
following at Lee in the County of Essex: And the like Sessions was kept there
for the
same Purpose.
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But it seems, these Privileges and Jurisdictions in the Thames, thus claimed by
the
City, were not allowed by the Court in K. Charles I. his Time, but thought to
encroach
upon the Prerogative of the King's High Court of Admiralty: Some Passages in the
foregoing Discourse giving such Offence, that it had like to have hindred the
Sale of the
Second Edition of this Book, An. 1633. being then newly Printed. For K. Charles
I.
as soon as he heard of it, commanded Sir Henry Marten, the Judge of the Court of
Admiralty, either to obliterate certain Passages out of the said Book, before it
came
forth, or else to stop the Publishing of it. For which Purpose, Secretary Coke,
by that
King's Command, wrote a special Letter to the said Judge. But it being somewhat
too
late to make these Corrections, (the Book being now compleatly Printed off) the
said
Sir Henry Marten ordered the Company of Stationers to Print the Secretaries
Letter to
him at the End of the Book, and his own Letter and Order to them thereupon.
Which
was accordingly done: And they were as follow:
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This Jurisdiction disallowed of by King Charles I. as infringing the Admiralty.
J. S.
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To my Honorable Friend Sir HENRY
MARTEN, Knight, Judge of the High Court of the
Admiralty.
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"SIR, his Majesty understanding that there is a second
Edition of Stowes Survey of the City of London, new put to Sale, wherein there
are
some Passages prejudicial to his Majesties Right in his Admiralty, and
Derogatory to
the just Power belonging thereunto; He doth therefore require you his Judge in
that
High Court to examine the said Book, and to cause the said Passa-"
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