The Jurisdiction of the THAMES. 36

The Jurisdiction of the THAMES.

Likewise in the LXXIII Article are these Words: "And that the Constable of the Tower of London make no Preses, by Lond nor by Water, of Vitayle or ony other Thynges whatsoever they ben, of Men of the forsaid Cite, nor of non other; coming to the Cite, or going out. Nor he shal not aresten, be ony maner way, Shipes nor Botes bryngyng or ledyng Vitayles, or other Marchandyses to the Cite, or for [fro] the Cite forsaid."

The Constable of the Tower to set no Prices upon Victuals by Land or Water.

In the 11 of Hen. III. Corcessimus etiam eisdem Baronibus nostris, & Carta nostra confirmavimus, quod habeant benè, & in Pace, liberè & quietè omnes Libertates suas, quibus hactenus usi sunt tam in Civitate London, quam extra, tam in Aquis quam in Terris, & omnibus allis Locis: i.e. We have granted also to the same our Barons, and have confirmed it with our Charter, that they enjoy well and in Peace, freely and quietly, all their Liberties, which hitherto they have used, as well in the City of London, as without, as well in Waters as Lands, and in all other Places.

Henry III. his Grant to the City.

In the 7 of Edw. III. Volumus & concedimus, quod dicti Cives amoveant & capiant omnes Kidellas in Aqua Thamisiæ & Medway; & habeant Punitiones ad nos inde pertinentes: i.e. We will and grant, that the said Citizens remove away, and take all the Kidels in the Water of Thames, and in the Medway; and have and enjoy the Penalties, that thence belong to us.

Edw. III. his Grant concerning the Kidels.

[And there is a Record, 2 Edw. III. allowing the City's Liberty de movend. & capiend. Kedellis in Aqua Thamis. & Medway. Mandatum est Vicecomit. Middlesex, Essex, Kent, Surrey, Sussex, Suthampton, Oxon, Berks. Whereby also the Sheriffs of all the Counties on which the Thames washed, were commanded, not to hinder or interrupt the City of London in removing and taking the said Kidels.]

J. S..

IV. By Acts of Parliament.


Will. II. Cap. 47. An. 13. L. 1. No Salmons to be taken, from the Nativity of our Lady unto S. Martin's Day, in all Points: Nor none to be taken in Mill Pools, from the Midst of April until Midsummer. The Offence punishable by

Concerning the taking of Salmons.

How punishable.

1. Burning the Nets and Engines.

2. Imprisonment for a Quarter of a Year.

3. For a whole Year.

The 13 Rich. II. Cap. 19. confirms the other; and restrains the taking of young Salmons in many Waters, from the Midst of April until Midsummer, upon the same Pain.

The former Act about Salmons confirmed.

None within that Time to use any Nets, called Stalkers, nor any other Engines, by which the Fry may be destroyed; upon the same Pain.

In the 17 Rich. II. Cap. 9. Justices of Peace shall be Conservators, and ot survey all Offences against the said Statutes; and shall survey and search all the Wears, that they be not strait, for the Destruction of the Fry and Brood, but of reasonable Wideness after the old Assize. And they shall punish according to the said Statutes. And they to appoint Under-Conservators, who shall be sworn. And the same Justices shall enquire as well ex Officio, as by Information of the Under-Conservators: And such as be indicted, they shall cause to come before them; and if they be thereof convicted, they shall have Imprisonment, and make Fine, after the Discretion of the same Justices. And if the same be at the Information of any of the Under-Conservators, he shall have Half the Fine.

Justices of Peace to be Conservators for preserving the Fry.


[In the Fourth Year of King Henry the VIIth, an Act of Parliament was made, whereby the Maior of London was to have the Rule of the River of Thames, from Stanes Bridge to the Water of Yenland. Vide inter Act. irrotulat. in Canc.]

Pet. Le Neve, Norroy.

In the 11 Hen. VII. Cap. 15. The like Power is granted to the Maior of London, in Breaches and in Creeks, as in the River, so far as it ebbeth and floweth: Except in the King's Ground, or in the Liberties and Franchises of others.

Power of the Maior in Breaches and Creeks.

In the 1 Eliz. Cap. 17. None shall with any manner of Net, Weel, But-eayning, Kepper, Lymecreel, Raw Fag-net, Troll-net, Trim-net, Scaleboat, Weblister, Stutlamete, or with any other Device or Engines, made of Cheare, Woolbine, Canvas; or shall, of any heeling Nets or Trimbleboat, or any other Device, Engine, Cautels, Ways or Means whatsoever, heretofore made or devised, or hereafter to be made or devised, take and kill any young Brood, Spawne or Fry of Eels, Salmon, Pyke or Pyckerel, or of any other Fish, in any Floodgate, Pipe, or the Tayl of any Mill, Weare, or in any Straits, Streams, Brooks, Rivers, Salt or Fresh.

All killing or taking young Fry of Fish forbidden.

Secondly, None shall take and kill any Salmons or Trouts, not being in Season; being Kepper Salmons, or Kepper Trouts, or Shedder Salmons, or Shedder Trouts.

Likewise taking Fish out of Season;

Thirdly, None shall take and kill any Pyke or Pyckerel, not being in Length Ten Inches Fish, or more; nor any Trout, not being Eight Inches; nor any Barbel, not being Twelve Inches, and more.

Or not of due Length.

Fourthly, None to fish with any Nets, Trammels, Keep, Weare, Helme Creele, or by any other Engine, Device, Ways or Means; but only with Net or Trammel, whereof every Mesh, or Mash, shall be Two Inches and an half broad; Angling excepted.

What Nets to use in Fishing.

A Proviso, that this shall not extend to Smelts, Roches, Minoes, Bulheads, Gudgeons or Eels, in Places where the same have been used to be taken.

Not to extend to Smelts, Roches, &c.

The Offenders to lose, for every Offence xxs. and the Fish, and also the unlawful Nets, Engines and Instruments.


The Maior of London (inter alia) shall have full Power and Authority by this Act, to enquire of all Offences committed contrary to this Act, by the Oaths of Twelve Men, or more; and to hear and determine all and every the same.

The Maior's Power by this Act.

The Pains and Forfeitures to be to the Use of every such Person or Persons, (being no Body Politick nor Corporate, or Head of the same) before whom such Conviction shall be had; And to the Use of every Body Politick and Corporate, that heretofore have lawfully had any Fines, &c. upon such Conviction.

Who shall have the Forfeitures.

V. By Inquisition.


By Two Inquisitions, the one taken at Rainham in Essex, the other at Gravesend in Kent, 9. Hen. V. before William Cambridge, Grocer, then Lord Maior of London, and Conservator of the Waters of Thames and Medway, it was presented, "That where by the Ancient Ordinance of London, the Mesches of Nets should be Two Inches in the Forepart, and One Inch in the Hinderpart, &c. And further, it was thereby found, that the Offences in the same Inquisition, are contra Libertates & Consuetudines Civitatis: And it was adjudged, That the Nets should be burned, according to the Ancient Custom in that behalf provided."

Inquisitions at Rainham and Gravesend, 9 Hen. V.

VI. By