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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."
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The Constable of the Tower to set no Prices upon Victuals by Land or Water.
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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.
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Henry III. his Grant to the City.
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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.
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Edw. III. his Grant concerning the Kidels.
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[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.]
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J. S..
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IV. By Acts of Parliament.
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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
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Concerning the taking of Salmons.
How punishable.
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1. Burning the Nets and Engines.
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2. Imprisonment for a Quarter of a Year.
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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.
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The former Act about Salmons confirmed.
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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.
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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.
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Justices of Peace to be Conservators for preserving the Fry.
Under-Conservators.
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[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.]
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Pet. Le Neve, Norroy.
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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.
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Power of the Maior in Breaches and Creeks.
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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.
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All killing or taking young Fry of Fish forbidden.
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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.
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Likewise taking Fish out of Season;
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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.
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Or not of due Length.
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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.
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What Nets to use in Fishing.
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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.
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Not to extend to Smelts, Roches, &c.
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The Offenders to lose, for every Offence xxs. and the Fish, and also the
unlawful Nets,
Engines and Instruments.
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Penalty.
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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.
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The Maior's Power by this Act.
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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.
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Who shall have the Forfeitures.
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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."
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Inquisitions at Rainham and Gravesend, 9 Hen. V.
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