The Jurisdiction of the THAMES. 37

The Jurisdiction of the THAMES.

VI. By Decrees.

 

In 8. Hen. 4. The Maior and Aldermen of London, did exhibit their humble Petition to the King's Council, reciting, "That time out of Mind, they have had the Conservation and Correction of the River of Thames, and of all Trinckes, Nets, and other Gins, whatsoever, in the Rivers of Thames and Medway placed, and have used to make a Sub-Conservator under them. And complained, that Alexander Bonner, then Sub-Conservator, having done his Duty in removing Kiddels, was evil entreated by the Owners; the same Owners dwelling in Erith, Pratriferry, Barking, Woolwich, and other Places in the Counties of Kent and Essex." And upon hearing of the Matter in Camera Stellata, i.e. The Star Chamber, they were found guilty, and constrained to submit themselves to the Lord Maior; and ordered always to bring their Nets to the Lord Maior, before they should use them. And that the Kiddels then taken should be at the Disposition of the Lord Maior. And the Offenders made their Submission accordingly.

A Decree in the Starchamber, in behalf of the City, for the Conservation of Thames, An. 8 H. 4.


VII. By Letters Patents.

 

A Grant was made by King Edward IV. to the Earl of Pembroke, for Building a Weare in the River of Thames; which Grant was Cancelled at the Request of the Lord Maior and Aldermen, upon shewing of their Right; for that it was contrary to their antient Liberties. At which Time the Cities Title to the then Conservacie of the Rivers of Thames and Medway, was at large set forth, and is recited to have been shewn to the Lord Chancellor, and to the Earl and his Council; and was afterwards allowed, and the Patent thereupon Cancelled.

A Grant of a Wear to the Earl of Pembroke, in favour of the City.

And there is a Record of a Patent remaining in the Tower to that Purpose; viz. That the Maior, &c. quod de antiquo jure habeat supervisum & gubernat: aque Thamis. ad Pontem de Stanes, &c. & de Concess. prius fact. W. Com. Pembrok. de quodam Gurgiti vacat. Holgiswere revocat & cancellat. ratione predict. i.e. That of ancient Right he have the Supervisal and Government of the Water of Thames to Stanes Bridge, &c. and concerning the Revoking and Cancelling of a Grant formerly made to William Earl of Pembroke on the said Account.]

An. 9. Ed. 4. p. 2. m. 7.

J. S..


VIII. By Proclamation.

 

By Proclamation made by K. Hen. VIII. in the 34th of his Reign, it is affirmed, that the Lord Maior and his Predecessors have had, by divers Grants of the Kings of England, and by Acts of Parliament, and have also long enjoyed, the Conservacie of Thames, without Interruption, or Impediment of the said King Henry VIII. or of any of his Subjects. And by the same Proclamation it was commanded, That none should resist, deny, or impugne the Lord Maior or his Deputy, in doing or executing any Thing for the Conservacie of the River, and of the Fish and Fry within the same.

K. Henry proclaims the City's Right to the Thames.


IX. By Report.

 

A Controversie being between the Lord Admiral and the Lord Maior for the Measuring of Coals, and other Things upon the Thames, it then fell into Consideration to whom the Conservacie of the same River did belong. Which Cause, Anno 1597, was by the Lords of the late Queens most Honourable Privy Council, referred to the then Attorney General and Sollicitor, who certi- fied, among other Things, that the Conservacie of the River of Thames did, and ought to belong to the City of London.

Q. Elizabeth's Attorney General, reports the Conservacy of the River to belong to the City.


X. By Quo Warranto.

 

In the 3d Jacobi Regis, a Quo Warranto being brought against the City in the Exchequer, to know by what Title they claimed the Conservacie of the River of Thames, and of the Waters of Medway: The City made their Title to the same by ancient Prescription. And Judgment was given for them.

Upon a Quo Warranto the City make good their Title to the River.

And all this was spoken for Proof of the Cities RIGHT.

Next for Proof of USAGE. That was shewed to be


I. By antient Ordinances.
II. By Punishment of Offenders.

 

The Lord Maior and Aldermen have, Time out of Mind, made Ordinances concerning the good Government of the River of Thames, for the Times and Manners of Fishing, beneath London-Bridge, Eastward, to be observed upon Pains. And it appeareth, that from time to time, from the time of K. Henry III. and so downward, the Lord Maior hath removed Kiddels, Wears, Trinkes, and other unlawful Engines; and hath reformed the Disorders of such as have offended in the River of Thames; and punished Offenders, sometimes by Imprisonment, sometimes by Fine, and by burning of their unlawful Nets.

Ordinances made by the Maior for the River, from K. Henry the Third's Time.


III. By Writs and Precepts.

 

In the 9th of Henry V. Precepts were issued under the Teste of the Lord Maior to the Sheriffs of Kent and Essex, for the returning of Juries before the Lord Maior, to enquire of Offences done in the River of Thames.

The Maior sends Precepts for returning Juries.


IV. By Accompts.

 

In the Accompts of the Chamberlains of London, from the 17th of Rich. II. to the 11. Elizabethæ Reginæ, it appeareth, that the Water Bailiff of London hath made search for unlawful Nets, in the Waters of Thames and of Medway.

Accompts for the Water Bailiffs Charges.


V. By Commissions.

 

In the 9th of Henry V. Commission was given to the Lord Maior, to put in Execution the Acts of Parliament, made for the Conservacie of the Waters of Thames and Medway; and to enquire of all Offences, made or done in the said Waters, and to punish the Delinquents for the same.

Commission to the Maior to put Acts in Execution about the Thames.

A like Commission in the 3d Henry VI.

A like Commission in the 1 Elizab.

A like Commission in the 1 Jacobi.

And all these, or the like Commissions in this Case, were, and are directed to the Lord Maior, for the Time being.


VI. By continual Claime.

 

In the 37. Henry VIII. Letters came from the Lord Admiral, for stay of such Matters as were then in Question, between his Lordship and the City; concerning the Jurisdiction of this City upon the River of Thames.

Claims and Suits of the City, in regard of the Lord Admirals Pretences to the Thames.

In the 3d of Edw. VI. Order given, that the Chamberlain should take care for stay of certain Inquests, charged by Vertue of a Commission directed to the Lord Admiral, to enquire of Abuses in Fishing beneath the Bridge.

In