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The Jurisdiction of the THAMES. | 37 |
The Jurisdiction of the THAMES.
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.
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A Decree in the Starchamber, in behalf of the City, for the Conservation of Thames, An. 8 H. 4.
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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.
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A Grant of a Wear to the Earl of Pembroke, in favour of the City.
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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.]
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An. 9. Ed. 4. p. 2. m. 7.
J. S..
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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.
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K. Henry proclaims the City's Right to the Thames.
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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.
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Q. Elizabeth's Attorney General, reports the Conservacy of the River to belong to the City.
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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.
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Upon a Quo Warranto the City make good their Title to the River.
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And all this was spoken for Proof of the Cities RIGHT.
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Next for Proof of USAGE. That was shewed to be
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I. By antient Ordinances.
II. By Punishment of Offenders.
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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.
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Ordinances made by the Maior for the River, from K. Henry the Third's Time.
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III. By Writs and Precepts.
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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.
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The Maior sends Precepts for returning Juries.
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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.
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Accompts for the Water Bailiffs Charges.
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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.
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Commission to the Maior to put Acts in Execution about the Thames.
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A like Commission in the 3d Henry VI.
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A like Commission in the 1 Elizab.
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A like Commission in the 1 Jacobi.
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And all these, or the like Commissions in this Case, were, and are directed to
the Lord
Maior, for the Time being.
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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.
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Claims and Suits of the City, in regard of the Lord Admirals Pretences to the Thames.
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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.
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