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THe Lord Mayor of LONDON for the time being, and his Successors for ever in that great Dignity, have full Power and Authority over the Rivers of Thames and Medway, to inflict punish∣ment upon all Transgressors relating to the said Ri∣vers, the Water-Bayly of London being his Substi∣tute.
The Extent of this Jurisdiction begins at a place cal∣led Colnie-Ditch, a little above Stains-Bridge West∣ward, as far as London-Bridge, and from thence to a place called Yendall, otherwise Yenland, or Yen∣leete, and the Waters of Medway. This Authority and Jurisdiction belongs to the Lord Mayor, Com∣monalty and Citizens of London, by divers Grants, Charters, and Confirmations made by the Kings and Queens of England, besides sundry Acts of Par∣liament.
Yet there have been some contests betwixt the Lord Mayor, and the Lord High Admiral of Eng∣land about it, but after a fair and Judicial Tryal in open Court, the Controversie was decided in fa∣vour of the City, and the Lord Mayor was adjudg∣ed to be Conservator of the Thames. There were also some Controversies about the Rivers of Thames and Medway, but all differences were absolutely con∣cluded, Anno 1613. Sir John Swinnerton being then Lord Mayor, and Thomas Sparry Esq being then his Deputy in that Office. So that the Lord Mayor bears always since (as in former times) the stile of Conservator of the said River, within the said Li∣mits and Bounds.
And whereas there was a Company of Fishermen called Tinckermen, that with unlawful Nets and o∣ther devices, made an infinite destruction of the young Brood, or Fry of Fish, to feed their Hogs; by the singular care and cost of the Lord Mayor, and vigilance of the Citizens, they were many years ago supprest, and a regular and orderly manner of Fishing brought in use, that such a havock may not be made of the young Fry; As also sundry other a∣buses by unlawful Fishing, and some annoying Tim∣bers in Tilbury-hope, dangerous to Passengers, and destructive to the young Brood of Fish and Fisher∣mens Nets, were also to general benefit reformed. Likewise they took care to clear and cleanse the Ri∣ver
Westward of about 79 Stops or Hatches, con∣sisting of divers great Stakes and Piles, erected by Fishermen for their private lucre, and standing ill∣favouredly for Passengers near the Fair-Deep; but none now are left, except such as stand out of the passable high stream, that can prejudice none. The like Course was kept in the time of Henry the 4th, and Henry the 8ths times. There is also a watchful Eye that no Carrion nor Dead Carkasses be thrown into the River to pollute or infect the stream.
To all these intents and purposes the Lord Mayor and the Aldermen his Brethren, with the under Offi∣cers, meet eight times a year in the four Counties of Middlesex, Surrey, Kent, and Essex, and have a Judicial sitting for Maintenance of the Rivers Rights and Priviledges, where they have power to Impanel Juries, to make Inquisition after all Offences com∣mitted upon the River within their Exte••••, and as the Verdict given by the Jury makes it appear, so they proceed to the punishment of the 〈◊〉〈◊〉 sors according to the quality of the offence, whereof it may be proper to give this Memorable Instance, as it is Recorded by Mr. Stow in his Survey, page 20, Printed Anno 1633. and more briefly deliver∣ed by Mr. Howel in his Londinopolis, Printed Anno 1657. page 15. Thus.
Sir John Rolls Knight, and Lord Mayor of the Ci∣ty of London, and Conservator of the River of Thames, and Waters of Medway, as∣sisted and accompanied by the Aldermen and two Sheriffs then contemporary, and attended by the Recorder, and the Sub-conservation, or Water-Bay∣ly, with 50 Officers and Servants, took their Barges at Billings-gate, the third of July, 1616. and in a few hours arrived at Graves-end in Kent, where a Session for Conservancy of the said River was kept before the said Lord Mayor and his said Assistants, at which place and time a Jury of the Free-holders of
the said County being sworn to inquire of all Offen∣ces committed in any part of the River whatsoever, within the said County; The Common Sergeant of the City (the Recorder being then absent upon ex∣traordinary occasions) Delivered them a Charge to this effect, That for as much as there had not been any Session of Conservancy in many years passed kept by any Lord Mayor of London in that place, it was probable and evident they could not be well informed, neither of the Lord Mayor's Jurisdiction and power to Reform Annoyances and Offences there, and to inflict due punishments upon the Of∣fendors; nor of the Nature of the Service to be by them performed in the Course of their Inquiry; therefore he thought it convenient to make both the one and the other known unto them. Hereup∣on he shewed them that the Jurisdiction of the Court of London in the River of Thames, from Stanes Bridge Westward, unto the points of the River next unto the Sea Eastward, appeared to belong to the City, in manner and form following.
I. First in point of Right by prescription, as ap∣pears by an ancient Book called Dun••horp, That Civitatis fundationis, aedificationis, & constructio∣nis causa erat Thamesis Fl••v••us, quorum vero Ci∣vitatis & fluminis gubernationem tam duces, Ma∣jores, Custodes, Vicecomites, Aldr. & Magnates Ci∣vitatis Memoratae hucusque obtinuerunt & habue∣runt. Whence he inferr'd that the Government of the River hath, belonged to the City time out of mind.
In 21. H. 3. Jorden Coventry, one of the Sheriffs of the City, was sent by the Mayor and Aldermen to remove certain Kiddles that Annoyed the Rivers of Thames and Medway; who, ultra Yenland versus mare, did take divers persons that were Offenders, and imprisoned them; Whereupon complaint being
made to the King, he took the matter ill at the first, and sent for the Lord Mayor and Citizens to Ken∣nington; Where, upon hearing of the Matter be∣fore the said King, the Cities Jurisdiction over the said River was set forth and allowed, and the Com∣plainants convinced, and every one of them Amer∣ced at 10 l. and the Amercements adjudged to the City; And afterward their Nets were burnt by Judgment given by the Lord Mayor and Aldermen in the Hustings.
1. R. 2. Writs were directed to the Sheriffs of Essex and Kent, Reciting the Cities Title, with Command not to suffer the Citizens of London to be molested contrary to the Liberties formerly granted and allowed unto them.
II. Secondly, In point of Right by Allowance in Eire, the Conservation of the Thames belongs to the City: For it was produced that 1 R. 2. before Hugh Bigot, Justice I••enerant, the Sheriffs and Citizens of London were called in Question for their Jurisdiction exercis'd on the Thames, be∣fore whom it was found, by a Jury in Southwark, Quod nullus habet aliquid Juris in Thamisia, us{que} ad Novum Gurgitem nisi Civis London.
In the 14, E. 2. The Constable of the Tower was Indicted by Divers Wards of London before the Justices in Eire at the Tower, De muneris & recep. Cove, pro Kedellis in Thamisiis & Consta∣bularius ad Kidellas respondet quod Justic. non habent Jurisdictionem extra London, prolitum: inde cognoscere cum praedict. Kidelli sunt in aliis Comitatibus, & Justic. dixerunt, aqua Thamisiae pertinet ad Civitatem London, usque Mare, & si velit respondeat; Who then Pleaded, Not Guilty.
III. He went further, in point of Right; that this Jurisdiction belonged to the City by antient Charters, 8 R. 1. that is 480 and odd Years ago. Dominus Richardus Rex, Filius Regis Henrici secundi con∣cessit & firmiter praecepit, ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Tha∣misia; —1. Joh. Rex concessit, & firmiter praece∣pit ut omnes Kidelli qui sunt in Thamisia vel in Medway amoveantur, & ne caeteri Kidelli alicubi ponantur in Thamisia vel in Medway super forf. 10 1. sterlingorum.
Then he urged the Famous Charter of King Henry the III. which ran thus:
Henry by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, and Aquitain, and Earl of Anjou, un∣to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, Justices, Sheriffs, Stewards, Ministers, and to all Bayliffs and to all his True Men, Greeting: wotteth well, that we for the health of our Soul, and the health of the Soul of King John our Fader, and the Souls of our Ancestors; and also for the Com∣mon profit of our City of London, and of all our Realms, have Granted and stedfastly Commanded, That all the Weares that be in Thames or in Medway be done away: and that from henceforth no Weares be set in Thames or Medway, upon the forfeiture of 10 1. Also we claim quit to our Citizens of London, all that, that our Constable of our Tower of London was wont to take of the said Weares. Wherefore we will, and stedfastly Command, that no Constable of the aforesaid Tow∣er at any time from henceforth forward, any thing ask, nor any Grievance do to any of the same City by E••cheson of the same Weares; it is to us known enough, and by our true Men do us to understand, that most privacy and least profit might fall unto the same City, and to the whole Realm by Enche∣sen
of the same Weares; which we make for ever firm and stable unto the same City, as the Charter of our Lord King John our Fader, which our Ba∣rons of London thereof have reasonably Witnes∣sed. Witnesses Eustace of London, Peter of West∣minster, &c. at Westminster the 18th of February, in the Year of our Reign Eleven.Besides these he produced divers others in this King's Reign to the purpose aforesaid, and the 7th. of E. III.
IV. This Jurisdiction belongs to the City of Lon∣don by Acts of Parliament, W. 2. cap. 47. an. 13. No Salmons to be taken from the Nativity of our Lady, unto St. Martins Day in all points, nor none to be taken in Mill-Pools from the midst of April, until Midsummer, under penalty for the first Offence, of burning of Nets and Engines; the second Offence, Imprisonment for a Quarter of a Year; the third Offence, for a whole Year.
13. R. II. confirms the restraint of taking Sal∣mons in many Waters, from the midst of April, un∣til Midsummer, upon the same pain; nor within that time to use any Nets, called Stalkers, nor any other Engine, whereby the Fry may be destroyed. He urged likewise 17 R. II. cap. 9. and the 11. H. VII. cap. 15.
1 Eliz. cap. 17. Against Nets, Wheeles, and other Engines, for destroying the Fish, against kil∣ling of Salmon and Trouts out of season, against killing Pike or Pickerel, not ten Inches long, or Salmon not 16 Inches long, or Trout not 8 Inches long, or Barbel 12 Inches and more; nor to Fish with any Nets, but such whereof every Meash or Mash shall be two Inches and a half broad, An∣gling excepted. This not to extend to Smelts, Roches, Minoes, Bullhead, Gudgeons, or E••les, in place where the same have been used to be taken, The Offender to lose for every Offence. 20 ••s. and
the Fish, also the unlawful Nets, Engines and In∣struments.
The Mayor of London (Inter alia) hath full Pow∣er and Authority by this Act to Inquire of all Of∣fences Committed contrary thereunto, by the Oaths of 12 Men or more, and to Hear and Determine all and every the same, and inflict Punishments, and impose Fines accordingly.
V. He proceeds to assert the Cities Right, to the Conservation of the Thames, and the Waters of Medway, by way of Inquisition, whereof there were two, the one taken at Raynam in Essex, the other at Gravesend in Kent, before Sir William Cambridge Grocer. then Lord Mayor of London, 9 Henry V. where it was presented, that whereas by the antient Ordinances of London, the Meshes of Nets should be two Inches in the fore part, and one Inch in the hinder part, and it being found that the Offences according to the said Inquisitions, are Contra li∣bertates & consuetudines Civitatis, it was adjudged that the Nets should be burnt, according to the antient Custom in that behalf provided.
VI. He goes on after to prove that this Right belongs to the City by Decrees. In 8 Henry IV. the Mayor and Aldermen did exhibit their humble Pe∣tition to the King's Councel, reciting, that (time out of mind) they had the Conservation and Cor∣rection of the River of Thames, of all Trincks, Nets, and other Engines whatsoever, in the River of Thames and Medway placed, and have used to make a Sub-Conservator under them: and complaining that Alexander Bonner then Sub-Conservator, hav∣ing discharged his Duty in removing Kiddles, he was ill intreated by the owners, dwelling in Erith, Bra∣triferry, Barking, Woolwich, and other places in the Counties of Kent and Essex: and upon hear∣ing
of the matter in Camera Stellata, they were found Guilty, and Constrained to submit themselves to the Lord Mayor, and ordered to bring always their Nets unto him, before they should use them, and that the Kiddles then taken should be at the disposition of the Lord Mayor: so the Offenders made their submission accordingly.
VII. He proceeds; This Right appertains to the City of London, by Letters Patents, which he pro∣ved by a Grant made by Edward IV. to the Earl of Pembroke, for setting up a Wear in the River of Thames: which Grant was Revoked, and Cancelled at the Request of the Lord Mayor and Aldermen, upon shewing their Right, therefore alleaged it was contrary to their antient Liberties. At which time the Cities Title to the Conservancy of the Thames and Medway was at large set forth, and recited to have been shewn to the Lord Chancellor, and to the said Earl and his Counsel, which accordingly was also read.
VIII. He reinforceth the Right of the City by Proclamations, whereof one was made by H. VIII. in the 34 of His Reign, wherein it is affirmed, that the Lord Mayor and his Predecessors, have had by divers Grants of the Kings of England, and by Acts of Parliaments enjoyed always the Conservacy of the Thames without Impediments or Interrupti∣on: By which Proclamation it was Commanded that none should resist, deny, or impugne the Lord Mayor or his Deputy in doing or executing any thing that might conduce to the Conservacy of the River, and of the Fish and Fry within the same.
IX. He produceth Report, for in a Contro∣versie betwixt the Lord Admiral, and the Lord Mayor, for the Measuring of Coals and other things
upon the Thames, it then fell into Debate, to whom the Conservacy of the Thames did belong, which cause was referred by Queen ELIZABETH's Coun∣cel of State, 1597, to the Attorney-General, and So∣licitor, who joyntly Certified amongst other things, that the Conservancy and care of the said River, did, and ought, to belong to the City of London.
X. By quo Warranto it was proved that the Conservacy of the Thames, belongs to the City: for 3 Jac. a quo Warranto was brought against the City in the Exchequer, to know by what Title She claimed the Conservacy of the River of Thames, and the Waters of Medway; whereupon the City made Her Title Good thereunto, by antient prescription, and otherwise: so Judgment was given in Her Fa∣vour.
XI. He goes on afterwards to confirm the Right of the City, by Proof of Ʋsage, in regard the Lord Mayor and Aldermen have time out of mind made Ordinances, concerning the Good Government of the River of Thames, as well for the Seasons and Manner of Fishing beneath London-bridge Eastward, upon pain of certain Penalties, as appears from time to time, from the Reign of Henry III. and so down∣ward.
The Lord Mayor hath removed Kiddles, Wears, Trinks, and other unlawful Engines, and reformed the disorders of such as have offended besides in the River of Thames, and inflicted punishment upon Offenders accordingly.
The Right of the City appears also by the Writs, and Preceps under the Teste of the Lord Mayor, to the Sheriffs of Kent and Essex, for the Returning of Juries before him, to inquire of Offences done in the River. The same Right of the City appears also by Commissions, whereof divers have been directed
to the Lord Mayor, to put in Execution the, Acts of Parliament, made for Conservance of the Thames and Medway, and to inquire of all Offences made, or done in the said Waters, and to punish the De∣liaquents accordingly.
Lastly, He makes good the Right and Title of the City, by the Continual Claim She has made thereunto, as appears in those various Contests She had with the Lord Admiral of England, wherein af∣ter divers Debates and Disputes, She still came off well, and made Her Title good. Which moved King Jamts in the third Year of His Reign, to put a Final Determination to the Business, by the Let∣ters Patents he passed unto the City, wherein he saith, That ad omnem Controversiam in hac parte Temporibus, tam presentibus quam futuris tollen∣dam, & omne Dubium amo vendam; that to cut off all Controversies, as well of the present times, as of Future, and to remove all Doubts, he did Con∣firm and Ratifie the said Right unto the City of London, &c.
I. This Office of Conservator of so Noble a River, is of great Extent, for he is to preserve the Cur∣rency of the stream, on the Banks on both sides.
II. To preserve the Fish and Fry within the same, that no Fishermen use unlawful Nets or Engines, or fish at Prohibited Seasons.
III. To hinder the erection of any Weares, Kid∣dles, or Engines, and the knocking in of any Posts, Piles, or Stake., which may in any sort hinder the Stream, or Navigation; and to pull them up, if al∣ready done, and punish the Offenders: also to pre∣vent all incroachments upon the Rivers, and the Banks thereof: likewise to inquire of all Bridges,
Flood-Gates, Mill-dams, and such like Annoyances; and whether any do hurl in any Soyl, Dust, or Rub∣bish, or other Filth whatsoever to choak her.
But for the strength and safety of the River against the Invasion of an Enemy, by Block-Houses, Forts, Bastions, or Castles, and the securing of the Merchant and Navigation to and fro, that Charge belongs to the Soveraign Prince.
The former Charge, Care, and Circumspection belongs properly to the City of London, which is Seated in a fit place to be watchful over her, for which Vigilance, the Thames Rewards the City abundantly, by bringing her in the Spices of the South, the Jewels of the East, and the Treasures of the West, yea a considerable share of the richest Merchandizes of the World, &c. so that this Fa∣mous River may be said, to be (as it were) the Ra∣dical Moysture of London, and its best Friend; which was hinted by the Lord Mayor to King James; for the King being displeased, because the City would not lend Him a Sum of Money, told the Mayor and Aldermen, that he would Remove His Court with all the Records of the Tower, and the Courts of Westminster-Hall, to another place, with further expressions of that kind. The Lord Mayor calmly heard all, and at last Answered, Your Ma∣jesty hath Power to do what You Please, and Your City of London will obey accordingly; but She hum∣bly Desires, that when Your Majesty shall remove Your Courts, You would please to leave the Thames behind You.
Besides the inestimable Benefit that this Noble River brings to the City, and the Adjacent places, by the easie conveyance of all Sorts of Goods and Mer∣chandizes, almost all the Fuel for Firing being also brought by it from Newcastle, Scotland, Kent, Es∣sex, &c. It supplies the City in very many places
with excellent wholsom Water, convey'd into all the Adjacent Houses by Water Engines, of great cost and Artifice. So much for the Thames.
The City of London is supply'd with pure Spring-Water, from above Twenty Conduits, so Commo∣diously placed, that they serve all the Chiefest parts of the City. And in all parts, though on the highest Ground, It is abundantly Served with Pump Water, and those Pumps in many places hardly. Six Foot deep in the Ground.