1472 pp

Magna Carta Signed June 1215

Paragraph 33; a clause for removing weirs

‘all wears from henceforth shall be utterly put down by Thames and Medway and throughout all England, except by the sea coast’

25 Ed,3 c.4 (1350); An Act to aid navigation

Whereas the common passage of boats and ships in the great rivers of England be oftentimes annoyed by the enhancing of gorces, mills, wear,

stanks, stakes and kiddels, in the great damage of the people, it is accorded and establish that all such gorces, mills, wears, tanks, stakes,

stakes and kiddles, which were levied and set up in the time of King Edward, the Kings granfather, and after,whereby the said ship and boats be disturbed that they cannot pass in such rivers, they were wont, shall

be out and utterly pulled down without being renewed

‘common passage of boats and ships in the great rivers of England’

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4 Hen 4 c. 11 (1402)-An Act to aid navigation and stop young fish being trapped.

‘Because by weirs, stakes and kedels, being in the water of the Thames, and of other great rivers of the realm, the common passage of ships and boats is disturbed. And much people perished and also the young fry of fish destroyed and against reason

wasted and given to swine to eat, contrary to the pleasure of God and to the great damage of the King and his people.’

‘Being in the water of the Thames, and of other great rivers of the realm, the common

passage of ships and boats is disturbed.’

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All kedels by Thamse and Medway, and throughout the realm of England, should be taken away, saving by the sea-banks

Whereas by the laudable statute , Magna Charta which was made for the great wealth of all this land, by removing the weirs, so that/hips and boats might have in them their large and free passage, and also in safeguard of all the fry of fish spawned within the same.

Because the common passage of ships and boats, in the great rivers of England were oftentimes disturbed by the levying of weirs, mills, millbanks, stakes, banks and kedels

1472 An Act for Wears and Fishgarthes

'Statutes that have been made for the pulling down or reforming of weirs and of the commissioners authority.' 'An Act of Wears and Fishgarthes.'  

the common passages of ships and boats in the great rivers of England, and also the meadows and pastures and arable lands adjoining the said rivers, were greatly disturbed, drowned, wafted and destroyed by the outrageous enhancing and restricting of wears, mills, mill banks, stakes and kedels, made in old time.

The reason for the Act was to reaffirm the great charter by removing weirs and kedels,

including fishgarthes

If the reason of the Act was to introduce a grant of positive rights, allowing access to navigation on all rivers,

even more controversial in those times, it would have said so in the long title

'Statutes that have been made for the pulling down or reforming of weirs and of the commissioners authority. An Act of Wears and Fishgarthes’

The Long Title

Where?

All kedels by Thamse and Medway, and throughout the realm of England, should be

taken away, saving by the sea-banks 1472 Act for Wears

and Fishgarthes

Where’s the controversy?

Whereas by the laudable statute,Magna Charta which was made for thegreat wealth of all this land, byremoving the weirs, so that ships andboats might have in them their largeand free passage, and also in safeguardof all the fry of fish spawned within thesame.HERE 1472 Act for Wears

and Fishgarthes

Because the common passage of ships and boats, in the great rivers of England were oftentimes disturbed by the levying of weirs, mills, millbanks, stakes, banks and kedels

Well lets look to why these measures were needed?

1472 Act for Wears and Fishgarthes

the common passages of ships and boats in the great rivers of England, and also the meadows

and pastures and arable lands adjoining the said rivers, were greatly disturbed, drowned,

wafted and destroyed by the outrageous enhancing and restricting of wears, mills, mill

banks, stakes and kedels, made in old time

So weirs and fishgarthes disturbed the common passage of ships, boats and fish in the great rivers. Did they cause any other harm?

1472 Act for Wears and Fishgarthes

What is a great river?

A navigable river then?

Yes. Larger rivers certainly have navigable rights

A river like the Thames or Medway?Is there an accepted right of navigation on these rivers?

Yes.And other rivers of their kind? Well yes then.

So a great river is a large river with an accepted right of navigation?

Wait a minute...

A fine river, a river to be proud of?

The word great is probably more a reflection of its size.

Without that single piece of ambiguity in 1472, is there be any legislation of the time that could demonstrate

navigation rights on all rivers in England had been afforded?

No.

Is there any commentary on what would have been a landmark ruling?

No.

Oh...

So what’s this then?

Dovedale and Wolfscote Dale open

for canoeing from 14th March

Would the courts be persuaded that a slight ambiguity in an Act drawn up 540 years ago was

conclusive legislation that overrides custom?

Would you?

Don’t paddle Dove Dale

We are working to agree access at times of high water, when its much

more fun anyway

You’ll blow it for everyone...