Note 721 — MAGNA CARTA. (continued 4)

It seems to have been generally assumed that these charters conferred positive as well as negative privileges on the citizens of London; that not merely were obstructions to navigation thereby prohibited in their interests, but that wide rights of administration and jurisdiction over the waters of the Thames were conferred on the city authorities (rights which previous to 1197 had been exercised, it is assumed, by the Constable of the Tower of London). See Noorthouck, New History of London (1773) p. 36, and Luffman, Charters of London (1793) p. 13. The latter says of Richard’s grant in 1197: “By this charter the citizens became conservators of the river Thames.” The Patent Rolls of 33 Edward I.; 5 Edward III.; 8 Edward III., etc.; contain Commissions of Conservancy. See Moore, ibid., p. 176. In 1393 the statute of 17 Richard II. c. 9 granted authority to the Mayor of London to regulate weirs likely to destroy fish, and generally to “conserve” the Thames from Staines downwards, along with the Medway.