Shakespeare's environment

by C. C. Stopes

The Commons shewing by their petition that the passage of boats in the Rivers, and also Meadows, Pastures, and Arable Lands adjoining the said Rivers be greatly troubled, drowned, wasted, and destroyed by the outrageous inhansing and straitening of Wears, Mills, Stanks, and Kiddles of old Time made, and levied before the time of the said King Edward, son to King Henry, whereof great damages and losses have oftentimes happened to the people of the Realm, and daily shall happen if remedy thereof be not provided: It is accorded and stablished, by the Assent aforesaid, that the said Statutes in all their articles shall be firmly holden and kept, and also duly executed.

The statute also provided that, if any freeholder had an old weir erected before King Edward’s time, and the Commissioners of the Thames desired him to improve it, he should do it at his own cost. No new ones were to be built and no old ones enlarged. This was confirmed 1 Hen. IV, c. 12; enforced 4 Hen. IV, c. 11, with new reference to the destruction of young fish; confirmed in 1 Hen. V, and in 2 Hen. VI, c. 12. “Because of much mischief done in destruction of people, ships, merchandise, fry of fish in the river of Thames without the bounds of London.” In 12 Ed. IV, c. 7, and 14 Ed. IV, the statutes again were confirmed against “Wears, Fishgarths, Kidels, &c., by Thamys,” which were reconfirmed in 11 Hen. VII. But it may be noticed that the statutes did not affect those weirs privileged by ancient rights or by royal possession. For instance, in the “History of Oxford,” by William Henry Turner (p. 54), there is given the Act 17 Hen. VIII (25 Sept.) for the regulating of the flood-gates, etc., of the City Mills; and in the June of 1545 “at a council held 24th June, 37 Hen. VIII., yt ys agreed that a certen lokk, lately erected, and called Ruly Myddell Lokk, shall be stopped upp, so that Mr Doctor Owen and his assignes shall not drawe the same and torne the water from the Kynges Mylle of the Cyty of Oxford; and also that all other sluces and lokks belonging to Ruly shall be stopped at such tymes as nede shall requyer to cause the water to have hys right course to the seid mylls,” p. 177. All the inhabitants were bound to grind their corn at “the Castle Mills,” p. 179. At the putting down of the monasteries, Oseney Abbey was leased to William Stumpe, Clothier, of Malmesbury, and “the Mylles, the Waters, with the fyshyng, apperteyning to Oseney, with the benefits of the water of Ruly, to helpe the mylles of Oseney.”

In the Harleian Manuscript, 2084, f. 165, there is a record of discussions about the mills and weirs of Chester, 1607, and precedents were brought forward showing how divers had been “presented” for obstructing the Thames, and had been acquitted. This shows that in Easter, 3 Hen. IV, John Shelforde, Lord of Gatehampton, held one lock on the Thames and one at Rumford, Berks; and the “Priorissa de Goring” held one weir in the same river. In 5 Hen. IV, Thomas Camoys narrowed the Thames at Chiselhampton, and in 6 Hen. IV, Elizabeth, Prioress of Goring, proved that all her predecessors had a right to a lock on the Thames.

In Stow’s Survey, Book I, p. 30 (ed. 1598, revised by Strype), he says of the Thames, that “it is lamentable to see how it is and hath been choaked of late with lands and shelves by the penning and wresting of the course of the water for commodities’ sake”; and at page 39 he speaks of Bishop’s complaints.

I had found these and several other manuscripts on the subject in the British Museum, before I turned to Stow. They seem to be the same that he referred to; but the originals are so interesting, both to the historian and to the lover of the river, that, as they have never been reproduced, I think it would interest all to read the words themselves. The first “complaint” does not seem to have been preserved, but the “reply” appears in Lansdowne Manuscript, XVIII, 62, endorsed “The Reasons of the Mylls, Locks and Weares to be uppon the River of Thames, 1574.” It runs thus:

A declaration of what is to be said and proved for the maytenance of Mylles, Lockes, and Weares, within the River of Thamys.

Fyrst the said Mylles, Locks, and Weres were erected and made, and so have contynewed for manye hundred yeres beyonde the memorye of anie man nowe livinge, without any challendge or interrupcion. The Lawes and Statutes of this Reallme, whereof the last was made in the XIIth yere of Edward the Fowerth that towcht the Reformacion of Locks and Weares, extends onelie to such as then were erected, to the disturbance of barges and other vessells, whereas at that tyme there was no comon passaige for barges, so farre as Marlowe or Byssham, as it is upon vehement presumpcion thought. And it is further to be moost manyfestlie proved that within the memorye of such as be yet liveinge, there were not above the nomber of fower barges, that passed so ferre into the Ryver of Thamyse as the said Marlowe or Byssham. And that such as then so passed were not above half the burden of such as nowe comonlie passe by the said River, beinge neare abowte the nomber of three score.

Item, it is most certeyne and true that such inconsiderate people, and namelie of the said Bargemen as wishe or desier the decaye or pulling downe of the said Lockes and Weares, desier therein but their owne greate hindrance, or rather undoinge, considering that it is most manifestlie to be proved, that without the said lockes and weares they could not passe. And that many tymes, and specyallie at lowe waters, they are inforced to desier the shuttinge of the said Locks to thende to convey water for the removinge of their barges when they are sett on grownde. And it is also very certeyne that if the said weares should be pulled downe there be such quantities of chalke and other rubbyshe therein, as that by the losinge thereof, such hills would growe in many places within the River of Thamyse, as that a small bote in many places thereof would hardly passe.

Item, that in case the said passaige should be disturbed, yt should not onelie tende to the greate lett and hindraunce of the Queenes Maties. provision and of her Highnes Cyttie of London, but also of divers of her subjects and people.

Item, that the provision for gryndynge of a greate parte of the Inhabitants corne within the counties of Bucks, Berks, and Oxon, resteth upon the mylles, that ben scituate and beinge within the said Ryver, which, without the said Locks and Weares could not be mainteyned, or grynde anye thinge, which, in case they did decaye, shoulde tende to be to the greate losse and hindraunce of the said inhabytaunts, who without the said mylls should be to seeke where to grynde their corne.