A History of Inland Transport and Communication in EnglandPratt, Edwin A.
History
A History of Inland Transport and Communication in England
Pratt, Edwin A.
Communication and traffic -- Great Britain; Transportation -- Great Britain -- History
The Severn itself was naturally navigable from Welshpool, Montgomeryshire,
a distance of 155 miles by a very winding stream to where the river empties
itself into the Bristol Channel. This was the greatest length of
navigation, unaided by artificial means, of any river in the kingdom. The
early Britons passed along it in their coracles, and, as these were
supplemented by vessels of an improved type, trade was developed, towns and
cities--each a storehouse or an entrepôt for a more or less considerable
area--began to arise on the banks, while Bristol attained to the dignity of
a great national port when Liverpool was still only an insignificant
fishing village.
It was in connection with the Severn that the question arose as to the
right of the community to regard a navigable river as a public highway, the
same as if it were a road dedicated to general use.
The writer of the article on "Rivers" in the "Penny Cyclopædia" (1841)
observes that: "In rivers which are {113}navigable, and in which the public
have a common right to passage, the King is said to have 'an interest in
jurisdiction,' whether the rivers were the King's property or private
property. These rivers were called 'fluvii regales,' 'haut streames le
roy,' or 'royal streams,' because of their being dedicated to public use,
all things of public safety and convenience being under his care and
protection." Navigable rivers being thus, the writer continues, the King's
highway by water, many of the incidents belonging to a highway on land
attached to such rivers, and any nuisances or obstruction upon them, even
though occurring on the private land of any person, might be made the
subject of indictment.
In regard to the Severn and the right of access thereto, it was found
necessary, in 1430-1, following on complaints which had been made to
Parliament, to pass an Act (9 Hen. VI., c. 5) for the protection of boatmen
in the Severn estuary against "many Welshmen and ill-disposed persons" who
"were used to assemble in manner of war and stop trows, boats and floats or
drags on their way with Merchandise to Bristol, Gloucester, Worcester, and
other places, hewing these craft in pieces, and beating the sailors with
intent to force them to hire boats from the said Welshmen, for great sums
of money, an evil example and great impoverishment of a King's liege
people, if remedy were not hastily provided."
Under this Act the Severn was declared a free river for all the King's
subjects to carry on within the stream of the river. The Act made no
mention, however, of any right on the part of the boatmen to use the land
alongside the river for the purpose of towing their vessels; and in regard
to this point the writer in the "Penny Cyclopædia" says: "Though a river is
a public navigable river, there is not, therefore, any right at common law
for parties to use the banks of it as a towing path."
Public-domain text, read in full here on John Shaqi.
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