Acts of Parliament and their relevance

 

 

1531 Statute of sewers act

1588 Timber Act

 or of any Part of the Rivers of Thames , Severn, Wye, Humber, Dee, Tine, Teese, Trent or any other River, Creek or Stream, by the which Carriage is commonly used by Boat or other Vessel to any Part of the Sea;

 

1472 An Act for Wears and Fishgarthes.

Summary

 - the act provided for the removal of weirs and fishgarths (A form of net for the trapping of fish) from rivers. The powers were enacted by Royal Commisisoners (As evidenced in the Lisle Letters).

For the existence of historical common law right of Navigation

It is argued that among other things the act authorises the removal of these objects as obstructions to Navigation  The Act did not need to create a right of navigation as one already existed.

It had this to say about why action was needed

"Contrary to which Great Charter, and all the Statutes aforesaid, in divers Parts of this Realm of England , both in the destroying of the Fish, as afore is said, and in Disturbance of the Passages of Ships, Barges, Boats, and other Vessels, by divers and many People divers Fishgarths, Mills, Milldams, Millstanks, Locks, ebbing Wears, Stakes, Kedels, Hecks, or Floodgates, and divers other Disturkances, be daily enhansed, levied, and enlaged, to the great Damage of our Lord the King, and of his faithful Lieges:"

Great Charter - Magna Carta

Against the existence of a common law right of Navigation

The act was soley for the removal of the weirs and fishgarths and did not apply to all rivers
It only applies to the 'Great Rivers' of England (The Thames, Humber, 

Previous acts

1402 - Commissions shall be awarded to Justices,&c. to inquire of Wears, Kidels, &c

That Commissions be made in due Form to sufficient Persons to be Justices in every County of England , where need shall be, to survey and keep the Waters and great Rivers there, and to correct and amend the Defaults, and to make due Execution of the said Statutes,

This act refers to commisioners in every county - the great rivers must not be limited to the named rivers (Thames, Humber, Ouse and Trent)