Lawlessness on the River Severn.

SOME interesting particulars, concerning the perils which beset traders on the River Severn in the fifteenth century and later, are to be found in the Statutes of the Realm, Vol. 11. portions of which are appended.

The town of Tewkesbury had been a great sufferer by the lawlessness which prevailed, and consequently the Bailiffs, Burgesses, and Commonalty sought a remedy for these evils, and the punishment of robberies and injuries committed by rovers of the Forest of Dean and others.

8 Hen. VI, c. 27. 1429-30

       " Forasmuch as the Commons of the Realm of England being in the same Parliament, at the instance and especial Request of the faithful liege People of our Sovereign Lord the King, the Bailiffs, Burgesses, and Commonalty of the Town of Tewkesbury, within the County of Gloucester, have made to our Sovereign Lord the King, a very grievous complaint in the same Parliament: That whereas the said Town of Tewkesbury is adjoining to the River of Severn, within the said County of Gloucester, which River is common to all the liege People of our Sovereign Lord the King, to carry and bring within the Stream of the said River in Boats, Trowes, and otherwise, all Manner of Merchandise and other Goods and Chattels, to Bristol and to every part adjoining to the same River ; in which River divers Persons of the said Town of Tewkesbury, oftentimes and now of late, have charged their proper Vessels and Trowes with Wheat, Rye, and other Corn and Goods, to the value of Five Hundred Pounds ; and so the same Vessels and prowes, so charged, have conveyed in the same river towards the said Town of Bristol by the Coasts of the Forest of Dean, within the said County of Gloucester, joining to the said River; there have commonly great Multitude of People and Riots of the Commons of the same Forest, and of the Hundreds of Bledistow and Westbury, with great Riot and Force in Manner of War, as enemies of a strange Land, and with force, have spoiled the same Persons of the said Vessels, and taken of them all their Com and Goods within the same Vessels, and the same Persons have menaced and threatened to put to death, if they made any Resistance, or any Suit, Quarrel, or Complaint, or the same, to the great Hindrance, Loss, and Impoverishment of the said Persons, and Oppression of all the Country there adjoining ; and afterward the same Our Sovereign Lord the King, by the Advice and Agent of his Council, sent his Letters of Privy Seal, directed to various Persons of the said Forest, to make open Proclamation that no man of the said Forest should be so hardy to inquiet or disturb his People to pass by the River with all manner of Corn, Goods, and Chattels, or any other Merchandise, upon the Pain of Treason; after which Proclamation, so made, the said trespassers came to the said River with more greater Routs and Riots than ever they did before: not esteeming nor regarding the said Letters of Privy Seal, and there spoiled at divers Times, Eight Trowes of Wheat, Rye Flouer, and divers other Goods and Chattels, and the People of the same Trowes, did throw over the Board, and divers of them drowned; and the Stems of the said Trowes did cut away, and did threaten the Owners of the said Goods and Chattels, and also the People of the said Trowes, that they should not be so hardy to carry no manner of Victual by the said Stream, much nor little, for Lord nor for Lady, and that they would hew all to pieces the said Boats, if they came another Time by the Coasts of the said Forest of Dean. For the which Riot and Rebellion no Person of the said Town of Tewkesbury, nor of the Country adjoining, dare not carry any Com, nor other Goods, nor Chattels in the said River; nor pursue to remedy for such Oppressions and Griefs to them done, forasmuch as the said Forest of Dean and Hundreds be very large, and the People inhabiting and resident in the same, very wild, and nigh adjoining to the Country of Wales, and all the Commons of the same Forest and Hundreds of one Affinity and Confederacy in Malice and Riot, not pondering nor regarding the Law, nor the Officers and Ministers of the same, nor caring for the Process, nor the Punishment of the Law of the Land, insomuch that they will not obey, but at their own risk, any Minister of the King's Laws, nor Execution of the same ; nor the Officers, nor Ministers of the Law of the said County, dare not in any wise come into the said Forest, to execute any Matter or Process of the Law against the Will and Intent of the Commons of the Forest and Hundreds aforesaid : our Sovereign Lord the King, having tender respect and consideration of the said Mischiefs, and also considering the Inconveniences which be like to ensue and follow upon the same; and upon that willing to resist the Malice of such Transgressors and Offenders, and to provide hasty and covenable Remedy for his said faithful liege People, so grieved in this Behalf,

By the Advice and Assent of the Lords Spiritual and Temporal, being in this present Parliament, and at the special Request of the said Commons there assembled, hath ordained by authority of the same Parliament, that in every such Case hereafter to come, or else had or chanced this last year past, the Sheriff of the said Country, or the Bailiffs of the Town of Gloucester for the Time being, or one of them, upon Pain of Forfeiture of Twenty Pounds to be levied of their Lands, Goods, and Chattels, to the use of our Sovereign Lord King, make Proclamation at the said Town of Gloucester within Four days next after Notification made to them, or to any of them by the Persons so endamaged or by any other in their Names, of such Injuries and Trespasses done, and that the said Trespassers and Offenders shall restore in the same Town of Gloucester within Fifteen days after the said Proclamation, to the said Persons so endamaged, their said Com and Merchandise, Goods and Chattels so taken, or the very value of the same, to the Parties so grieved in the Form aforesaid, with reasonable Amends for their Damages ; nor that the said Tresspassers be not brought to the King's Prison, to the Castle of Gloucester for the said Trespasses, by the Officers of the said Forests and Hundreds, or by the Commonalties of the same to be demeaned in such case by the King and his Council, that then by Consideration of the Statute of Winchester, put for the Robbery of any Person which giveth an Action for him which is robbed against the Hundred within which the same Robbery is done, after the Form of the said Statute the said Commonalties shall be charged of the same Corn and Merchandises, Goods and Chattels so taken, or of the very Value of the same to the Parties so grieved, to satisfy them of their Damages for the same taking ; and that the said Parties so endamaged and grieved, may have their general Actions of Debt against the said commonalties of the said Forest and Hundred of the sum of Money to which the Value of the Corn, Merchandises, Goods, and Chattels so taken do extend; and although the said commonalties be no Commonalties Corporate, yet they shall have Process in such Actions of Debt by Summons, Attachments and Distress, as if he were to have an Action of Debt at the Common Law, so that if the said Commonalties make Default at the Second Distress in such Actions, that then the Party which shall have Judgement to recover his Debt against the said Commonalties after the Supposal of their Goods in the Form aforesaid with his reasonable Damages and Expenses; and whatsoever Issue triable by Inquest in the said Forest and Hundreds shall happen to be taken in such Actions, it shall be tried by Inquest of the body of the said County, out of the same Forest and Hundreds. And that the Goods and Chattels of every singular Person of the said commonalties, for the time being, shall be had, taken, and holden in law convict, as the Common goods and Chattels of the same commonalties, touching the return, serving, and all executions of writs, processes and judgements in and of the said actions. And that every singular Person of the said Forest and Commonalties, have power and authority of the Parliament to attach and Arrest the said Trespassers by their bodies, as well within the same forest as without, and them so Arrested to commit to the said prison. And that the Keeper of the same Prison upon pain of Forty Pounds, to be levied of his Goods and Chattels, lands and tenements, to the use of our Sovereign Lord the King, shall safely keep every Person so committed to his custody, till the time that the King or His council hath Ordained and Provided their deliverance of record. And if the Goods or Chattels of any singular Person or Persons of the said Forest or Hundreds being not guilty of the said Robberies, happen to be put in Execution because of any such Judgements or Actions, that then the said Person or Persons so being not Guilty, may have their special Action of debt or Trespass upon their Case of the Goods and Chattels so put in execution against the said trespassers, to Recover their damages, as well for the Value of the Goods or Chattels so put in execution, as for their Damgaes and Costs which happened to be had because of such Actions of Debt; and they shall have such Processes in the said Actions of Debt or Trespass, as is to be had in the said Actions of Debt for the said Persons so Endamaged and Spoiled. "

Again, in 9 Hen. VI., c. 5, 1430- 1, provision is made for free passage in the River Severn with goods, etc. : —

Item. "Because the River of Severn is common to all the King's liege People, to carry and re-carry within the Stream of the said River, to Bristol, Gloucester, and Worcester, and other Places joining to the said River, all manner of Merchandises and other Goods and Chattels, as well in Trowes and Boats as in Flotes, commonly called Drags, in every Part joining to the said river, within which River many Welshmen and other Persons dwelling in divers joining to the said River, have now late assembled in great number, arrayed in manner of War, and taken such Flotes, otherwise called Drags, and them have hewed in Pieces, and with Force and Arms beaten the People which were in such Drags, to the Intent that they should hire of the said Welshmen and other Persons, for great Sums of Money, Boats, and other Vessels for Carriage of such Merchandises and other Goods and Chattels, to an evil Example and great Impoverishment of the said liege People, if Remedy be not hastily provided. It is ordained by Authority of this Parliament, that the said liege People of the King may have and enjoy their free Passage in the said River, with Flotes and Drags, and all manner of Merchandise, and other Goods and Chattels at their Will, without Disturbance of any ; and if any be disturbed of his free Passage in the said River, the Party grieved shall have his Action according to the Course of the Common Law."

This Statute was amended by 19 Hen. VII. c. 18 (1509-4),

For free passage upon the River Severn.

To the King, our Sovereign Lord, prayen the commons in this present parliament asembled, That where time out of mind, merchants, victuallers, and all other your liege people of this your realm, at their pleasure have had and used free course and passage through and upon your river and water of Severn, within this your realm, with ships, trows, boats and all other their vessels, to carry and convey their merchandises, victuals and other goods, from town to town, and from place to place, without interruption, trouble,vexation, let or disturbance, and without any thing therefore paying or giving, until late time that divers merchants and others of this your realm of England were by divers and certain misruled persons, inhabited in the Forest of Dean, and other places to the said river adjoining, wrongfully letted, vexed and interrupted; (2) whereupon for the sure and peaceable passage and course upon the same water and river of all the King's liege people to be had and continued, divers acts and laws were made and provided, and in especial one in the ninth year of the reign of the most blessed, and of famous in memory, your uncle King Henry the sixth, by the which act it was established, ordained and provided, That all your liege people, and every of them, should have their common anf free passage upon your said river and water with their trows, boats and other vessels, form Bristol, Gloucester, Worcester, and other places, without let, interruption, or denier; (3) and if any of your liege people or subjects were of their said course or passage letted or disturbed, that they should have actions of trespass against the offenders in that behalf; (4) and the premisses not withstanding, divers persons late and now, being your officers of and in your city of Worcester, and town of Gloucester, and other places adjoining to your said river and water, will not suffer any boat, trow or other vessel, to pass through and upon your said river and water without divers impositions by them thereupon set, and by them levied, gathered, and reared upon the merchants and owners of the said goods and merchandises, by the said river and water passing, in manifest contempt of your said laws, and breach, of the laudable custom aforetime remembered. (5) Pleas it therefore your Highness, the premises considered, by the advice and consent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authority of the same, do ordain, establish, and enact, That whatsoever person or persons, of what estate, degree, or condition he or they be of, that hereafter any imposition of any of the King's liege people, for trow, boat, or any other vessel, for any goods mor merchandises carried or conveyed in or upon the said river and water of Severn , or let, vex, or interrupt any boats, trows, or other vessels so passing by the sais river or water, for any such imposition or otherwise against your laws, that every such person or persons, so doing and offended, shall forfeit to the King our Sovereign lord for every such offence xx.l.(6) and for every such sum or sums so forfeit, the party grieved, and all other persons that will sue for the same forfeiture, shall have and sue an action popular of debt, as well as to and for the use of our sovereign lord the King, as to the use of him that shall so sue for it in his own name; and that our sovereign lord the King have two parts of the said sum so forfeited, and the party that so shall sue for the same, have the third part thereof: (7) and the party defendent in every such action shall not be received to wage his law, and also be outed of all dilatories in the same action, as protections, essoin, and other.(8) and if it fortune the parties in any such action to defend or plead to any issue, for any offences done or committed contary to the premisses, triable in the city of Worcester, or the liberties of the same, then the same issue to be tried by twelve men within the county of Worcester, not dwelling nor having any lands within the same city, ne the suburbs of the same. (9) and if the party aforesaid in any such action defend and plead to an issue, for any such offence done or committed contrary to the premisses, triable in the shire of the town of Gloucester, or in the county of Gloucester, the same issue to be tried by twelve men of or in the county of Gloucester, thereto adjoining, not having any lands, ne dwelling within the same shire of the town of Gloucester. (10) Provided alway, That this act, nor any thing in the same contained or specified, in any wise extend, nor be prejudicial or hurtful, to any person or persons having any lands or meads adjoining to the said stream or water of Severn, to take of every person or persons going upon his or their said lands or meads, and haling or drawing any such trow, boat, or vessel, reasonable recompence and satisfaction for such hurts and offences, as he or they having such lands adjoining to the said stream or water, shall sustain by reason of any such going or drawing of any such trow, boat, or vessel. (11) Provided alway, That if any person or persons spritual or temporal, or any body corporate, come before the lords of the King's honourable council in the Star-Chamber at Westminster, at any time hereafter before the feast of the ascension of oue Lord, that shall be in the year of our Lord God. M.D. and v. and there make any sufficient proof and lawful title of their own offer, or by other means, before the same feast, to have any manner of duty and imposition of and for any manner, boat, trow or other vessel aforesaid, or for any merchandises or goods in any of the same carried and conveyed in and upon the said river and water of Severn, and the same proof and title by the said council admitted, and decreed before the same feast to be good and available to the party or parties that sue for the same; that then from thenceforth after such proof and title shewed, and so by the said council admitted, and by them before the same feast decreed to be good, those persons having such lawful title may and shall have, from the time of that decree made, all manner such duties of every of the King's liege people for carrying or conveying any boat, trow, or other vessel, in and upon the said water of Severn, according to their title and right so proved and decreed, after the manner and form of the said title and decree; this present act, or any thing therein contained in any wise notwithstanding.

From the Tewkesbury Yearly Magazine, June 1832.

           The carrying trade on the River Severn experienced, for several weeks, considerable interruption, owing to the men, called bow-halliers, (whose occupation it is by bodily labour to tow the vessels in gangs along the river,) having risen in determined resistance to the employment of horses for such a purpose. Some years ago, two acts of parliament were obtained, under the powers of which a line of towing-path for horses was formed along the banks of the Severn, between Gloucester and Bewdley: by this method, principally, the trows have been since towed up and down the river; but the halliers recently became impressed with the idea, that the period for which these acts were passed had expired, and that, consequently, the use of horses ought now to be discontinued. To this erroneous notion may be attributed the violent outrages which ensued. The first disturbance commenced at Gloucester, where the horses were forcibly taken from the vessels, and the gates on the towing-path nailed up; the example soon spread to Tewkesbury; and at Upton and Worcester the riots were of a very serious nature. The Upton troop of yeomanry cavalry, under the command of the Hon. W. Coventry, was sent to Tewkesbury on the occasion; and other troops of the Worcestershire yeomanry were stationed at different places on the line of the river. Some of the principal offenders were apprehended and fined, and others were committed to gaol; and when at length they became fully convinced of the illegality of their proceedings, and found that it was the determination of the proprietors of the towing-path to enforce the penalty of the law against all who were proved to have taken an active part in the riots, the poor deluded men no longer attempted to force a compliance with their wishes. It is to be lamented that any industrious class of labourers should be unable to obtain employment; but it is obvious, that were a body of men permitted to take the law into their own hands, and to dictate how the trade of the country should be carried on, neither private interests nor the public peace could be preserved. These towing-paths were originally formed, because it was found that the towing of vessels exclusively by men was attended with much inconvenience, disappointment, and loss of time. The use of horses has been found desirable, not only by the owners of the vessels, but by those who adopt a water conveyance for the transit of their goods, and especially by the occupiers of. land on the banks of the river, who previously sustained much injury in various ways. Upon the faith of the acts of parliament, a considerable property has been invested in the towing-paths, and were these interruptions not prevented, that property must be materially deteriorated, to the serious injury of the holders of shares. The following is a comparative statement of the charges made to carriers on the Severn, for navigating by horses or men, between Gloucester and Stourport:—a barge of twenty tons burthen would require one horse, the expense of which, including the driver, is 1l.2s. The wages of eight men (the number considered equivalent to the draught of a horse) at 4 shillings ten and a half pence per day, including subsistence, amounts to 1l 19s.—a most important difference, independently of the additional time necessarily required where men are employed.

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