THE NAVIGATION INTERESTS. 29 
weirs or engines fixed wholly or partly across the stream for 
' the purpose of intercepting, among other fish, the migratory 
salmonide. 
Not that this clause was prompted by a regard for 
the interests of the fisheries. The £7zde//i were a serious 
obstruction to the navigation of the river, then the 
principal, and almost the only, highway. The maintenance 
of an unimpeded waterway was the first consideration : 
the protection of the fisheries was only a secondary object, 
if, indeed, it was at that time thought of at all. The injury 
done to the salmon fisheries by weirs was not recognised 
till afterwards, and it was only by an afterthought, in later 
years, that the framers of Magna Charta were credited with a 
desire to protect the fisheries when they directed the 
pulling down of the weirs: for, although several subsequent 
statutes recite (as in 25 Edw. III. c. 4) that “the common 
passage of boats and ships in the great rivers of England 
be often times annoyed by the inhansing of gorces, mills, 
wears, stanks, stakes and kiddles, in great damage of the 
people” * and proceed to order their demolition, it is not till 
1472 that the protection of the fisheries is claimed as one of 
the objects of the Charter. Inthat year the Act 12 Ed. IV. 
c. 7,” recites that the clause against kidels in “the great 
and laudable statute of Magna Charta was made for the 
1 Item pur ce qe communes passages de neefs & batelx en les 
grantz rivers d’Engleterre si sont sovent foitz destourbez par le lever 
de gortz molins estanks estackes & kideux en grant damage du people 
(25 Ed. III. c. 4). 
2 “tem come per le laudable estatuit de Magna Carta entre autres 
choses est ordeigne, de toutz Kidelx per Thamese & Medewey & per 
tout le Roialme Dengleterre serroient oustiez, sinoun per les coostez 
del mear. Quele estatuit fuist fait pur graund bien de tout cest terre, 
en outstant lez streitures des toutz rivers, ensi ge lez niefs & bateulx 
avraient en yceux lour fraunk & large passage, & auxi en salvation de 
tout frye de pesson procreez en lez mesmes.” 
