II.: The King’s interest in the Repair of Bridges.

Part at least of John’s motives for making an oppressive use of this prerogative must be sought in his rights of falconry. Whenever John proposed to ride a–fowling, with his hawk upon his wrist, he issued letters compelling the whole country–side to bestir themselves in the repair of bridges. Several such writs of Henry III. are extant. The exact words vary somewhat, but comparison leaves no room for doubt either as to the nature of the commands conveyed or the reasons for issuing them. Addressed to sheriffs of such counties as the King was likely to visit, these letters gave instructions for repair of bridges, and a prohibition against the taking of birds before the King had enjoyed his sport. Both points are well brought out in a Letter Close of Henry III., dated 26th December, 1234, which directed “all bridges on the rivers Avon, Test, and Itchen to be repaired as was wont in the time of King John, so that when the lord King may come to these parts, free transit shall lie open to him for ‘revaying’ (ad riviandum) upon the said rivers.” The sheriff is to issue a general prohibition against any one attempting to “revaye” along the river banks, previous to the coming of the King. The Latin verb, for which the Old English word “revaye” or “ryvaye” is an exact equivalent, has been the subject of misconception; but conclusive evidence has recently been adduced to prove that it referred to the medieval sport of fowling, that is to the taking of wild birds in sport by means of hawks and falcons.

These writs prove that the Crown claimed a preferential right to this form of sport along the banks of certain rivers; and these “preserved” rivers were said to be “in defence” (in defenso), a phrase which occurs also in a later chapter of Magna Carta.

Two distinct hardships were thus imposed by the King’s exercise of his rights of falconry, one negative and the other positive. Between the King’s intimation and his arrival at the indicated rivers, the sport of other people was forbidden, while whole villages had to forsake their ploughs to reconstruct otherwise useless bridges. A wise king would be careful to use such rights so as to inflict a minimum of hardship. John knew no moderation, placing “in defence” not merely a few banks at a time, but many rivers indiscriminately, including those which had never been so treated in his father’s day, and demanding that all bridges everywhere should be repaired, with the object, not so much of indulging a genuine love of sport, as of inflicting heavy amercements on those who neglected prompt obedience to his commands. Great consternation was aroused when John at Bristol in 1209 prohibited the taking of birds throughout the entire realm of England.

Both grievances were redressed by Magna Carta. The present chapter promised not to impose the burden on those from whom it was not legally due. Chapter 47, in which he agreed to withdraw his interdict from all rivers which had not been previously “in defence,” and to disafforest all forests of his own creation, was entirely omitted in the Charter of 1216; but in 1217 it reappeared in a new position and expressed in different words. The provision in the original chapter 47 that related to forests was relegated to the Carta de Foresta, and the other part of that chapter, relating to falconry, was joined to a clause which redressed another grievance growing from the same root. Chapter 19 of Henry III.’s Charter, in its final form, repeats word for word the terms of the present chapter of John, while in chapter 20 Henry proceeds to declare “that no river shall in future be placed in defence except such as were in defence in the time of King Henry, our grandfather, throughout the same places and during the same periods as they were wont in his day.”

This express prohibition seems to have prevented the Crown from extending its prerogatives further in this direction. Yet Henry III. had ample opportunities of harassing his subjects by an inconsiderate use of the rights still left to him. In many cases dubiety existed as to what banks had actually been ”preserved” by Henry II., and a vague general command left in cruel uncertainty the district to be visited. Henry III. made important concessions: after the year 1241, he specified the particular river along whose banks he intended to sport, and sometimes announced the exact date at which he expected to arrive. As no writs appear subsequent to 1247, it is possible that he was induced to abstain from the exercise of a right which inflicted hardships out of all proportion to the benefits conferred on the King.

The Crown, however, had not renounced its prerogatives, and several writs still exist to show that Edward I. occasionally allowed his great nobles to share in the royal sport. Licences were granted in 1283 to the Earl of Hereford and to Reginald fitz Peter, and in the following year to the Earl of Lincoln. On 6th October, 1373, Edward III. commanded the sheriff of Oxfordshire to declare that all bridges must be repaired and all fords marked out with stakes, for the crossing of the King “with his falcons” during the approaching winter.