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Magna Carta

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Representative Trantis - 05 Mar 2004 19:20 GMT
Point 23 states...

23. No village or individual shall be compelled to make bridges at river
banks, except those who from of old were legally bound to do so.

What's this all about?, why was it a big enough issue to be raised in Magna
Carta?
Don Aitken - 05 Mar 2004 19:55 GMT
>Point 23 states...
>
[quoted text clipped - 3 lines]
>What's this all about?, why was it a big enough issue to be raised in Magna
>Carta?

Well, how would you like to be made to build a bridge when you didn't
want to?
I've always liked:

33. All the fish-weirs in the Thames and Medway, and throughout all
England shall be done away with, except those on the coast.

Signature

Don Aitken

Mail to the addresses given in the headers is no longer being
read. To mail me, substitute "clara.co.uk" for "freeuk.com".

Vaughan Sanders - 05 Mar 2004 21:30 GMT
> >Point 23 states...
> >
[quoted text clipped - 10 lines]
> 33. All the fish-weirs in the Thames and Medway, and throughout all
> England shall be done away with, except those on the coast.

33. All *kydells* for the future shall be removed altogether from Thames
and Medway, and throughout all England, except upon the seashore.

33. Omnis *kidelli* de cetero deponantur penitus de Tamisia, et de
Medewaye, et per totam Angliam, nisi per costeram maris.

Are you sure a kydell is a weir?, it doesn't appear to be Latin or OE,
the nearest I can come up with is *kyle* from the Gaelic *caol* (narrow
channel).

Jamie
hippo - 05 Mar 2004 22:37 GMT
"Vaughan Sanders" wrote in message

> "Don Aitken" wrote in message

> > >Point 23 states...
> > >
[quoted text clipped - 22 lines]
> the nearest I can come up with is *kyle* from the Gaelic *caol* (narrow
> channel).

Someone has probably already translated it. It makes sense if it is a weir.
The things tend to get longer and larger which would block the channel and
prevent the Barons using the river to get around. -the Troll
Don Aitken - 05 Mar 2004 23:10 GMT
>> >Point 23 states...
>> >
[quoted text clipped - 22 lines]
>the nearest I can come up with is *kyle* from the Gaelic *caol* (narrow
>channel).

Not my translation. I got it from Adams & Stephens "Select Documents
of English Constitutional History" of 1901. They credit the
translation to Prof. E.P.Cheyney, originally published in "University
of Pennsylvanis Translations and Reprints". I suspect the good
professor is not around to take up the issue. Do you have an
alternative suggestion?

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Don Aitken

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read. To mail me, substitute "clara.co.uk" for "freeuk.com".

benjo maso - 05 Mar 2004 23:30 GMT
> >> >Point 23 states...
> >> >
[quoted text clipped - 29 lines]
> professor is not around to take up the issue. Do you have an
> alternative suggestion?

The translation of J.C. Holt in "Magna Carta", Cambridge, 1965 is fish-weir.
I have only a vague idea why it should be important, but according to Holt
it's a clause which still helps to preserve navigation on the Thames and
other rivers.

Benjo Maso
Vaughan Sanders - 06 Mar 2004 08:22 GMT
> >> >Point 23 states...
> >> >
[quoted text clipped - 29 lines]
> professor is not around to take up the issue. Do you have an
> alternative suggestion?

No, I was just interested in the word and where it came from, Angevin
French might be another possibility.

I can't see how weirs (dams) could have been built in the tidal parts of
the Thames and Medway. So presumably either this was a problem in the
higher reaches, or more likely it does mean stakes and nets.

Jamie
William Black - 06 Mar 2004 09:55 GMT
> I can't see how weirs (dams) could have been built in the tidal parts of
> the Thames and Medway. So presumably either this was a problem in the
> higher reaches, or more likely it does mean stakes and nets.

I believe it's something to do with free navigation on inland waterways.

Signature

William Black
------------------
Strange women lying in ponds distributing swords
is no basis for a system of government

nightjar - 06 Mar 2004 10:57 GMT
...
> I can't see how weirs (dams) could have been built in the tidal parts of
> the Thames and Medway. So presumably either this was a problem in the
> higher reaches, or more likely it does mean stakes and nets.

A dam or level control is only one meaning of the word weir. It could also
mean an embankment at the sides, to narrow and deepen the river or, as you
suggest, an array of stakes and nets across the river, to funnel fish into a
catch net.

Colin Bignell
John Gilmer - 06 Mar 2004 14:28 GMT
> A dam or level control is only one meaning of the word weir. It could also
> mean an embankment at the sides, to narrow and deepen the river or, as you
> suggest, an array of stakes and nets across the river, to funnel fish into a
> catch net.

A fish catching "weir" doesn't have to go across the river.   In SE Asia I
would see several sets of these V shaped netting structures across tidal
waterways.   Blocking the entire waterway, even if it were practical, is
counterproductive because you end up filtering out almost ALL the fish
leaving nothing to breed.
Vaughan Sanders - 07 Mar 2004 11:08 GMT
> > A dam or level control is only one meaning of the word weir. It could also
> > mean an embankment at the sides, to narrow and deepen the river or, as you
[quoted text clipped - 7 lines]
> counterproductive because you end up filtering out almost ALL the fish
> leaving nothing to breed.

A fair amount of the Thames and Medway is dry at low water and is
navigated by channels of deeper water. I doubt the main shipping channel
of the Thames could have been staked, but some of the channels used to
navigate the settlements along the Thames can easily be staked and
blocked.

A couple of years ago some clown set one of these traps off our
windsurfing beach, I had calls from the locals who had caught their fins
in the nets to get on to the council foreshore and get it moved. At the
time I wasn't sure that the council would have had the power to get it
moved, the sea is basically Crown land.
It seems I could have said "look moosh, move or else I will have you
locked in the Tower on King John's say so". :-))

Jamie
Vaughan Sanders - 06 Mar 2004 21:06 GMT
> ...
> > I can't see how weirs (dams) could have been built in the tidal parts of
[quoted text clipped - 7 lines]
>
> Colin Bignell

I think the clue is, *only allowed on the sea coast*, fish trap would
seem to be the only example of weir that would fit,
weir / wear, comes from the OE *wer* (werian - to defend) and wæl - deep
pool.
I think *kydell* must be Angevin French of Celtic origin (Breton),
interesting that it hasn't survived into modern English.

It should be remembered that we are talking tidal rivers that can run at
8 knots (spring tides), this might not sound much but we are talking
substantial oak posts to hold a net in place. Hit one of these just
below the surface in a ship of this period, which would have still been
of the lightly built Viking longship / Knarr type and she would have
been holed.

Jamie
John Dean - 06 Mar 2004 00:36 GMT
>>> Point 23 states...
>>>
[quoted text clipped - 28 lines]
> the nearest I can come up with is *kyle* from the Gaelic *caol*
> (narrow channel).

OED2 says kiddell, kydle, kydell, kedel, kiddel, kidle, kiddle and some
others are from AF. kidel, kydel OF. quidel later quideau also guidel mod.F.
guideau, a stake-net, also, a line of sloping planks placed to direct a
current; Breton kidel stake-net

meaning - 'A dam, weir, or barrier in a river, having an opening in it
fitted with nets or other appliances for catching fish. '
Signature

John Dean
Oxford

Vaughan Sanders - 06 Mar 2004 08:30 GMT
> >>> Point 23 states...
> >>>
[quoted text clipped - 36 lines]
> meaning - 'A dam, weir, or barrier in a river, having an opening in it
> fitted with nets or other appliances for catching fish. '

Thanks, anyone know if the Breton kidel is similar in Welsh?.

Jamie
hippo - 05 Mar 2004 22:07 GMT
"Representative Trantis" wrote in message

> Point 23 states...
>
[quoted text clipped - 3 lines]
> What's this all about?, why was it a big enough issue to be raised in Magna
> Carta?

Since the King had no public works treasury, and there was very little
coined money anyway, it had been the practice to force the local baron or
town to build and maintain bridges and roads in the manner of feudal dues or
a regular tax-in-labor. If he didn't like you, or wanted an excuse to
confiscate your real estate, he could make the request unreasonable. The
Barons wanted that unpredictable expense removed from the King's list of
available screws........... so to speak.  -the Troll
 
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