The start of 2011 saw the publication of a new doctoral thesis by historian and rivers access researcher the Rev'd Douglas Caffyn titled "River Transport 1189-1600", which clearly demonstrates that a historical right of river navigation exists on the River Itchen, and that this was the case even prior to the canalisation and new cuts made in creation of the Itchen Navigation.
Rev'd Caffyn's 2004 Master of Laws thesis was titled "The Right of Navigation on Non-tidal Rivers and the Common Law", and in examination of this subject he concluded that, despite misinterpretation of law since 1830, "In common law there is a public right of navigation on all non-tidal rivers which are naturally physically navigable by small boats and on those rivers which have been made physically navigable at public expense."[1]
To date, this position has not been successfully contested, and was reiterated in 2007 in the specific context of navigation rights on the Hampshire Avon., as reported by the BBC (online article and video of news report from South Today).
The new thesis provides details of historical evidence and indications that provide strong argument that the River Itchen was an acknowledged navigable river even prior to the several Navigation Acts. The thesis notes the probable transportation by barge of the stone used to build Winchester cathedral, Saxon use of (at least up to Bishopstoke) and improvements to the river, and subsequent historical accounts of the navigability of this "most famous and profitable river". [2]
In mind of his overarching thesis "that all the river which was usable would have been public whether used or not" [3], it is noted that Category A evidence of use has been found for the Itchen for a distance (from the tidal limit at Woodmill) of 16 miles i.e. as far as Winchester. Category B evidence of use extends the navigable use of the Itchen upstream by a further 10 miles upstream to New Arlesford (although, in the interests of accuracy, reasonable doubts about this historical reporting for the upper Itchen limit are duly noted).[4]
Rev'd Caffyn's works are now collected at the new Caffyn on Rivers website, where, in addition to his academic theses, you can also find a document on Public Rights of Navigation (PRoN) and the easily digested "Boats On Our Rivers - Again". All highly recommended reading for anyone who has ever been met with such phrases as 'you can't paddle here' or 'you'll be hauled out of the river'!
"Boats on our rivers again" provides an easily digestible summary of the arguments for a legal right of navigation on English Rivers, and a challenge to those who would dispute the fact.
[2] Caffyn, D. J. M., "River Transport 1189 - 1600", 2010, p. 393-7
[3] From Douglas Caffyn by e-mail, 11 February 2011.
[4] Caffyn, D. J. M., "River Transport 1189 - 1600", 2010, p. 393-7.
