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A46594 The royal charter of confirmation granted by His Most Excellent Majesty King James II, to the Trinity-House of Deptford-Strond for the government and encrease of the navigation of England, and the relief of poor mariners, their widdows and orphans, &c. England and Wales. Sovereign (1685-1688 : James II) 1685 (1685) Wing J381; ESTC R2580 74,522 223

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Wharfe agreeing with the Owners for the same or which at any time hereafter shall be built upon our River of Thames for the better supply of dry Ballast for all such Ships and other Vessels as shall carry Cloath and other like Dry goods they first agreeing with the Owners thereof for the same And they only to fell the same And they the said Master Wardens and Assistants and their Successors Deputies and Assigns solely and only to convert utter dispose and sell the said Gravel Sand and Soil of Our River aforesaid To have hold take To enjoy the said Ballastage c. with all the Fees and Profits thereof for ever and enjoy the said Ballastage and Lastage and Office of Ballastage and Lastage the said Gravel Sand and Soil of the said River in and by these presents given and Granted or mentioned to be given or Granted with all and every fees advantages sallaries profits emoluments Commodities and rights incidents and appurtenances whatsoever to for out of or by reason of all or any of the premises any way due payable accustomed appertaining or belonging unto the said Master Wardens and Assistants of the Trinity House of Deptford Strond and their Successors for ever by themselves their Substitute or Substitutes Deputy or Deputies Assign or Assigns to use Exercise Execute and enjoy for ever for the Vse and benefit of the Poor For the Vse and benefit of the Poor aforesaid and to no other use intent or purpose whatsoever And all and every the said premises to hold of Us Our Heirs and Successors as of our Mannor of East Greenwich in our said County of Kent in free and common Soccage and not in Capite nor by Knights service Paying Carlos yearly 1000 Marks for the remainder of 31 years Yeilding and paying and the said Master Wardens and Assistants of Trinity House aforesaid for themselves and their Successors do Covenant Promise Grant and agree to and with Us Our Heirs and Successors by these presents to yield and pay or cause to be yielded and payed to the said William Carlos his Executors Administrators and Assigns for and during the residue and remainder of the said Term of One and thirty years heretofore granted to the said William Carlos as aforesaid the yearly Rent or Sum of one Thousand Marks of lawful Mony of England at the Feasts of the Annunciation of the Blessed Virgin Mary and St. Michael the Archangel by even and equal portions or within forty days next after either of the same Feasts And the said Master Wardens Trinity-House Covenants to take up their Gravel c. from such shelfes as are dangerous to shipping and Assistants of Trinity House do hereby Covenant and promise that they and their Successors shall and will by the best means and ways they can provide and take care that the Gravel Sand and Soil by them to be taken out of the said River be raised and taken out and from such shelves and places of the said River as are or shall be of Danger to shipping in the said River and for the bettering and more safety of the same And the said Master Wardens To have sufficient number of Lighters for ballasting Ships and Assistants for themselves and their Successors do further Covenant promise and agree to and with Us Our Heirs and Successors by these presents that they and their Successors and Assigns or some of them shall and will at their own proper Costs and Charges provide and have such numbers of Lighters great and small as shall be from time to time sufficient upon all Occasions for the Exporting and the Importing of the said Ballast as well to and from the said Wharfes as unto all such Ships Barks or Vessels that shall have use of the same Lighters to be Gaged and marked to prevent deceit which said Lighters shall be justly gaged and marked that the Burthen and bigness of such Lighters may be certainly known to the End that all abuses and deceits between the buyers and sellers of the said Gravel and Sand either in the quantity or weight thereof may from time to time be prevented and avoided And that they the said Master Wardens and Assistants and their Successors Deputies Agents and Assigns shall and will from time to time for ever hereafter provide utter furnish and sell the said Gravel Ballast to be sold at the Rates accustomed Sand and Soil for the Ballasting of all Ships Barks and Vessels in the said River that shall have use thereof at the rates and prises accustomed provided payment be made within six Tydes Payment to be made therefore within six Tydes or to pay double after the delivery thereof or else to pay double the accustomed Duty And further of Our more especial Grace Certain Knowledge and meer motion as well for the consideration aforesaid as also for the better advancement of the said work of cleansing the said River and the more speedy and effectual performance perfecting Gives all Fines set or impos'd for removal of shelves c. in the River and accomplishment of the same so much tending to the benefit of the Common-wealth We have given and Granted and by these presents for Us Our Heirs and Successors do give and grant unto the said Master Wardens and Assistants of Trinity house aforesaid and their Successors Deputies and Assigns all and singular Contributions Fines and other Sum and Sums of Mony whatsoever which have been taken or hereafter shall be set or imposed upon any person or persons whatsoever City or Town Corporate by all or any Acts of Parliament or by any Commission or Commissions of Sewers or otherwise for or towards the removing of Shelves and other annoyances in the said River which are shall or may appertain How to be recover'd or any way in right belong to Vs Our Heirs How to be recover'd and Successors Together with full power and absolute Authority unto the said Master Wardens and Assistants of Trinity-House aforesaid and their Successors and Assigns to sue for recover receive and take the said contributions fines and other Sum and Sums of mony as aforesaid either in the name of Us Our Heirs and Successors or otherwise in the Name of the said Master Wardens and Assistants of Trinity-House aforesaid their Successors and Assigns The Treasurer and all Officers of the Exchecquer commanded to assist them therein in any of our Courts or elsewhere for and towards the cleansing of the said River from shelves and other Annoyances And Our further Will and Pleasure is And We do hereby authorize and require our Treasurer Chancellour Vnder Treasurer Chamberlains and Barons of our Exchecquer for the time being and also our Attorney General for the time being and all and every the Officers and Ministers of our said Court for the time being and whom it shall and may concern that they and every of them at the desire and request of the said Master Wardens
and Assistants of Trinity-House aforesaid their Successors Deputies and Assigns and at their Own proper Costs and Charges do award make and deliver or cause to be awarded made and delivered unto him them or any of them all and every Writ and Writs Processes Judgments Executions and Proceedings in the Name of Us our Heirs and Successors as shall or may be necessary for the more speedy recovery of the said Contributions Fines and other Sum and Sums of Mony that shall be so behind and unpaid as aforesaid and as are agreeable unto and may stand and consist with the Ancient Course and practice of Our said Court of Exchecquer heretofore used for recovering of debts and that they and every of them be from time to time aiding and Assisting to the said Master Wardens and Assistants of Trinity-House aforesaid and their Successors and Assigns To pay the King One third part of all the said Fines upon Oath in the premises as it becometh in their several Places respectively And the said Master Wardens and Assistants for themselves and their Successors do Covenant promise Grant and agree to and with Vs Our Heirs and Successors by these presents to render an Accompt upon Oath and pay unto Us Our Heirs and Successors into Our Exchequer at Westminster at the said Feasts of St. Michael the Archangel and the Annunciation of the Blessed Virgin Mary one full and whole Third part in three parts to be divided of all the clear profit of all and every the aforesaid Contributions Fines and Forfeitures aforesaid which shall be or may be by them or their Successors obtained recovered and received as aforesaid over above and besides the aforesaid yearly Rent of one Thousand Marks before in and by these presents reserved and Covenanted to be paid to the said William Carlos his Executors Administrators and Assigns a● aforesaid And to the End the said Service herein may the better be performed and that neither the said Master Wardens and Assistants of Trinity-House aforesaid and their Successors Deputies Servants or Assigns or any of them may be hindred or Letted in the managing of the said work of Ballasting of Ships and cleansing of the said River aforesaid Trinity-House with its servants workmen c. exempted from all Offices Civil and Military Our further Will and Pleasure is And We do hereby for Us Our Heirs and Successors strictly charge will require and command all and every Our Officers and Ministers whomsoever and all others to whom it shall or may appertain that they and every of them do forbear to arrest press Their Boats and Lighters also not to be press'd or take for the Service of Vs Our Heirs or Successors or personally to serve in any Office or Place military or Civil any person or persons being members of the said Corporation or any the Officers Factors Workmen or Servants or any the Boats Lighters or other Vessels of the said Master Wardens and Assistants or their Successors Deputies or Assigns or any of them imployed or to be imployed in and about the said ballasting of Ships and the said work of cleansing the said River as aforesaid Except We Our Heirs Except by order of Council and Successors or the Lords and others of our or their Privy Council for the time being shall be first acquainted therewith and his and their License shall be had and obtained in that behalf And We do further by these presents for Us Acquits them from all Claims of any Lord Admiral for the time to come Our Heirs and Successors Covenant promise and grant to and with the said Master Wardens and Assistants of Trinity-House aforesaid and their Successors that We Our Heirs and Successors shall and will from time to time and at all and every time and times hereafter free acquit discharge exonerate and save harmless the said Master Wardens and Assistants and their Successors off and from all Claims Interests and demands whatsoever which any Lord Admiral or Admirals shall or may make or pretend to have in and to the Ballasting of any Ships Barks or other Vessels within the said River before in and by these presents given and granted or any part or parcel thereof Provided always Provision for due payment of Carlos's Rent And Our Will and Pleasure is And the said Master Wardens and Assistants for themselves and their Successors do by these presents Covenant promise and agree not only to and with Us Our Heirs and Successors but also to and with the said William Carlos his Executors Administrators and Assigns and every of them that if it shall happen the said Yearly Rent of One Thousand Marks herein before reserved and payable to and for the use of the said William Carlos his Executors Administrators and Assigns to be behind or unpaid in part or in all by the space of one month next and immediately insuing the said forty days of either of the said Feasts To pay him five pound for every Month after the rent is due in which the same ought to be paid as aforesaid that the said Master VVardens and Assistans of Trinity House aforesaid shall and will forfeit and pay or cause to be forfeited and paid unto the said William Carlos his Executors Administrators and Assigns for every month after the said forty days wherein the same ought to be paid as aforesaid the sums of five pounds in the Name of a Pain to and for the further Vse and benefit of the said William Carlos his Executors Administrators and Assigns And that the said William Carlos his Executors Administrators and Assigns may the better recover the said yearly rent of One Thousand Marks and the said Sum of five pounds nominae penae reserved and payable as aforesaid Our Will and Pleasure is and of Our especial Grace certain knowledge Carlos may sue for Non-Payment and meer motion We have given and Granted and by these presents for Us Our Heirs and Successors do give and Grant unto the said William Carlos his Executors Administrators and Assigns full Power License and Authority by all lawful ways and means to sue implead and prosecute or cause be sued impleaded and prosecuted in our Court of Exchecquer in the Name of Us Our Heirs and Successors or in his own Name or the Name of his Executors Administrators or Assigns but at his and their own proper costs and charges the said Master Wardens and Assistants of the Trinity House aforesaid and their Successors as well for the said yearly rent of One Thousand Marks as also for the said sume of five pounds so reserved and payable as aforesaid and every part and parcel thereof And Our further will and Pleasure is The Treasurer and all other the Officers of the Exchecquer commanded to assist him therein and We do hereby authorize and require our Treasurer Chancellour Vnder Treasurer Chamberlains and Barons of Our Exchecquer for the time being and also our Attorny General for the time being
and all and every the Officers and Ministers of our said Court for the time being whom it shall or may concern That they and every of them at the desire and request of the said William Carlos his Executors Administrators and Assigns and at his and their Own proper costs and charges do award make and deliver or cause to be awarded made and delivered unto him them or any of them all and every such Writ and Writs Process Judgments Executions and proceedings in the Name of Us Our Heirs and Successors as shall or may be necessary for the more speedy recovery as well of the said yearly Rent of one thousand Marks as of the said Sum of five pounds nominae penae that shall be so behind and unpaid as aforesaid and as are agreeable unto and may stand and consist with the Ancient course and practice of our said Exchecquer heretofore used for recovery of Debts and that they and every of them be from time to time aiding and Assisting to the said William Carlos his Executors Administrators and Assigns in the premises as it becometh in their several places respectively Exchecquer to pay Carlos all Mony recover'd and paid thereinto without Fee And Our further Will and Pleasure is that in case upon any such Suit or Suits to be made and prosecuted in Our Name as aforesaid or otherwise the said Rent of One Thousand Marks or any part or parcel thereof shall be recover'd and paid into Our Exchecquer That then We do by these presents for Us Our Heirs and Successors authorize and require our said Treasurer Chancellour Vnder Treasurer Chamberlains and Barons of our Exchecquer and all other the Officers and Ministers of Our said Court now and for the time being that they and every of them respectively do from time to time issue and pay or cause to be issued and paid unto the said William Carlos his Executors Administrators or Assigns to his and their own use and uses all such Sum and Sums of Mony so paid into our Exchecquer as aforesaid without accompt or any Fee or Fees to be rendred made or given for the same And these Our Letters Patents or the exemplification or duplicate thereof shall be unto our said Officers and Ministers of our said Exchecquer a sufficient Warrant and discharge in that behalf Provided nevertheless and the said Master Ballast not to annoy any of the King's Pallaces Wardens and Assistants of Trinity House aforesaid for them and their Successors do hereby Covenant promise and agree to and with Vs Our Heirs and Successors that they nor any of their Agents Factors Servants Deputies or Assigns shall and will do any thing that shall be prejudicial nusant or Obnoxious to any of our Pallaces Houses or buildings in Our said County of Kent Nor to be laid on any Wast-Ground or Wharfe granted to others nor that they nor any of them shall and will lay or cause to be layed any Gravel Sand Soil or other thing for Ballastage upon any the wast grounds or Wharfes already Granted or that shall be hereafter granted by Us unto them the said Robert Killigrew Knight and Edward Progers Esquire or do any other thing that may in any wise infringe or intrench upon the wast grounds or Wharfes already granted or which shall be hereafter granted unto them the said Sir Robert Killigrew and Edward Progers any thing in these presents contained to the contrary in any wise notwithstanding Provided also that if the said Master This Grant to be inroll'd within six Months Wardens and Assistants of Trinity House aforesaid or their Successors shall not within six Months next after the date hereof cause these our Letters Patents and the said yearly Rent and Sums of Mony as well reserved and payable unto Vs Our Heirs and Successors as unto the said William Carlos his Executors Administrators and Assigns to be duely entered and put in charge with the Auditor of Our Revenue for the City of London With the Kings Auditor for London and Clerk of the Pipe and these Our Letters Patents to be also enrolled with the Clerk of the Pipe in the Exchecquer to the End the said yearly Rent or Sums of Mony may be duely charged answered and paid according to the intent and meaning of these Presents That then and in every such Case the said Master VVardens and Assistants and their Successors shall forfeit and pay to Us Or to forfeit Ten pound for every six Months default Our Heirs and Successors for every six Months default of such Enrolement as aforesaid the Sum of Ten pounds Nominae penae until these our Letters Patents shall be duely entered and Inrolled as aforesaid Several Lords of the Council assign'd to hear and redress all complaints about the Ballastage And Our further Will and Pleasure is And We do by these presents for Us Our Heirs and Successors declare will and ordain that it shall and may be lawful to and for the Lord Chancellor of England Or Lord Keeper of the Great Seal of England Lord Treasurer Lord President of our Privy Council and Lord Privy Seal or any of them calling both the Chief Justices of either Bench or One of them upon all and every Complaints to be made by the said Master Wardens and Assistants or their Deputies Substitutes and Assigns of any Offences or other matters or things touching and concerning the Ballasting of Ships or Vessels and other the premises as aforesaid contrary to the true meaning of these presents from time to time to hear and finally to determine every such complaint matter and thing by their Discretions and to put such Order therein according to the intent of these presents as by their discretions shall seem most convenient for the Conservation of the said River of Thames Parties offending their order to suffer Fine and imprisonment and the parties offending such Order to suffer Imprisonment and Fine to the use of Us Our Heirs and Successors according to the intent of the Statute in that behalf made and provided 27 Henry 8. Chap. 18. And to the End the said Master Wardens and their Assistants their Successors Deputies and Assigns may be the better enabled to receive and recover the Duties and Fees belonging to the said Office Our Will and pleasure is and we do hereby for Us Officers of the Customs at London to clear no ship till the Duties to the Ballast Office be paid our Heirs and Successors streightly Charge and Command our Officers and other Persons whatsoever imployed in our Customs and the Customs of our Heirs and Successors in our Port of London and our Officers imployed in the Office called the Searchers Office Coast or Cocket Office and others whatsoever not to Give or Deliver or permit to be Given or Delivered any Cocket Content or other Clearing-Bill or Discharge to any Ship or other Vessel whatsoever whether bound over Sea or Trading Ships or Vessels called Coasters until the
the sum of five pounds The Penalty of heating Pitch Tar c. but in such a manner That the Master of every Ship or Vessel being within the River of Thames do take care not to suffer any manner of Pitch Tar Rozine Grease Tallow Oyl or the like to be heated on board by Fire Loggerhead Shot or any other thing but that it be done as often as there may be occasion either upon the shore or in a Boat being afloat upon the penalty of three pounds to be paid as aforesaid That all Masters of Ships do take care in the drying their Bread-rooms How Bread Rooms to be dry'd and the Penalty of not observing the same to appoint able and careful men for doing the same and not to dry them in the night or keep any Fire therein in the night time upon the penalty of five pounds to be paid as aforesaid V. Item The Penalty of keeping Guns shotted It is ordered that the Master of every Ship homeward bound do unshot all his Guns before or so soon as he shall arrive at Gravesend upon the penalty of twenty Nobles to be paid to the use of the Poor of this Corporation And that no Master of a Ship The Penalty of firing Guns in the Night time being above Blackwall do presume to Fire any Guns before Sun rising or after Sun setting upon the penalty of ten shillings for each Gun so fired to be paid as aforesaid VI. The Penalty of Masters for suffering Bumboats to come aboard Item Whereas by reason of Dirtboats otherwise called Bumboats their carrying Fruit Wine Strongwaters c. to sell to shipkeepers and others aboard Ships there is much wrong done to the Owners by the purloyning of Cordage and other materials It is order'd that all Masters of Ships for the preventing of the evils aforesaid do from henceforth take care that themselves their Officers and Servants do not permit any such Boats to come on board their Ships or that they buy or sell any thing with them That they also do take care that their men do put the Dirt of their Ships Of not carrying and laying ashore their Dirt in proper time and Place as there may be occasion into their own Boats at seasonable hours in the day and do carry and lay it on shore above high-water-mark Of throwing their Dirt into the River and that they do not suffer any Dirt or Filth to be thrown over board into the River and in case of any of the aforesaid neglects the Master shall forfeit and pay for each of the same to the use of the Poor of this Corporation the sum of twenty shillings VII Item It is order'd that no Master do suffer to be taken in The Penalty of taking in or heaving out Ballast without a Port Sail. or heav'd out of his Ship any Ballast without having a sail nail'd to the sell of the Port or if a small Vessel to the Gunnel to over hang the side of the Lighter upon the penalty of twenty shillings to be paid to the use of the Poor of this Corporation for his every time so offending VIII The Penalty of hindring the Officer of the Trinity-House from coming on board to search for Powder c. Item It is order'd that whatsoever Master either by himself his Officers or Seamen shall at any time refuse or hinder any person appointed by this Corporation and upon demand shewing his Authority under the common Seal thereof from coming on board his Ship in the day time to search for any Powder Guns unshotted heating of Pitch Tar Rozine Grease Tallow Oyl and the like the carcless or unseasonable drying of Bread-Rooms the suffering Bumboats to come aboard and to Traffique with them or to enquire into any other Offences there committed against the Orders of this House He shall forfeit and pay to the Poor thereof for his every time so offending the sum of five pounds IX The Penalty of any Brothers Petitioning about any general Sea-Cause without the consent of Trinity-House Forasmuch as certain Members of this Corporation have heretofore partly of themselves and partly at the request of others very disorderly and very indiscreetly preferr'd Bills Petitions and other writings to the high Court of Parliament and to other inferiour Jurisdictions in the Name of Seamen in General without making the Master Wardens and Assistants acquainted therewith to the great detriment and scandal of the Corporation for preventing thereof for the time to come it is order'd that if any being Members of this Corporation shall at any time hereafter do or attempt the like matters as aforesaid or shall set their hands to any Bill Petition or other writing concerning any General sea-Sea-Cause without the consent of the Master Wardens and Assistants thereto first had and obtain'd every such person shall forfeit and pay for every such Offence to the use of the Poor of this Corporation the sum of five pounds X. Item Orders for the good Government of Sea-men on ship-board For the better regulating and Government of Sea-men and Mariners it is Order'd That if any Mariner whilst on Ship-board shall Swear The Penalty of Swearing or Blaspheming Curse or Blaspheme the Name of God he shall forfeit and pay for every such Offence one shilling the same to be put into the Poors Box remaining on board the said Ship for the use of the Poor of this Corporation If any Seaman whether Officer or other after he shall be hired to serve in any Ship Lying on shore without Leave shall at any time lye on shore during the Term of the Voyage without leave first had from the Master or chief Officer on board he shall forfeit and pay for every such offence to the said Poors Box half a Crown If any Mariner whether Officer or other Absence from Prayers being in perfect health shall absent himself from Prayers being perform'd according to the Liturgy of the Church of England or shall not immediately after the Ring of the Bell or other publick notice repair thereunto He shall forfeit and pay for his every time so neglecting to the said Poors Box six pence If any Mariner shall be Drunk he shall forfeit and pay Drunkenness for every such offence to the said Poors Box one shilling If any Mariner shall be obstinate and stubborn Disobedience in not obeying the Masters lawful Commands or the Mate or Boatswains in his absence he shall forfeit and pay for every such Offence to the said Poors Box half his months Pay But upon any persons being found to offend against any of the above mentioned Orders in this Law mentioned At the Liberty of the Master either to inflict Corporal Punishment or take the Penalties aforesaid it shall be left to the liberty of the Master or Commander of the the Ship with the advice and consent of the Mates Boatswain Purser Gunner and Carpenter or Major part of them either to inflict Corporal Punishment according to the custome of the Seas or receive and take the penalties hereby imposed for the breach of the aforesaid Laws and if it shall happen that the said person or persons have not present mony to satisfie what is Ordered to be paid for any such Offences then it is required that he or they subscribe their Names to the Master or Pursers Book thereby signifying their Consent that the said forfeitures may be defalked out of their Wages the next Pay day following XI Item It is Order'd The Penalty of a Seaman's deserting one Master and shipping himself with another That if any Mariner or Seaman having ship'd himself with any Master for a Voyage shall afterwards desert and leave him and ship himself with another that Master with whom he goeth the Voyage shall upon notice given on behalf of this Corporation detain two shillings in every pound of the Wages of the said Mariner or Seaman for the time he serveth in his Ship to be paid to this Corporation for the use of the Poor thereof XII Item It is Order'd that every Commander of Ship The Master to make an agreement in writing with every Seaman he shall entertain hireing any Mariner or Seaman to sail with him upon any Voyage to Sea do take in writing under the said Seamans hand upon what conditions he is entertained and that he doth submit himself to the By-Laws of Trinity-House ALL which said Acts Ordinances and Constitutions in manner and form aforesaid We George Lord Jefferyes Baron of Wem Lord high Chancellour of England Sir Robert Wright Kt. Lord Chief Justice of the Pleas before his Majesty to be holden and Sir Edward Herbert Kt. Lord Chief Justice of his Majesties Court of Common Pleas at the request of the Master Wardens and Assistants and Elder Brethren of the said Corporation by Authority and Vertue of an Act of Parliament made in the nineteenth year of the Reign of King Henry the Seventh for that purpose have Seen Read Examined and Perused and for good lawful and laudable Ordinances Constitutions and By-Laws so far as we lawfully may do Allow and Approve by these presents In Witness whereof We have hereunto Subscribed our Names and set our Seals the four and twentieth day of June in the year of our Lord God One thousand six hundred Eighty Seven Jefferies C. R. Wright Edw. Herbert