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A13972 The answer of the masters of the Trinitie-house, to the speciall obiections of the patentee, to the keeping of Winterton lights Trinity House (London, England) 1621 (1621) STC 24283; ESTC S3424 2,487 1

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The Answer of the Masters of the Trinitie-house to the speciall Obiections of the Patentee for the keeping of VVinterton lights WHereas it is obiected that from the eighth of Elizabeth we neuer set vp light-houses at Winterton vntill this time we answer it is true The reason is that vntill now there was neuer cause neither in the ●●●gements of our selues nor of the Masters of shipping trading that coast About 2 or 3 miles from Winterton 13 or 14 yeares since we built 2 light-houses and layd 2 booyes at a place called Castor at which time we sounded all those channels but found no cause why to set vp or lay out any sea-marke either for day or night at Winterton Some 10 yeares since or thereabouts we made 2 other light-houses at Lowstoffe at which time we likewise sounded all those channels on that coast but found no cause for any sea-marke at Winterton so good was the channell there that we thought it not needfull neither was it held necessary by others Some 6 yeares since or thereabouts we sent six of the chiefest of our Corporation with ketches or boates to sound all those channels vpon that coast and to erect and lay out such and so many sea-markes as to them should seeme good yet found no cause to set vp any light-house at Winterton But now some 4 yeares since or thereabouts in one Winter the sands altered and the channell grew dangerous and presently after fell a wracke of 5 or 6 ships yet not so much by the alteration of the channell as by a great storme or tempest that happened by night which ouer-ruled the skill and cunning of the Pilots to the losse of the foresaid ships yet were not all the ships lost which were in this storme and in the company of those lost ships for the whole number of ships was 35 or 40 of which onely fiue or sixe were lost Presently vpon this we made preparation which was seconded by a generall petition from all the owners and Masters of ships trading New-castle and that North coast and began to build our Tower-light in March and finished it in Iune following which cost vs 600 pounds and kept our lights from Iune to Aprill following without any collection towards the charge By which time the Patentee obtained his patent dated the xviij of Febr. 1617. by vertue whereof we were commanded to put out our lights which we did And afterwards the Patentee broke open the doore of our tower-light and kept his light in it vntill his owne structures were erected Whereas it is auerred and deliuered that the Patentee hath bene at 25 or 30 hundred pounds vpon the charge of his structures or houses built at Winterton we answer that the like structures or houses may be built for 150 pounds or thereabouts And for the surplus of charges we professe not to vnderstand it neither do we thinke that the Patentee can giue an account thereof For the monethly or yearely charges of keeping the said lights we answer that it is about 11 or 12 pounds a moneth which is 130 pounds or thereabouts a yeare Towards this his charge in erecting and for his maintenance of these lights 3 yeares or thereabouts he hath receiued the collection of 2 pence vpon euery chaldron of coales which amounteth yearely to the summe of 14 or 15 hundred pounds besides the collection of one pennie vpon the tunne of all other ships trading that coast which being 40 pence vpon euery 20 chaldron is neere seuen times so much as the voluntary contribution of 6 pence vpon euery 20 chaldron accepted by the Trinitie-house for maintenance of their lights Now it resteth to answer to the difference betweene the Patentee and the Masters of the Trinitie-house in point of qualitie and care for well keeping of the said lights Of the Patentee we will say but this he is no sea-man In the nature of sea-markes sands channels tides c. he neither doth nor can possibly vnderstand For the Masters of the Trinitie-house in point of qualitie who can iustly except against vs Are we not sea-men bred euen from our childhood in the knowledge of marine affaires of nauigable channels sands ebbing flowing and setting of tides in the knowledge of setting out of sea-markes whether for day or night is not this knowledge within the compasse of our element and of ours onely Are we not at home when we are in our ships surging in those channels and on the seas who will or can dispute or reason with vs in this element it is proper to vs improper to all other In point of care may any be equall to vs we aduenture our liues our estates yea all our meanes within the compasse of these channels our hopes in all depend vpon the knowledge of channels sands and the well keeping of sea-markes His Maiestie reposeth the trust the care and charge of his Nauie royall in point of conduction and pilotage to vs we say to vs onely neither will his Ma repose this trust in any other Corporation or Companie in this kingdome If all these weightie motiues be not of force to settle more care in vs then in any other for the well keeping of sea-markes let vs suffer and be hanged at the gates of the Kings Court for example to others In point of authoritie making for vs it is now 100 yeares since we were made a Corporation it is 55 yeares since the Parliament made a law to enable vs for the setting vp and laying out of all sea-markes which accordingly we haue done and neuer questioned vntill now and that by the Patentee The examination whereof by vertue of two seuerall references from the King came to full hearing before the right honorable Lords at the Councell boord who by two seuerall orders as by the said orders at large may appeare conferred and confirmed the whole and sole keeping of all sea-markes vpon our Corporation After this the Patentee got a third reference to Sir Henrie Yelverton then Attorney generall he takes into his consideration the legall point onely not medling with the point of conuenience and finding the want of a negatiue in the statute certified that the Patentee by allowance from the King might do it as well as we VVhereupon he obtained his Maiesties grant and enioyes the benefit to the great griefe and discouragement of all Merchants owners and Masters of ships trading those Northerne coasts The consideration hereof in all humilitie we submit to the mature wisedome and censure of this most honorable Court Answer to the obiection of neglect That we erected a light-house as soon as was cause and that 10 or 11 months before the Patentee The charge of the Patentees structures His yearely charge His yearely receipts 40 pence for 6 pence The Patentees vnfitnes Qualitie fit to keepe sea-markes Care in keeping sea-marks Authoritie for keeping sea-markes