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A44350 An account of several new inventions and improvements now necessary for England, in a discourse by way of letter to the Earl of Marlborough, relating to building of our English shipping, planting of oaken timber in the forrests, apportioning of publick taxes, the conservacy of all our royal rivers, in particular that of the Thames, the surveys of the Thames, &c. : Herewith is also published at large The proceedings relating to mill'd-lead-sheathing, and the excellency and cheapness of mill'd-Lead in preference to cast sheet-lead for all other purposes whatsoever. : Also A treatise of naval philosophy, / written by Sir Will. Petty. ; The whole is submitted to the consideration of our English patriots in Parliament assembled. T. H. (Thomas Hale); Petty, William, Sir, 1623-1687. A treatise of naval philosophy. 1691 (1691) Wing H265; ESTC R28685 111,893 310

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bestow'd on them that is to say on the poor Seamen whom that excellent Corporation relieves thereby The Chainage of Ships belongs to the Admiral and the right of the Ferriage over all Rivers between the first Bridges and the Sea is a Perquisite of Admiralty and the right thereof is inherent in the Office of the Admiral and 't is notorious that the Right of the Ballastage in all the other Royal Rivers of England belongs to the Admiral as well as in the River of Thames There is the Perquisite of Anchorage in the Thames as well as elsewhere belonging to the Admiral as are likewise many other Perquisites and that are enumerated in the Admiral 's Patent Nor can any Right belonging to the Admiral be pass'd by the Crown under the Great Seal to any one but by the Admiral 's Warrant to the Attorney or Solicitor general To the Lord Mayor as Water-bayly and Conservator of the River of Thames several Fees and Profits belong And to that Office of Conservator belongs the Office of Measuring Coals Grain Fruit in the Port of London with the Fees belonging to it and the Fines imposed in his Court of Conservacy or by the Commissioners of Sewers for Misdemeanors that concern the River and other Perquisites and in the which the Admirals have long ceased to intermeddle and not without cause because of the great Charge incident to the Lord Mayor's Conservacy of the River and particularly in matters relating to the Fishery and the charge that attends the traversing Indictments and removing them to the Kings-Bench as likewise the Charge of suing out Scire Facias ' es to vacate the Grants of particular Persons that entrench on the rights of the Lord Mayor's Conservacy and which Charge they have often supported without being therein assisted by the Lord Admirals I might instance in many passages in the reigns of our Kings long ago concerning the Lord Mayor's applying to the Government when private Courtiers had surreptitiously obtain'd Patents that interloped in the Conservacy of the River as for example Edward the 4 th having made a Grant to the Earl of Pembroke for setting up a Weare in the River of Thames and the Lord Mayor applying to the King about it obtain'd a Scire Facias to vacate that Grant and vigorously prosecuted the vacating thereof to effect And how in the two last Reigns several Lord Mayors with great Industry and Charge prosecuted the vacating of Patents that they judged entrenching on the Conservacy that both by Charter and Prescription belong'd to them is known to every one Nor will the unwearied diligence of those Patriotly Lord Mayors Sir William Pritchard Sir Henry Tulse Sir James Smith Sir Robert Jefferys Sir John Peak in thus shewing their Zeal for the Conservacy of the River be ever forgot while that City keeps Records And they are strangers to the Character of the present Lord Mayor both for integrity and prudence in Political Conduct and his Zeal for maintaining the known Rights of the City who shall think that if he had been at the Helm of them Government of the City when they were he would not have steer'd the same Course as the most active of them did and that with such a Courage as is worthy the high Sphere of Magistracy he moves in A Coward saith one cannot be a good Christian much less a good Magistrate Solomon 's Throne of Ivory was supported by Lyons Innocency and Integrity cannot be preserved in Magistracy without Courage Magistrates are great Blessings Modo audeant quae sentiunt if they dare do their Conscience Me quae te peperi ne Cesses Thorna tueri was the ancient Inscription of the Bridge-house Seal and which may give an occasional hint to any Citizen of London advanced to Authority and Opulency therein to wish well to the defence of that River that hath so long bred and preserv'd the Riches of that City I am here led to observe how that River being pester'd by various Annoyances in the Reign of Henry the 8 th and the Lord Mayor's Offices being made uneasie and hinder'd in the Conservacy of the River the City apply'd to the King for a Proclamation who accordingly issued out one in the 34th Year of his Reign strictly requiring That none should presume to resist or deny or impugne the Lord Mayor or his Deputies in doing or executing any thing that might conduce to the Conservacy of the River c. And methinks the Customary yearly Solemnity of the New Lord Mayor's attended with all the City Companies in their Barges on the Thames and there on that River above Bridge having their first Scene of Triumph as they are going to Westminster-Hall to be sworn should give them occasion to think often of that Rivers preservation in the following part of the Year I am here led to call to mind a fatal danger that that River above Bridge escaped in the Reign of the late King when some were so hardy as to offer him a Proposition and in the way of a Project to enlarge his Revenue by straitning the River and by building another Street between the high and low-water-mark from the Bridge to White-Hall But thô so great a straitning of the River there would not have been so prejudicial to the publick as lesser straitnings of it below bridge where the great Scene of Navigation lyes yet his Majesty with great judgment gave a peremptory denyal to the Proposition for this particular reason namely that such an alteration in the River might perhaps produce an alteration in the Tide of Flood and be the cause of its not flowing so many hours as it doth and which effect too he thought the building of a Bridge at Lambeth a Project that some offer'd to his Consideration might produce it being obvious that the Obstacle the course of the Tide meets with by London bridge doth much occasion the Tide of Flood being the shorter And if great Care had not been taken by the Trinity-house in the government of their Ballast-Lighters and ordering them not to draw up Ballast too near the Banks of the River there would have been great danger of another accident that might have curtail'd the Tide of Flood I mean by their coming nearer to the shoar than the safety of the great Level by Limehouse will admit In the same time that they can draw up one Tun of Ballast in deep Water they may draw up three near the shoar A breach in that Level did within these few Years cost the Proprietors 25000 l. a third part of the value of the Land And if a new greater breach came perhaps it would not be repairable and possibly cause the Thames not to flow up so far as it did and yet doth But any thing of this Nature we may well hope will be prevented by the excellent Management of the Ballast-Office by the industry of that Virtuous and Prudent Lady the Lady Brooks who hath the Lease thereof from the Trinity-house and
Kingsale referred to with Honour p. 48. An Account of the Invention of Gunns in the Year 1378. i● That Invention maligned by Polydore Virgil Cardan and Melancton ib. King Alfred the first Inventor of Lanthorns p. 49. Of our new Invented Glasses and Lamps p. 50. Of the Scarlet or Bow-Dye p. 51. Of the New-River-Water p. 52. An Account of the New Engine for taking away Obstructions and Shelfes in the Thames and other Royal Rivers p. 53 54. How much the River of Thames is shallower before the King's Yard at Deptford since King Charles the second 's Restoration p. 55. Of the City of London's Applications to the former Commissioners of the Admiralty for the Preservation of the River of Thames p. 56. Of the City of London's Reasons in writing presented to that Board against Letters Patents for licensing Encroachments p. 56. If that River were spoil'd the great Trade of England would be transplanted not to other Sea-Port Towns in England but to Forreign Parts p. 57. A Lease made of a great part of the Soil of the River and by which the Conservatorship thereof may accrue by Survivorship to a Colour-man in the Strand ib. Those Commissioners of the Admiralty took much Pains in preserving that River ib. The Report from the Judge of the Admiralty of the Admiral 's being Conservator of all the Royal Rivers and having a Concurrency with the Lord Mayor in the Conservacy of the Thames p. 58. The Wisdom of our Ancestors in making them both Conservators of it p. 59. Of the Conservators of the great Rivers among the Romans ib. p. 60. The River of Thames now labouring under its most Critical State p. 60. The great ill effect that the Fire of London had on the Thames p. 61. The Stream of the Thames more clear and gentle than that of Severn and the Cause thereof ib. p. 62. Why the Tide flows up so high into the heart of this River p. 62. The Cause of the shifting of the Tides there ib. The three Constituent parts of a River p. 64. Of the destruction of several great Rivers by Sullage ib. The Administration of the Banks of great Rivers is a part of the Regalia p. 65. The Conservatorship of such Rivers is a part of the Regalia ib. Of the Conservators of such Rivers and their Banks among the Romans p. 66. This Branch of the Regalia granted to our Admirals in their Patents ib. The Vice-Admirals of Counties are in their Patents from the Admiral appointed Conservators of the Royal Rivers there ib. Of those Vice-Admirals Non-user of the Power to demolish Nusances p. 67. Of the Agreement of the Common-Law and Civil-Law Judges An. 1632. that the Admiral may redress all Obstructions in Rivers between the first Bridges and the Sea p. 68. Licenses granted by the Admiral for enlarging Wharfs c. p. 69. The illegality of granting Forfeitures before Conviction p. 72. Sir George Treby the Attorney General mention'd with Honour ib. The Benefit the People now find by being freed from illegal Grants of Forfeitures before Conviction doth much outweigh all the Taxes they pay to their Majesties p. 77. The Passage concerning the Alderman who ask'd King Iames the first if he would remove the River of Thames ib. p. 78. Of the Survey of that River by Sir Ionas M●or p. 79. Of the Survey of that River by the Navy-Board and Trinity-house with the assistance of Captain Collins ib. p. 80. Captain Collins his Draught of that River commended ib. The only way possible for preventing future Encroachments on that River ib. The Nature of the Office of a Conservator as defined by the Writers of the Regalia p. 81. The same agrees with the Measures of our Law-Books ib. Granting things to the Low-water-mark vexatious p. 83. The Course taken by the Council-Board An. 1613. to preserve the River of Tyne p. 84 85. An Order of Council for demolishing a Nusance to Navigation in the Port of Bristol An. 1630. p. 87. More of the Conservacy of the Royal Rivers ib. p. 88 89. That Care be taken against the Sea-mens being molested ib. p. 90. In a little more than 12 Years after the Year 1588. our Seamen were decay'd about a third part p. 90. In the Act of 35 Eliz. for restraining New Buildings a tender regard was had to the Sea-men ib. p. 91. A necessary Document to be thought of by the Conservators of our Rivers p. 92. The Wardmote Inquest referr'd to for the preservation of the River of Thames p. 93 94. A fifth part of the River of Thames in our Memory taken in by Encroachers p. 95. The Profit accruing from the River of Thames to the Admiral and Lord Mayor ib. p. 90. Of the Charge incident to the Lord Mayors in the Conservacy of that River ib. Of the Charge born by the City in the obtaining Patents to be vacated that prejudiced that Conservacy ib. p. 97. Of the City's applying to King Edward the 4 th for a Scire Facias to vacate a Patent of that Nature and of the Lord Mayor's obtaining and prosecuting that Scire Facias to effect p. 97. The Diligence of several late Lord Mayors in thus shewing their Zeal for the Conservacy of the Thames ib. The present Lord Mayor referr'd to with Honour on the same account p. 98. Courage in Magistrates commended ib. The City of London apply'd to the Government in Henry the eighth's Reign for a Proclamation and obtain'd one for the better enabling the Lord Mayor and his Deputies to promote the Conservacy of the River of Thames p. 99. Of the late King Iames rejecting a Proposition for Building on the Shore above Bridge p. 100. More of the present State of Encroachments on that River below Bridge and the only way to prevent future ones there and in the other Royal Rivers from p. 107 to the end To the Right Honourable Iohn LORD Churchill Baron Churchill of Sandridge Viscount Churchill of Aymouth in the Kingdom of Scotland Earl of Marlborough and one of their Majesties most Honourable Privy Council My most Honoured LORD IT hath been observed by several of our late ingenious Writers that an eminent Venetian Embassador after a long residence in England sayling homeward did cast his Eye back on this Land and said in his own language O Isola felicissima c. The happiest Countrey on the face of the Earth did it not want publick Spirits among them Nor do I think that the pudet haec opprobria nobis c. was in any Age so justly applicable to England on this account as in the present one wherein Men generally depraved by a selfish inhospitable temper do like the Hedge hog wrap themselves up in their own warm Down and shew forth nothing but Bristles to the rest of the World and cry out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when they have found a Stone to throw at an Inventor of any thing beneficial to Mankind instead of giving a tender
the Walls of our Nation with their vile Pens and such Epistolae obscurorum Virorum should meddle with the Gally-●oists of my Lord Mayor's Show and not first Rate Ships And I believe had any such pauvres Diables in France so belyed the Sh●p St. Lewis they would have been Pillory'd or Keel-hauled under her Our excellent Statesman Sir William Temple who truly deserves the Name of a publick spirited Man for the excellent Writings he hath published in his Su●vey of the Constitutions and In-Interests of the Empire and other Countries with their relation to his Majesty in the Year 1671. mentions the strength of our Shipping as having for many Ages past and still for ought we know made us an over-match for the strongest of our Neighbours at Sea and speaks of the Dutch having been awed by the strength of our Oak and the Art of our Shipwrights c. It is therefore not without reason that the Charter of the Corporation of our Shipwrights hath obliged them not to communicate their Art to any Forreign Prince or State But yet when I consider that whereas the Contracts of the Navy-Board for building of Ships did 'till within these few Years past oblige the Builders to build with good substantial English Oaken Timber and Plank and that such not being now to be had that word English is left out and liberty given to build with forreign and further consider that application was made to the Ministers of King Charles the second by the Cnrporation of Shipwrights shortly after his Restoration with their Proposals in Writing for the preservation and encrease of Oaken Timber and Copies of which I have seen under the Hand of Sir Phinehas Pett and many others of the most eminent of that Corporation and that those Proposals being referred to the then Attorney General he referring their Consideration to the Navy-Board Sir William Coventry Mr. Pepys Sir William Batten and the rest of the Commissioners of the Navy did with great Iudgment Report in Writing how and where a sufficient number of Oaken Trees might be planted in his Majesty's Forrests and that the judicious Report from that Board carryed with it self-evidence of the practicableness of th● thing with ease and that had not so great a Proposition then evaporated but on the contrary have been vigorously pursued the Oaken Timber sufficient for the use of the Navy Royal had now been in a forward way to its sufficient growth For it having been known that Acorns sown have in the space of thirty Years born a Stemme of a Foot diameter 't is obvious how soon they will bear a stemme of a foot and a half diameter and that such Timber so of a foot and a half will be sufficiently serviceable in the building of Ships I say when I consider these things and fear how few else consider them here and how many observe and consider them abroad I think there is too much occasion to bewail our Soils not being fertile with men of publick Spirits Whether we shall at this rate come to build with English Oak again before Plato's great Year I know not But my Lord this that I have said doth speak or as I may say cry it aloud to us that while we have the Mill'd●Lead Sheathing for Ships without fear of losing it that he will scarce deserve to be thought a Patriot who at this time of day when the Crown hath so little Timber in its Forrests serviceable for Shipping and hath Lead of our own for Sheathing would have it unnecessarily send a great deal of Money for Eastland ●irr for that purpose of which the arrival here will be so uncertain and indeed hazardous in time of War My Lord I intend not to entertain your Lordship with Rhetorical flourishes and Harangues of the usefulness of the Invention of the Mill'd-Lead Sheathing It is of Age in the World to speak for it self and it hath had the Honour not only to have great unbyass'd Artists for its Encomiasts but a great Prince who had a profound Iudgment in the Shipwrights Mystery I mean King Charles the second For as soon as Sir Francis Watson had acquainted him with the Invention of Milling Lead for Sheathing his Majesty was very impatient 'till he had made experiment thereof whereupon Lead was prepared by a small Engine wherewith the Phoenix a fourth Rate was sheathed by Sir Anthony Dean at Portsmouth which he saw done with care the Bolt-heads c. being fairly parcelled as they ought to be in any sheathing and after divers Voyages to the Straits Guinea and the West Indies she had her sheathing strip'd at seven Years end to repair the Plank but not for any defect in the Sheathing it self Nor could those of the Navy-Board when at their attendance on the Council with their Complaints of Eight Ships in Twenty make the least Objection though they were fairly challenged to it against the Rudder-Irons Bolts or other Iron work of the Phoenix the which made that judicious Peer the then Earl of Hallifax declare That if of twenty Ships they complained of Nineteen and had nothing to say against the twentieth he must conclude it to be the Workmens fault for if they had done the other nineteen as that twentieth Ship was done they must have proved all as well as she The King also at the same time when they objecting that the Merchants did not use it which they would do if it was so good a sheathing as was pretended replyed That the Shipwrights whose best Friend the Worm was wanted not Skill to discourage them yet that their decrying it must soon be discerned to proceed from their interest And indeed it is obvious how the Shipwrights do influence the Merchants and Owners in the Sheathing and other Repairs of Ships by their being generally Part-Owners in all the new Ships they build Nor is it to be wondred at that the King from the beginning gave all the encouragement he could to this Invention for when he considered of the thing upon Sir Francis Wat●on's first laying it before him his Majesty pressed him to make effectual Preparation for the Work saying It would save him at least 40000 l. a Year in his Navy the which was not improbable if it had met with that due encouragement use and application for Sheathing Scuppers Bread rooms and all other purposes it was capable of with regard had to the charge and damage that a Wood-sheathing brings to the Plank by the great Nail-holes which they use to spile up at stripping and other inconveniences that attend Wood-sheathing And here it occurrs to my thoughts that his Majesty being occasionally in Dep●ford yard as the Workmen were bringing on an ordinary Straits-sheathing with Wood upon one of his small Ships he asked them why they did not sheath her with Mill'd-Lead and answer was made she was a weak Ship and required strengthning The King thereupon replyed they had as good have sheathed her with Sar●enet as such a sheathing
Sir W. P's Calculation of a Tax of one Million above six Millions may be raised and no Man feel it much if equally laid And thô it falls heaviest upon Persons yet according to it no Man will pay ● tenth of his yearly expence It is certainly now the Opus diei and a propos what he had said before in tha● Page viz. That he believed that the suture State of Christendom will necessa●●rily prompt all Patriots instead of stu●dying to make men unwilling to promote publick Supplies to bend thei● Brains in the way of Calculation t● shew what the Kingdom is able to con●tribute to its defence and how to d● it with equality Your Lordship will find this Book sol● at the Shop of William Rogers Book●seller at the Sun over against St. Du●stans Church in Fleetstreet as I find 〈◊〉 in an Advertisement thereof in one 〈◊〉 the New Almanacks for the Yea● 1691. I must frankly own that I should no have repented of my expence in the purchase of this Book had there been 〈◊〉 Calculation in it but that in p. 188 and 189. where the Author Calculates the number of the now living here who were born since the Year in which our Civil War ended or were then Children viz. of such Years as not to have experienced or been sensible of the Miseries and Inconveniencies of the War and a Calculation of what Numbers of those who lived in 1641. are now dead and what proportion of those now living who lived in the time of the War did gain by the War and of the number ●f such in Ireland and Scotland The Au●hor giveth a very momentous reason ●or the finding out those things by Calcu●●tion and the which might well seem ●mpossible to be perform'd For that ●rinces and their Ministers being ratio●ally to be steer'd in their apprehensions 〈◊〉 the danger of Civil War by the great ●ule of Dulce Bellum inexpertis ought ●arefully to have their Eye on the Num●ers of such inexperti in any long time 〈◊〉 Peace So little regard hath been had by our ●eat Political Writers to Matters of ●alculations and Accounts of the Re●enues of Princes that I have in the great Thuanus observ'd but one passage relating to the same and which by this Author is cited p. 246. viz. as to the Receipts and Expences of Lewis the 13th for the Year 1614. and in p. 250 out of his own Observation he makes the Expences and Receipts of the present French King more than quadrupled since as to what they were in the Year 1614. and in the so much cry'd up Political Treatise call'd Nouveaux Interests des Princes de l'Europe and commended by the Author of la Republique des Lettres there is little or nothing of such Political Calculations contained But tho at present in the many such curious Calculations presented to the Age by that Author of the Happy future State of England he doth as to the Rabble of Readers Vinum raris praeministrare whereas Water would have served their turns as well yet I believe its impression on Men of refined thought and sense will be such as to make the way of writing of Politicks hereafter without Calculations grow as much out of Fashion as the garb of Trunk-breeches My Lord I have herewith for your Lordships farther Entertainment thought fit to publish Sir William Petty's rough draught of Naval Philosophy The filings of Gold are precious and a Schytz or hasty Piece of Painting done by a great Hand is of great Value To have drawn so great an historical Picture of that Philosophy as he had the Idea of in his Mind would have took up his whole Life And he therefore considering the little value the Age hath for such Curiosities thought it only worth his while to finish this Piece up at one sitting and to shew Posterity what he could have done But in this as it is the Judicious few will find many a Coup de Maitre and may instruct themselves thereby in some very considerable principles relating to Naval and Maritine knowledge My Lord I know that Providence hath so disposed of the course of your Lordships Life as to call you to do things that are to be written of rather than to read things by others already written Your Lordships great and successful Courage and Conduct lately so conspicuous to the World in the taking of Cork and Kin●ale will employ the Writers of the Annals of our Nation and adde a further lustre to the Name of Marlborough which was so much ennobled by your Lordships Predecessor that the great Poets of the Age crown'd him with their just Laurels when they said Marlborough who knew and durst do more than all There is one noble Invention that was there tributary to your Lordships success I mean that of Guns But as great and noble as this Invention is and which was found out by a German in the Year 1378. and whereby the Lives of Men if we reckon by wholesale are better preserved in the defence of Cities and by the fate of Victory being sooner decided in Camps that hinders Armies from so much butchering one another as formerly it hath been by snarling Writers of great Name maligned and because by it some Men were killed by retale it hath been render'd execrable and diabolical and that not only by Polydore Virgil but by Cardan and Melancton Nor need it be told your Lordship how much this Invention hath been improved since its first use The manner of contriving and applying them hath not been less improved than the way of preserving light for the Passengers in our streets since the finding out of Lanthorns hath The only Author I know who hath recorded the Original of Lanthorns is our learned Antiquary Mr. Gregory in his learned Notes on Ridley's View c. He there tells us p. 286. That the Inventor of Lanthorns was our King Alured in whose dayes the Churches were of so poor and mean a structure that when the Candles were set before the Relicks they were often blown ou● by the Wind which got in not only per Ostia Ecclesiarum but per frequent●s parietum rimulas insomuch that the ingenious Prince was put to the practice of his dexterity and by occasion of this Lanternam ex lignis bovinis cornibus pul●herrime construere imperavit by an apt composure of thin Horns in Wood he taught us the Mystery of making Lanthorns But our New invented Glasses and Lamps that casting out so powerful and extensive and withal so durable and chearful an Illumination as to make Mens passing about their Affairs in the Night not only tolerable but pleasant have much outdone the Lanthorns invented by our Monarch in diebus illis Yet on the publishing of a Paper containing the various uses this Invention might be of to the Nation and wherein it was mention'd inter alia that these Lights might for the publick good be employed at the Light-houses which give directions to Sea-faring People in dark
a Parade of Officers and gilded Maces going before him hath been long obey'd in the quenching of Fires My Lord I believe the English Nation is doubled in populousness since the ancient Methods were first used of trusting the Care of Conservacy of the Royal Rivers in the Countrey to our Vice-admirals whose so long Non-user of their power relating to the Encroachments on them hath sufficiently appear'd by the many Patents of those Encroachments in the several Countreys granted in the Reign of King Charles the second and the which hath beside the inconvenience of the straitning those Rivers produced another to our Navigation namely the Creating much trouble by innumerable Law-suits to our Navigators who generally inhabit by the sides of those Rivers and where their Ships use to lye And it is pitty but that some Clauses should have been inserted in those Patents to direct a different way of Prosecution in their Case from that of other Subjects and that unless very enormous prejudice had come by their Encroachments to the Royal Rivers the Seamen might not have been put to it to give Compositson-money for the licensing their Nusances It hath been truly observ'd by a late Writer That Seamen are easily tempted to seek good Entertainment in other Countreys if they find it not in their own and that they are apt to change their own Quarters and embarque in Forreign Service sometimes upon a Capricio of their reputing themselves disobliged at home and at other times on their expectance of being better used abroad And in a Remonstrance from Trinity-house to the Earl of Nottingham Lord high Admiral it was certify'd by them to his Lordship that in a little more than 12 Years after 1588. the Shipping and Number of our Seamen were decay'd about a third part It seems by the wise Conduct of the Government then our Sea-men and their numbers were carefully enroll'd But so indulgent was Queen Elizabeth to the Seamen in her Reign that we find in the Act of Parliament 35 Eliz. c. 6. An Act for restraining of New Buildings a particular tender regard is had to the Seamen for there it is said Provided also notwithstanding any thing in this Act it shall and may be lawful for every such Mariner Sailor c. as shall be allow'd by the Lord Admiral a●d the Masters and Company of the Trinity-House for the time being in writing under their Hands and Seals to continue in his habitation in any House that hath been built sithence the said Proclamation near to the Thames-side serving only for the habitation of such Mariner and not to be used for any Victualling-house nor for any House for any Merchandize c. and likewise that any Mariner may hereafter build any House for such purpose and for no other on or near the Thames-side so as it may be distant from the very Wharf or Bank thirty Foot so as People may pass between the said Houses and the said Bank and the Thames c. I speak not this as if I would have any Mariners make any new Encroachments on any of our Royal Rivers especially on the Thames which is already so much straiten'd But I urge it to shew how the Wisdom of the Government then did make it as I may say a fundamental Rule for the Preservation of the River of Thames that even while encouragement was providing for the Sea-men the Walls of the Kingdom yet Houses by the Thames should not be permitted but by the Allowance of the Admiral the great Conservator of all the Royal Rivers and the Trinity-house first had under their Hands and Seals Several of the Members of the Trinity-House dwelling by the Thames-side below Bridge cannot but as they go up and down by Water take notice of the Encroachments as they are making and which of them will eminently prejudice the River and which not and so are the more proper to be consulted in the Case And from hence we may Collect this great Document and so necessary to be thought of again and again by the Conservators of our publick Rivers namely That whatever alteration is made in them by building on them thô never so little ought to be with great Care and with the use of the Consilium peritorum and not by the arbitrage of private Patentees and their Executors but by the Publick Conservators to whose personal Circumspection and Skill that great trust was always committed by the Government the Office of the Admiral having never been granted by Inheritance as some great Offices viz. the Earl Marshal and Lord Great Chamberlain have been And there is another instance of the ancient Care of the Government over the River of Thames that is very memorable namely the excellent Institution of the Wardmote Inquest the which thing hath worthily made the Government of the City of London so famous all over the World I have read the Articles of the Charge of the Wardmote Inquest that were in print in Queen Elizabeth 's time whereof the 4th Article is Ye shall swear that ye shall enquire and truly present all the Offences and Defaults done by any Person or Persons in the River of Thames according to the intent and purport of an Act made by our late Sovereign Lord King Edward the 6 th in his High Court of Parliament and also of divers other things ordain'd by Act of Common Council of this City for the redress and amendment of the said River which as now is in great decay and ruine and will be in short time past all remedy if high and substantial Provision and Help be not had with all speed and diligence possible as more plainly appeareth in the said Act of Parliament and the said Act of Common-Council of this City Here the most grave and substantial Citizens are put to it by a promissory Oath to stake their Eternities and in effect to invocate God both as Witness and Revenger about their doing right to that River in their Presentments and I am sure the present State of it being conformable to the Words in that Article relating to its great decay and ruine c. is what they may safely swear in an Oath assertory Howel in his Londinopolis p. 392. speaks of this Article still continuing in Presentments in the Wardmote Inquest When the Government did anciently order the Lord High Admiral and the Lord Mayor to espouse the Interest of this River our Monarchs did not present to them as one did who told a Roman Emperor he offer'd him a Lady who was Vidua indotata As much as it hath been as I may say widdowed and bereaved of that Care it should have found while many now living remember at least a fifth part of it to have been taken in by Encroachers it brings in still a very fair and plentiful Dower to the Lord Admiral and Lord Mayor The Lord Admiral hath been by it enabled to support the Trinity-House by the Ballast-Office and I in my Conscience think it well
the most effectual means and he being so of●en upon the River knew well that it would bear no more En●roachments it 〈…〉 in the Pool so full of 〈…〉 in of the 〈…〉 that a B●ar can hardly pass He 〈◊〉 that the great strai●ness of the 〈…〉 the Conserva●o●s 〈…〉 more Ships to 〈…〉 been formerly 〈…〉 might produce ●he danger of 〈…〉 His Majesty and a●l his People both representative and diffusive had been long sufficiently acquainted with the Doctrine of Nusa●ces since the passing of the Act against Irish Cattel and that a Patent for a Nusance was not worth its weight in burnt Silk And he hath been often heard to say that he would damn all Patents that damned the River and that the granting of things to the Low-water-mark must needs be vexatious for that the Neap tides and Spring-tides being so various at different times of the Month and different times of the Year beside all variety of Wind and Weather from abroad the great uncertainty of such Grants must make perpetual disturbances among his Subjects and that if any presumed to take in the River to what may seem the Low-water-mark that then Ships lying by the Walls would encrease the Mudd there and add to the dirt thrown in and that that might be built on too and so the River be annihilated And he being inform'd that the Person who had made that Encroachment so prejudicial to the River and which he purchased for 20 l. was only Fined by my Lord Mayor's Court of Conservacy 5 l. for it was resolved to have it demolish'd b●th for the good of the River and to terrifie Encroachers for the future for that he well knew the demolishing of that one Encroachment would spoil the Market of selling Nusances for ever Nor is it to be wonder'd at that his Majesty was so thoughtful and resolv'd about the preservation of his River of the Thames since the Care of some Royal Rivers not so considerable as that hath been known to take up so much of the time of the Council-Board when they were much endanger'd by Obstructions and Annoyances I shall here take occasion to mention what I find in Sir Julius Caesar 's Manuscript Collections of Matters of State that after King James had granted the Conservacy of the River of Tyne to the Mayor and Burgesses of New-Castle Complaints were brought to the Council-Board of the great Decay of that River whereupon on the 29th of January An. 1613. certain Articles were order'd to be put in execution for the remedying the Abuses complained of And it appearing that that River was in such eminent danger of being destroy'd if a very speedy course were not taken concerning it the Council order'd that Sir Iulius Caesar and Sir Daniel Denne one of the Judges of the Admiralty with the assistance of the Trinity-Masters of London should draw up additional Articles to be joyn'd with the former for the effectual Conservation of that River And one of them was That some truly trusty substantial Men Burgesses of New-Castle be appointed to View the River every Week and to make Oath of the abuses done to the same two of them to be Masters of the Trinity-House of New-Castle and they to have no Coles nor Mines nor Ballast-shores and who might be thought not concern'd for their own profit in casting Sullage into that River The Government then thought not fit to make any Men Guardians of the Soil of that River who had a pretence by Patents to inherit it In short when the Sun is just come into its Winter Tropic the dayes begin to lengthen and not 'till then and when things were at the worst with the River of Tyne they did then begin to mend And the Wisdom of the Government shew'd its Dominion over all the Starrs whose influences threatned that Royal River Dictum factum and that River is preserv'd to this day and so I hope with Gods help will the River of Thames and all our Royal Rivers be for ever It was the saying of Maximilian the first Deus aeterne nisi vigilares quam male esset mundo quem regimus ego miser Venator ebriosus ille Julius The Viceadmiral of the County and the Mayor of Newcastle were in that Conjuncture drowsie Conservators of that River but Divine Providence was then awake to preserve that great useful River and to awaken the Government to take those Measures for its preservation that were necessary and suitably to which a fac simile might easily be taken on occasion for any other of our Royal Rivers There is another of the Royal Rivers where the great Concern of Navigation did so wo●thily employ the time of the Council-Board in the Reign of King Charles the first For one Morgan having built a House at Crockyern●●ill in the Port of Bristol and in which place Posts had formerly b●●n er●ct●d for Ships and Barks being fasten'd to them the Lords of his Majesties Council upon a Complaint of that hindrance to Navigation made an Order that Morgan should demolish and pull down that House that so Posts might remain there as formerly for the fastening of Ships as may appear by two several Orders made at Council-Board the one bearing date the 11 th of June An. 1670. and the other the 29th of October And if any private Person may abate a Nusance even before prejudice receiv'd none need make it a Question whether the King or his Privy Council may or Persons by them Commission'd so to do Because as we say that which is every body's work is no body's for that reason the Law hath entrusted that power of abating Nusances in the Royal Rivers to the Lord High Admiral as their Conservator ex Officio and here for the doing that in the River of Thames the Lord Mayor hath been admitted to that trust and it is vested in both of their Offices both by Grant and Prescription according to that distinction so often used among the Writers of the Regalia cumulativè but not privativè that is to say by the accumulating the power of Conservacy both to the Lord Admiral and the Lord Mayor neither of them is deprived of it Neither would either be deprived of the exercise of their Power of demolishing Nusances if the King should grant a Commission to many other particular Persons so to do Nor yet would the Commissionating of many other such Persons deprive the rest of their fellow Subjects of their right so to do And here it is obvious to be said by the way that thô a Patent that pretends to grant Encroachments or Nusances is void yet a Patent or Commission to throw them down is most certainly very legal But yet if any Man were so publick-spirited as without a Patent to attempt a thing so beneficial to his Countrey he would be able to effect it with as much readiness as that honourable Person who hath on many Accounts deserv'd so well from his Countrey the Earl of Craven without Patent or Commission or