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.
LONDON, Printed Anno, 1685.
THE Royal Charter OF CONFIRMATION Granted by His most Excellent Majesty King JAMES II. TO THE TRINITY-HOUSE OF DEPTFORD-STROND.
JAMES the Second, By the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c, To all to whom these Presents shall come, Greeting. Foundation of this Charter. Whereas our well beloved Leiges and Subjects, Shipmen and Mariners, of this our Realm of England, consisting [Page 2] of Master, Wardens, and Assistants of the Guild or Fraternity of the most glorious and undividable Trinity, and of St. Clement in the Parish Church of Deptford Strond in our County of Kent, are, and have been of long time, a Corporation, and have enjoyed sundry Grants, Liberties, Priviledges, and Immunities, by force of divers Charters, Former Charters. and Letters Patents, heretofore made unto them by several Kings and Queens of this Realm. And Whereas the said Master, Wardens, and Assistants, have humbly besought Us to Renew and Confirm their said Charters, and to Grant unto them such further Authorities and Priviledges, The Ends thereof. as well for the good government and increase of the Navigation of this Kingdom, as for the better ordering and establishing of the said Corporation, and the releif of the poor Mariners, their Widdows and Orphans, as We in our Princely care should think meet.
Know ye therefore, that We taking [Page 3] the premisses into our Royal consideration, and well weighing how highly it imports the good state, and welfare of this our Realm, and of our good Subjects thereof, and the encrease of Navigation, that all disorders in the said Corporation should be redressed; And out of an earnest desire, that such good and decent orders may be established and practised in the said Corporation, as may most tend to those ends for which the said Corporation was first instituted, and to the promoting of the general good; Have of our Especial Grace, certain Knowledg, and meer Motion, Given, Granted, The Corporation confirmed. and Confirmed, and by these Presents, for Us, our Heirs, and Successors, do Give, Grant, and Confirm unto our said trusty and well beloved Subjects, the Master, Wardens, and Assistants of the said Guild or Fraternity of the most glorious and undividable Trinity, and of St. Clement in the Parish Church of Deptford Strond in the said County of Kent; That they, from henceforth be, and shall be called and accompted [Page 4] one body Corporate and Politick indeed and in name, by the name of the Master, Wardens, and Assistants of the Guild Fraternity or Brotherhood of the most glorious and undividable Trinity, and of St. Clement in the Parish of Deptford Strond in the County of Kent.
Their Name.And them by the same name of the Master, Wardens, and Assistants of the Guild, Fraternity, or Brotherhood of the most glorious and undivided Trinity, and of St. Clement in the Parish of Deptford Strond in the County of Kent, We, for Us, our Heirs, and Successors, do erect, make, ordain, constitute, declare, and confirm by these Presents one body Corporate and Politick indeed and in name.
And that by the said name of Master, Wardens, and Assistants of the Guild, Fraternity, or Brotherhood of the most glorious and undivided Trinity, and of St. Clement in the Parish of Deptford Strond in the County of Kent, they shall from henceforth have perpetual Succession, Their Succession perpetual. [Page 5] and that they, and their Successors, by the same name, be, and shall be, at all times hereafter, a body Corporate and Politick, and Persons able, and capable, in Deed and in Law, not only to have, hold, occupy, possess, enjoy, and retain all and singular the Usuages, Customs, Liberties, Old Rights continued. Priviledges, Jurisdictions, Franchises, Preheminences, Benefits, and Commodities whatsoever, which they or their Predecessors, by the same, or any other name or names of like Corporation, have heretofore had and enjoyed, or at this present do hold and enjoy: But also to have, hold, occupy, purchase, receive, possess, New allowed. enjoy, and retain any other Liberties, Priviledges, Jurisdictions, Franchises, Preheminences, Benefits, and Commodities, of what kind, nature, or quality soever they shall be, to them and their Successors for ever.
And also by the same name to have hold, purchase, receive, take, possess, To hold Lands, &c. and enjoy; And also to give, grant, demise, alien, [Page 6] assign, and dispose Lands, Tenements, and Hereditaments, and Goods, and Chattels, or any of them, and to do and execute all, and singular, other thing and things whatsoever.
To plead and be impleaded.And that they and their Successors by the same name may plead, and be impleaded, answer and be answered, defend and be defended, in all or any whatsoever Court or Courts, Place or Places, Jurisdiction or Jurisdictions, and before whatsoever Judge, Judges, and Justices, and other Persons and Officers, in all and singular Actions and Plaints, Pleas, Suits, Quarrels, Causes, and Demands whatsoever, of whatsoever kind, nature, quality, or sort, in such manner and form, and by all those ways and means, and to such end and purpose, as any other our Leige people of this our Realm of England, being persons able and capable in Deed or Law, may or can have, hold, purchase, receive, possess, enjoy, retain, give, grant, demise, alien, assign, and dispose, plead and be impleaded, [Page 7] answer and be answered, defend and be defended, or do permit and execute.
And that the said Master, Wardens, To have, break, and alter their common Seal. and Assistants and their Successors, or the greater part of them (whereof the said Master for the time being to be always one) may make or cause to be made, and have for themselves a Common Seal, to serve for all the Causes, Business, and Occasions of them and their Successors in that Corporation: And that it shall, and may be lawful, to and for the said Masters, Wardens, and Assistants, and their Successors, the same Seal to break again, and from time to time, at their will and pleasure, to alter, change, and make new, when and as often as to them, or the greater part of them (whereof the Master, or the Masters Deputy for the time being to be always one) shall seem convenient.
And further We will, To have a Master. and by these Presents, for Us, our Heirs, and Successors, do Ordain, That there shall be from henceforth [Page 8] for ever, One of the said Guild, Fraternity, or Brotherhood, to be elected and appointed, in such form, as hereafter in these presents touching the same is expressed, which shall be called the Master of the said Guild, Fraternity, or Brotherhood for the time being.
Four Wardens.And that there shall be also from henceforth for ever, Four of the said Guild, Fraternity, or Brotherhood (to be elected and appointed, in such form as hereafter in these presents touching the same is likewise expressed) which shall be called the Wardens of the said Guild, Fraternity, or Brotherhood for the time Being.
Eight Assistants.And also that there shall be from henceforth for ever, Eight of the said Guild, Fraternity, or Brotherhood (to be elected and appointed in such form, as hereafter in these presents touching the same is also expressed) which shall be called the Assistants of the said Guild, Fraternity, or Brotherhood, for the time being.
And also there shall be from henceforth for ever, Eighteen Elder Brethren. Eighteen (besides the said Master, Wardens, and Assistants for the time being) who are and shall be also Elder Brethren of the said Guild, Fraternity, or Brotherhood (to be elected and appointed in such manner as hereafter in these Presents touching the same is also expressed) which shall be called the Elder Brethren of the said Guild, Fraternity, or Brotherhood, for the time being.
And also that there shall be from henceforth for ever, one Person, And a Clerk. who shall be called the Clerk of the said Guild, Fraternity, or Brotherhood.
And for the better execution and accomplishment of this our Will and Grant in that behalf, We have Assigned, Their first Master. nominated, constituted, and made, and by these Presents, for Us, our Heirs, and Successors, do assign, nominate, constitute, and make our trusty and well beloved Samuel Pepys Esquire, Secretary of our Admiralty [Page 10] of England, to be the first and present Master of the said Guild, Fraternity, or Brotherhood, to continue in the said Office by himself or his sufficient Deputy, His Deputy and how chosen. (the said Deputy to be always Elected, Chosen, and Sworn by the Wardens, Assistants, and Elder Brethren of the said Guild, Fraternity, or Brotherhood, or the more part of them, by themselves or their said Deputies as aforesaid, whereof the Wardens, or Wardens Deputy to be alwayes some, in manner and form, as hereafter in these presents, touching the same shall be limited and appointed) from henceforth until the Morrow after Trinity Sunday, Determination of his Office. commonly called Trinity Munday, now next coming; and so from thence forward in default of a new Election or Choice then to be made of another Master, until himself or some other of the said Guild, Fraternity, or Brotherhood, shall in due manner, according to the intent and true meaning of these Presents, be Chosen and Sworn unto the said Office or Place of Master, according to the Ordinances [Page 11] and Provisions hereafter in these presents touching the same expressed and declared, if the said Samuel Pepys shall so long live.
And also We have assigned, nominated, The four first Wardens. constituted, and made, and by these presents, for Us, our Heirs, and Successors, do assign, nominate, constitute, and make Captain John Nichols, Captain Henry Mudd. Captain Nicholas Kerrington, and Captain William Green, to be the four First and present Wardens of the said Guild, Fraternity, or Brotherhood, to continue in the said Office or Place of Wardens of the same Guild, Fraternity, or Brotherhood, by themselves or their sufficient Deputies (the same Deputies to be Elected, Their Deputies and how chosen. Chosen, and Sworn, by the Master, Assistants, and the rest of the Elder Brethren of the said Guild, Fraternity, or Brotherhood, or the more part of them, by themselves or their said Deputies, as aforesaid, whereof the said Master, or Masters Deputy as aforesaid, for the time being, to be [Page 12] always one, in manner and form also, as hereafter in these presents, touching the same, shall be likewise limited and appointed) from henceforth also until the said Morrow after Trinity Sunday, Determination of their Offices. commonly called Trinity Munday, now next ensuing; and so from thence forward in default of a new Election or Choice then to be made of other Wardens, until themselves or some other of the said Guild, Fraternity, or Brotherhood shall in due manner, according to the intent and true meaning of these presents be Chosen and Sworn unto the said Office or Place of Warden, according to the Ordinances and Provisions hereafter in these presents likewise touching the same also expressed and declared, if they the said Wardens shall so long live.
The eight first Assistants.And further, We have assigned, nominated, constituted, and made, and by these presents, for Us, our Heirs, and Successors, do assign, nominate, constitute, and make, our right trusty and right intirely [Page 13] beloved Cousin Henry Duke of Grafton, and our right trusty and right well beloved Cousin and Counsellor William Earl of Craven, and our right trusty and right well beloved Cousin George Earl of Berkley, and our right trusty and well beloved Counsellor George Lord Dartmouth, our trusty and well beloved Sir Thomas Allen, Kt. and Bar. Captain Symon Nichols, Captain Isaac Woodgreen, and Captain Thomas Brown, to be the eight First and present Assistants of the said Guild, Fraternity, or Brotherhood, to continue in the said Office or Place of Assistants of the said Guild, Fraternity, or Brotherhood, by themselves or their sufficient Deputies (the same Deputies to be alwayes Chosen, Elected, and Sworn, Their Deputies and how chosen. by the Master, Wardens, Assistants, and the rest of the Elder Brethren of the said Guild, Fraternity, or Brotherhood, for the time being, or the most part of them, by themselves or their said Deputies as aforesaid, whereof the Master, or Masters Deputy for the time being to be always one, in manner and form also as hereafter in these presents [Page 14] touching the same, shall be likewise limited and appointed) from henceforth, for and during the Term of their natural lives, Their Office for Life. according to the Ordinances and Provisions hereafter in these presents, touching the same, likewise expressed and declared.
The eighteen first Elder Brethren.And We have also assigned, nominated, constituted, & made, and by these presents, for Us, our Heirs, and Successors do assign, nominate, constitute, and make, our trusty and well beloved Subjects Sir Richard Haddock, Sir John Berry, Sir John Narbrough, Sir Matthew Andrews, S r Anthony Dean, Knights, Captain Henry Sheer, Captain Hugh Till, Captain Samuel Chamblet, Captain Thomas Collier, Captain Anthony Young, Captain John Hill, Captain Francis Wilshaw, Captain Robert Fisher, Captain James Bonnel, Captain Ralph Sanderson, Captain Thomas Wilshaw, Captain Samuel Rutter, and Captain Richard Goodlad, to be the first and and present eighteen Elder Brethren of the said Guild, Fraternity, or Brotherhood, to continue in the said Office or Place of [Page 15] Elder Brethren from henceforth, for and during the term of their natural lives, Their Office for Life. according to the Ordinances and Provisions hereafter in these presents likewise expressed and declared.
And we have assigned, named, constituted, and appointed, and by these presents, for Us, our Heirs, and Successors, do assign, name, constitute, and appoint, our trusty and well beloved Samuel Hunter, Gentleman, Their Clerk. to be the Clerk to the said Guild, Fraternity, or Brotherhood aforesaid, to execute the said Office by himself or his sufficient Deputy or Deputies; His Deputy and how to be chosen. which said Deputy or Deputies to be first approved of by the Master, Wardens, Assistants, and Elder Brethren of the said Fraternity, or Brotherhood, aforesaid, for the time being, or the Major part of them.
And our further will and pleasure is, and we do hereby declare and grant, Who are younger Brothers. that all the rest of the Seamen and Mariners, of, and belonging to the said Guild, Fraternity, [Page 16] or Brotherhood, and their Successors in the said Corporation, shall be called and accompted Younger Brothers.
Out of which said Master, Wardens, and Assistants, and eighteen (being all in number one and thirty persons) Elder Brothers, shall, and may be chosen, from henceforth yearly for ever, Time, Manner, and Place, of choosing their Master. on the Morrow after Trinity Sunday, or in any other time of the year, and in such convenient place, as for the commodity of the said Guild, Fraternity, or Brotherhood, it shall be thought fit and convenient, by a consent of most Voices of the said Guild, Fraternity, or Brotherhood, (as well of Elder as Younger Brothers) one Master, in the stead and place of such Master as shall be then wanting by death, displacing, absence, or serving forth of his time, in such sort, manner, and form as hereafter in these presents touching the same shall be declared and set forth; That is to say, the said person, so to be elected and nominated to the Office or [Page 17] Place of Master, shall be Master of the said Guild or Brotherhood, from the time of the said new Election and Choice untill the Morrow after the said Trinity Sunday, commonly called Trinity Munday, then next following, and so from thence forward until the next new Election and Choice of another Master, as is aforesaid.
And yet nevertheless, the same person being so elected and nominated to be Master of the said Guild, Fraternity, or Brotherhood, as is aforesaid, before he or they be admitted to the Execution of the said Office or Place, shall make, take, and receive upon the holy Evangelists, a Corporal Oath, before or in the presence of the said Wardens, and Assistants, and eighteen persons of the said Guild, Fraternity, or Brotherhood, or their Deputies as aforesaid, or the more part of them, The Masters Oaths. That he, from time to time, during his Mastership shall well and truly execute and perform the said Office or Place of Master in all things concerning the same, and also touching [Page 18] the Allegiance and Supremacy of Us, our Heirs, and Successors, according to the Statutes in that Case made and provided; and that immediately after the said Oaths so taken, he shall and may execute and use the said Office and Place of Master of the said Guild, Duration of the Masters Office. Fraternity, or Brotherhood for one whole year, from thence next and immediately following, or untill the said Trinity Munday then next following, and so forward unto the time of the next new Election and Choice of another Master.
And moreover, Our will and pleasure is, and by these presents, for Us, our Heirs, and Successors, We do give and grant unto the said Master, VVardens, and Assistants, and to their Successors, that when, and as often as it shall happen, the Master of the said Guild, Fraternity, or Brotherhood, for the time being, to die, or to have served forth his time, or to be displaced, or removed from his said Office or Place of Master (which Master not demeaning himself well in his said [Page 19] Office or Place of Master, We will, The Master removeable and how. shall be from time to time removable at the will and pleasure of the said Wardens, Assistants, or their Deputies as aforesaid; or the greater part of them, whereof two of the said Wardens, or two of the said Wardens Deputies, for the time being, to be always some, together with the residue of the Elder Brothers of the said Guild, Fraternity, or Brotherhood, or the greater part of them) that then, and so often, it may and shall be lawful to and for the said Wardens and Assistants of the said Guild, Fraternity, or Brotherhood, or the greater part of them, by themselves or their Deputies (whereof two of the said Wardens or two of the Wardens Deputies for the time being to be always some) together with the said residue of the Elder Brethren of the same Guild, Fraternity, or Brotherhood, or by the more or greater voice of them all, at their will and pleasure, to displace, and remove him from the said Office or Place of being Master, And another to be chosen in his room. and immediately upon the same to proceed to their new Election [Page 20] and Choice, either of him or some other into the said Office, or Place of being Master, in such sort, manner, and form, as before in these presents touching the same is limited and appointed.
And if any Person, elected and appointed to be Master of the said Guild, The Masters fine for refusing or neglecting to serve. Fraternity, or Brotherhood, as aforesaid, shall refuse the said Office or Place, or shall after he hath agreed thereto, neglect the same, he shall forfeit and lose for every such default twenty pounds of lawful mony of England, in the name of a Fine to be imposed upon him so neglecting, to the use of the said Corporation; And if the said twenty pounds so imposed, shall be denied to be paid, or be not paid within one month (accounting eight and twenty dayes to the Month) next after request thereof made by one of the said Wardens or his Deputy for the time being, And how to be raised. then the same shall, and may be levied, either by distress of the goods and Chattels of such persons so assessed and refusing [Page 21] or neglecting, to be taken by one of the said Wardens, or his Deputy for the time being; which distress shall be ordered as distresses taken for Amerciaments in Leets, or otherwise to be sued for, by, and in the name of any four of the Wardens and Assistants of the said Guild, Fraternity, or Brotherhood, or their Deputies for the time being, in any Court of Record, or Lords Court, by action of Debt, Bill, Plaint, or Information, in which no Essoin, Protection, or Wager of Law shall be allowed to the Defendant; and this to be done from time to time, when and as often as the case shall require.
And also our Will and Pleasure is, and for Us, our Heirs, and Successors, We do further give and grant, unto the said Master, Wardens, Assistants, and their Successors, that when, and as often as it shall fortune the Masters Deputy of the said Guild, Fraternity, or Brotherhood, Masters Deputy removeable, and how, for the time being to die, or to have served forth his time, or be displaced or removed [Page 22] from his Office or Place of Masters Deputy, (which Masters Deputy, not demeaning himself also well in his said Office or Place, We will to be removable at the will and pleasure of the said Wardens and Assistants of the said Guild, Fraternity, or Brotherhood, or the greater part of them, by themselves or their Deputies, together with the major part of the Residue of the said Elder Brethren for the time being whereof two of the said Wardens, or two of the Wardens Deputies for the time being to be alwayes some) That then and so often it shall, And another to be chosen in his Room. and may be lawful to and for the said Wardens and Assistants for the time being, or their said Deputies, or the greater part of them, together with the Major part of the residue of the said Elder Brethren (whereof two of the said Wardens, or two of the Wardens Deputies to be always some) within Convenient time after the Death, displacing, or Removing of any such Master, or Masters Deputie as aforesaid, to Assemble themselves together, at or in [Page 23] such Convenient place as is aforesaid, for the New Election of some one of the said Guild, Fraternity, or Brotherhood (being an Elder Brother) for Masters Deputy, and shall and may then and there, before their Departure from the said place, Elect and Nominate either him again so to be displaced or Removed, or some other of the said Guild, Fraternity, or Brotherhood, (being an Elder Brother) to be Masters Deputy of the said Guild, Fraternity, or Brotherhood, in the place and stead of him that so shall Die, or be displaced, or removed; which person being so Nominated, and Elected into the Office and Place of Masters Deputy of the said Guild, Fraternity, or Brotherhood, shall and may have, Duration of the Office of Masters Deputy. and exercise the same Office and Place in the absence of the said Master, for and during the residue of the said Year, and so forwards, until a New Election or Choice of another Master or Masters Deputy shall be made, according to the purport and true meaning of these presents; He and [Page 24] they taking first such Corporal Oath as is aforesaid, Oath for the Masters Deputy. for the due Execution and performance thereof, and of the Allegiance and Supremacy of Us, Our Heirs, and Successors, as aforesaid,
And if any person, appointed and Elected to be Masters Deputy of the said Guild, Masters Deputy's fine for resing or neglecting to serve. Fraternity, or Brotherhood as aforesaid, shall refuse the said Office or Place without Just Excuse or Cause of Let, or shall after he hath agreed thereunto Neglect the same, he shall forfeit and lose for every such Default Ten pounds of Lawful Money of England, in the name of a Fine to be imposed upon him, so refusing or Neglecting, to the use of the said Corporation, to be demanded and levied within such time, and in such manner, And how to be raised. as the said fine of Twenty pounds hereby imposed upon any Masters refusing his Office is hereby directed to be demanded and Levied, and so from time to time, when, and as often as the Case should so require.
And also our Will and pleasure is, and by these presents, for Us, Our Heirs, The Choice of the Wardens. and Successors, We do give and grant unto the said Master, Wardens, and Assistants of the said Guild, Fraternity, or Brotherhood, and to their Successors, that the said Master, Wardens, and Assistants, or the greater part of them, by themselves or their Deputies, together with the Major Part of the rest of the said Elder Brethren as aforesaid; (whereof the Master or Masters Deputy for the time being to be always one) shall and may from henceforth forever hereafter forth of That Number of One and Thirty Persons (being Elder Brothers) Elect and Choose yearly on the said Morrow after Trinity Sunday, or in any other time of the Year, when for the Commodity of the said Guild, Fraternity, or Brotherhood, it shall be thought fit and Convenient, by a General Consent of most Voices of the said Guild, Fraternity, or Brotherhood (as well of Elder as Younger Brothers) Four Wardens, or so many of them as shall [Page 26] be then wanting by Death, displacing, absence, or serving forth of his or their time, in such sort, manner, and form, as hereafter in these presents touching the same shall be declared and set forth.
The distinction of Lower and Ʋpper Wardens.That is to say, the Two Younger or Nether Wardens, or one Younger or Nether Warden so to be nominated and Elected into the said Office or Place of Warden or Wardens, shall be Wardens or Warden of the said Guild, Fraternity, or Brotherhood, from the time of the said new Election or Choice, for Two whole years next and immediately following, or until there shall be as aforesaid some new or further Election or Choice either of themselves or some Others to supply the place of Wardens; to be called and accompted in the First year of their supplying or serving in that place, The two Younger or Nether Wardens; And the Two Elder or Ʋpper Wardens so nominated and elected into the said Office or Place of VVardens, shall be also VVardens of the said Guild, [Page 27] Fraternity, or Brotherhood, from the time of the said new Election, or Choice, until the Morrow after the said Trinity Sunday then next following, and so from thence forwards until the next new Election or Choice of other Wardens, and those to be called and accompted in the Second year of their supplying or serving in that place, the Two Elder or Ʋpper VVardens; and this Course to be always holden and kept in the Choice and Degree of the VVardens.
And yet Nevertheless the said person or persons being so nominated and Elected to the Place or Office of Warden or VVardens of the said Guild, Fraternity, Wardens Oaths. or Brotherhood as aforesaid, when he or they shall be thereunto Elected, before he or they be admitted to the Execution of his or their said Office or Place, shall make, take, and receive a like Corporal Oath upon the Holy Evangelists before the said Master and Assistants of the same Guild, Fraternity, or Brotherhood, or the [Page 28] greater part of them or their Deputies, and the rest of the Elder Brethren as aforesaid (whereof the said Master or Masters Deputy, for the time being, to be always one) That he, they, and every of them, shall and will well and faithfully Execute and perform their said Offices and Places of Warden or Wardens in all things concerning the same, and also Touching the Allegiance and Supremacy of Us, our Heirs; and Successors, as aforesaid; And that immediately after the said Oaths so taken, he or they shall and may Execute and Use the said Offices or Places of Warden or Wardens of the said Guild, Fraternity, Duration of the Wardens Office. or Brotherhood, for Two whole years from thence next and immediately following, or unto the time of the next New Election and Choice of other Wardens or Warden, according to the Purport and true meaning of these Presents, as is aforesaid.
Wardens Deputy.And Further, We will by these Presents, that the said Warden or Wardens so as aforesaid, [Page 29] from time to time to be elected, nominated, and sworn, during the time that he, or they, or any of them, shall continue in his or their said Offices or Places of Wardenship, be, from time to time to the best of their abilities and skill, Aiding, Counselling, and Assisting unto the Master or Masters Deputy of the said Guild, Fraternity, or Brotherhood, for the time being, in all causes, matters, and things touching or concerning the good and welfare of the said Guild, Fraternity, or Brotherhood.
And also our Will and pleasure is, Wardens removable and how, and by these Presents, for Us, our Heirs, and Successors, We do give and grant unto the said Master, VVardens, and Assistants, and their Successors, that when, and as often as it shall fortune, all or any of the said VVardens, within the said two years next after that they, or any of them shall be nominated, elected, and Sworn into the Office or Place of VVarden or VVardens of the said Guild, Fraternity, or Brotherhood [Page 30] as aforesaid, to die, or be displaced, or removed from the said Office or Place of VVardenship (which VVarden or VVardens not demeaning him or themselves well in his or their said Offices or Places, We will to be removeable at the will and pleasure of the Master and residue of the VVardens and Assistants of the said Guild, Fraternity, or Brotherhood, or the greater part of them, by themselves or their Deputies as aforesaid, whereof the Master or Masters Deputy for the time being to be always one, together with the residue of the said Elder Brothers, and by the more or greater voice of them all) That then and so often it shall and may be lawful also to and for the said Master, And others to be chosen in their rooms, and lieu. and residue of the VVardens and Assistants of the said Guild, Fraternity, or Brotherhood, or the greater part of them, by themselves or their said Deputies (whereof the Master or Masters Deputy for the time being to be always one) together with the residue of the said Elder Brothers, and by the more or greater Voice of [Page 31] them all, within convenient time after the death, displacing, or removing of any of the said VVardens, to assemble themselves together, at or in such convenient place as aforesaid, New Election o Wardens. for the new Election or Choice either of him or them so displaced or removed, or of some other of the said Guild, Fraternity, or Brotherhood, being Elder Brothers, for new or other VVardens or VVarden as is aforesaid, and shall and may then and there, before their departure from the said place, nominate and elect him or them again so removed and put out, or some other of the said Guild, Fraternity, or Brotherhood (being Elder Brothers) to be VVardens or VVarden of the said Guild, Fraternity, or Brotherhood, in the places or steads, place or stead of him or them that so died or were, or was so dead, displaced, removed, or put out.
Which Person or Persons being so Elected and Nominated to the Office or Offices, New Wardens to act, how and how long. Place or Places of VVardens or [Page 32] VVarden of the said Guild, Fraternity, or Brotherhood as is aforesaid, shall and may have and exercise the said Office and Offices, Place and Places of VVardens or VVarden, for and during the residue of the said two years, and so forward, and also unto the time of a new Election and Choice of the like VVardens or VVarden as aforesaid, according to the purport and true meaning of these presents; After Oaths first taken. he or they taking first a like Corporal Oath upon the holy Evangelists, as is aforesaid, for such due Execution and Performance thereof, and of the Allegiance and Supremacy of Us, our Heirs, and Successors as aforesaid.
Wardens fine for refusing, or neglecting to act when chosen.And if any Person, appointed and elected for a VVarden of the said Guild Fraternity, or Brotherhood as aforesaid shall refuse the said Office or Place without just excuse or cause of let, or shall after he hath agreed thereto, neglect the same, he shall forfeit and lose for every such offence six Pounds thirteen Shillings [Page 33] and four pence of lawful money of England, in the name of a fine to be imposed upon him, so refusing or neglecting, to the use of the said Corporation; to be demanded and levied within such time, and in such manner as the fine so to be imposed upon the Master is hereby directed to be demanded and levied.
And also Our will and pleasure is, and by these presents for Us, our Heirs, and Successors, We do further give and grant unto the said Master, VVardens, and Assistants, and their Successors, that when, and as often as it shall fortune, all or any of the VVardens Deputies Wardens Deputies. of the said Guild, Fraternity, or Brotherhood, for the time being to die, or to have served forth his or their time, or to be displaced or removed from his or their Office or Place of Wardens Deputies or Deputy (which Wardens Deputies or Deputy not demeaning him or themselves well in the said Office or Place, We will to be removeable removeable. at the will and pleasure of [Page 34] the Master, Wardens, and Assistants, of the said Guild, Fraternity, or Brotherhood, for the time being, or the greater part of them by themselves, or their Deputies, together with the Major part of the residue of the said Elder Brethren, whereof the Master or Masters Deputy for the time being to be always one) that then and so often it shall and may be lawful to and for the said Master, And others to be chosen. Wardens, and Assistants, or the greater part of them, by themselves or their Deputies, and the major part of the residue of the said Elder Brethren as aforesaid (whereof the said Master or Masters Deputy for the time being to be always one) within convenient time after the death, or removing of any such Wardens Deputies, or Deputy, to assemble themselves together at or in such convenient place as is aforesaid, for the new Election of some one or more of the said Guild, Fraternity, or Brotherhood, (being an Elder Brother or Brethren) for Wardens Deputies or Deputy, and shall and may then and there before their departure [Page 35] from the said place, nominate and elect either him or them again so displaced or removed, or some other of the said Guild, Fraternity, or Brotherhood, (being an Elder Brother or Brethren) to be Wardens Deputies or Deputy of the same Guild, Fraternity, or Brotherhood, in the place and stead, or places and steads of him or them that so died, or was so displaced, or removed: With power to act, how, and how long. Which Person or Persons being so nominated and elected unto the Office or Place of Wardens Deputy of the said Guild, Fraternity, or Brotherhood, shall and may have, and exercise the same Office or Place, in absence of the VVardens or VVarden there, into whose place or stead he or they shall be so Chosen, to serve for and during the residue of the said two years, or one year, and so forward, unto the time of a new Election or Choice of other VVardens or VVarden, or other Deputies, according to the purport and true meaning of these presents; After Oaths taken. he or they taking first such Corporal Oath as is aforesaid, [Page 36] for the due Execution and Performance thereof, and of the Allegiance and Supremacy of Us, our Heirs, and Successors, as aforesaid.
Deputy Wardens fine for neglect.And if any Person or Persons, so to be appointed or elected to be a VVardens Deputy, or Deputies of the said Guild, Fraternity, or Brotherhood as aforesaid, shall refuse the said Office or Place without just Cause or Let so to do, or shall after he or they hath or have agreed to it neglect the same, he and they shall forfeit and lose severally for every such Default three Pounds, six Shillings, and Eight Pence, of lawful Money of England, in the name of a fine to be imposed upon him or them severally, so refusing or neglecting, to the use of the said Corporation, to be demanded and levied within such time, and in such manner, as the said fine to be imposed upon the Master is hereby directed to be demanded and levied; and so from time to time so often as the Case shall require.
And further, New choice of Assistants upon deaths or displacings. We will and grant by these presents, for Us, our Heirs, and Successors, unto the said Master, Wardens, and Assistants, and to their Successors, that the said Master, Wardens, and residue of the Assistants for the time being, and their Successors, or the greater part of them, by themselves, or their Deputies, together with the major part of the residue of the Elder Brethren as aforesaid (whereof the Master for the time being, or his said Deputy to be always one) shall and may from time to time, and at all times hereafter, upon the death, deposing, displacing, expulsion, or remove of them, or any of them, that are or shall be Assistant or Assistants there for the time being, at the like days, times, and places, when, and as often as it shall seem good to them so to do, have like authority and power, yearly and every year to assemble and meet together, and that they being so assembled and met, it shall and may be lawful to and for them, or the greater part of them, by themselves [Page 38] or their Deputies as aforesaid (whereof the said Master or Masters Deputy for the time being to be always one) to nominate and elect so many of that number of eight of the said Guild, Fraternity, or Brotherhood, (being Elder Brothers) as shall be then wanting by death, deposing, displacing, expulsion, or remove as aforesaid, to the Office or Place of Assistants or Assistant of the said Guild, Fraternity, or Brotherhood; which person or persons so to be nominated and elected shall be Assistant or Assistants of the said Guild, Fraternity, or Brotherhood, for and during the term of their natural lives as aforesaid.
Assistants to be sworn.And yet nevertheless, the said persons being so to be nominated and elected to be Assistants of the said Guild, Fraternity, or Brotherhood, as aforesaid, when he or they shall be thereunto voted and elected, before he or they be admitted to the execution of his or their said Offices or Places, shall also make, take, and receive [Page 39] a like Corporal Oath upon the Evangelists before the Master, Wardens, and residue of the said Assistants, and Elder Brethren of the said Guild, Fraternity, or Brotherhood, or their Deputies for the time being, or the greater part of them as aforesaid, (whereof the Master or Masters Deputy for the time being to be always one) That he, they, and every of them, Assistants Oath. shall and will, well, and faithfully execute and perform their Offices and Places of Assistant or Assistants in all things concerning the same, and also touching the said Allegiance and Supremacy of Us, our Heirs, and Successors, as aforesaid.
And that immediately after the said Oaths so taken, he or they shall, Assistants Office for Life. and may execute, and use the said Office or Place of Assistant or Assistants of the said Guild, Fraternity, or Brotherhood, for term of his or their natural Lives, from thence next and immediately following, or unto the time of the next new Election or Choice of other Assistant or Assistants, [Page 40] according to the purport and true meaning of these presents, as is aforesaid.
Assistants Duty.And further We will by these presents that the said Assistants or Assistant, so as aforesaid, from time to time to be elected, voted, and sworn, during the time that he or they, or any of them shall continue in their said Offices and Places of Assistant ship, be from time to time, to the best of their endeavours, and abilities, and skills, aiding, assisting, and counselling unto the Master and Masters Deputy, and VVarden and VVardens Deputies of the said Guild, Fraternity, or Brotherhood, for the time being, in all cases, matters, and things touching and concerning the good and welfare of the said Guild, Fraternity, and Brotherhood.
Assistants removable.And also Our will and pleasure is, and by these presents, for Us, our Heirs, and Successors, We do give and grant unto the said Master, VVardens, and Assistants and to their Successors, that when, and [Page 41] as often as it shall happen, all or any of the Assistants of the said Guild, Fraternity, or Brotherhood, for the time being, at any time or times next after that they or any of them shall be Voted, Elected and Sworn to the Office or Place of Assistants of the said Guild, Fraternity, or Brotherhood, as is aforesaid, to die, or to be displaced, or removed from the said Office or Place (which Assistant or Assistants not demeaning him or themselves well in the said Offices or Places, We will to be removeable at the will and pleasure of the Master, VVardens, and residue of the Assistants and Elder Brethren of the said Guild, Fraternity, or Brotherhood, or the greater part of them by themselves or their Deputies as aforesaid, whereof the Master or Masters Deputy for the time being to be always one) that then and so often it shall and may be lawful to and for the said Master, VVardens, and residue of the Assistants and Elder Brethren of the said Guild, Fraternity, or Brotherhood for the time being, or [Page 42] the greater part of them, by themselves or their Deputies as aforesaid (whereof the Master or Masters Deputy for the time being to be always one) within convenient time after the death, displacing, or removing of any of the Assistants or Assistant, to assemble themselves together at, or in such convenient place as aforesaid, for the new Election or Choice of some other Person or Persons of the said Guild, And others to be chosen. Fraternity, or Brotherhood, (being Elder Brothers) for new or other Assistants, and shall or may then and there before their departure from the said place, elect and nominate him or them so removed, displaced, or put forth, or some other of the Guild, Fraternity, or Brotherhood, (being Elder Brothers) to be Assistant or Assistants of the said Guild, Fraternity, or Brotherhood, in places or steads, place or stead of him or them that so died, or were, or was so displaced or removed: which person and persons being so elected and nominated to the Office or Offices, or Place or Places of Assistants of the said [Page 43] Guild, Fraternity, or Brotherhood, shall and may have, With power to act for Life. and exercise the said Office and Offices, Place and Places, for and during his or their natural Lives, or unto the time of a new Election and Choice as aforesaid; he or they taking first alike Corporal Oath upon the holy Evangelists for such due execution and performance thereof, After Oaths first taken. and of the Allegiance and Supremacy of Us, our Heirs, and Successors, as is aforesaid.
And if any Person and Persons, The Assistants fine, for refusing or neglecting to act. nominated and elected to be an Assistant or Assistants of the said Guild, Fraternity, or Brotherhood as aforesaid, shall refuse the said Office or Place without just excuse or cause of Let, or shall after he or they hath or have agreed thereto, neglect the same, he and they shall forfeit and loose severally for every such default five pounds of lawful Money of England, in the name of a fine to be imposed upon him or them severally so refusing or neglecting, to the use of the said Corporation: to be [Page 44] demanded and levied within such time, and in such manner, as the said fine to be imposed upon the said Master is hereby directed to be demanded and levied.
Assistants Deputyes removable.And also Our will and pleasure is, and by these presents, for Us, our Heirs, and Successors, We do further give and grant unto the said Master, Wardens, and Assistants, and their Successors, That when, and as often as it shall fortune all or any of the Assistants Deputies of the Guild, Fraternity, or Brotherhood for the time being to die, or be displaced or removed from his or their Office or Place of Assistants Deputy or Deputies, (which Assistants Deputies or Deputy, not demeaning him or themselves well in his or their said Office or Place of Deputy Assistantship, We will to be removeable at the will and pleasure of the Master, Wardens, and Assistants of the said Guild, Fraternity, or Brotherhood for the time being, or the greater part of them, by themselves or their Deputies, together with the major [Page 45] part of the rest of the Elder Brethren, whereof the Master or Masters Deputy, for the being to be always one) that then and so often it shall and may be lawful to and for the said Master, Wardens, and Assistants, or the greater part of them, by themselves or their Deputies as aforesaid, (whereof the said Master or Masters Deputy for the time being to be always one) within convenient time after the death, displacing, or removing, of any such Assistants Deputy or Deputies, to assemble themselves together, at or in such convenient place as aforesaid, And others to be chosen. for the new Election of some one or more of the said Guild, Fraternity, or Brotherhood (being an Elder Brother or Brethren) for such Assistants Deputies or Deputy, and shall and may, then, and there, before their departure from the said place, nominate or elect either him or them again, so displaed, or removed, or some other of the said Guild, Fraternity, or Brotherhood, (being an Elder Brother or Elder Brothers) to be Assistants Deputies or Deputy of the [Page 46] said Guild, Fraternity, or Brotherhood, in the place and stead, or places and steads of him or them that so died, or was so displaced or removed; which person or Persons so nominated and elected unto the Office or Place of Assistants Deputy or Deputies of the said Guild, Fraternity, or Brotherhood, With power to act for Life. shall and may have and exercise the same Office or Place in absence of the Assistants or Assistant there, into whose place or stead he or they shall be so chosen to serve, for and during the the term of his or their Life or Lives, into whose place or stead he or they shall be Elected or Chosen, to supply his or their absence, or unto the time of a new Election or Choice of other Assistant or Assistants Deputies or Deputy according to the purport and true meaning of these presents; he or they first taking such Corporal Oath as is aforesaid, Ʋpon Oath first first taken. for the due execution and performance thereof, and of the Allegiance and Supremacy of Us, our Heirs, and Successors, as is aforesaid.
And if any Person or Persons so appointed and elected to be an Assistants Deputy or Deputies of the said Guild, Assistants Deputies, their fine for refusing or neglecting to act when chosen. Fraternity, or Brotherhood as aforesaid, shall refuse the said Office or Place, or shall after he or they hath or have agreed thereunto, Neglect the same, he or they shall forfeit and lose for every such default Fifty Shillings, of lawful Mony of England, in the Name of a Fine to be imposed severally upon him or them to the use of the said Corporation, to be Demanded and Levied within such time, and in such manner, as the Fine to be upon the Master, is hereby directed to be demanded and Levied.
And our Will and pleasure also is, and by these presents for us our Heirs, and Successors, We do give and grant unto the said Master, VVardens, and Assistants, and to their Successors, that when and as often as it shall happen, all or any of the Eighteen Elder Brethren Elder Brethren. of the said Guild, Fraternity, or Brotherhood, for [Page 48] the time being, at any time or times next after that they or any of them shall be nominated, Elected and Sworn to the Office or Place of Elder Brethren of the said Guild, Fraternity, or Brotherhood, as is aforesaid, to Die, or to be displaced, or removed from the said Office or Place (which Elder Brother or Elder Brethren not demeaning himself or themselves well in the said Office or Place, We will to be Removed at the Will and Pleasure of the Master, Removeable. Wardens, and Assistants, and residue of the Elder Brethren of the said Guild, Fraternity, or Brotherhood, or the greater part of them, by themselves or their Deputies as aforesaid, whereof the Master or Masters Deputy for the time being to be always one;) that then and so often it shall and may be lawful, And others to be chosen. to and for the said Master, Wardens, Assistants, and residue of the Elder Brethren of the said Guild, Fraternity, or Brotherhood, for the time being, or the greater part of themselves, or their Deputies as aforesaid (whereof the Master, or [Page 49] Masters Deputy for the time being to be always One) within convenient time after the Death, displacing, or removing of any of the Elder Brethren, to Assemble themselves together, at or in such Convenient place as aforesaid, for the new Election or Choice of some other person or persons of the said Guild, Fraternity, or Brotherhood, (being Younger Brothers) for New or other Elder Brother or Brothers; and shall and may then and there before their Departure from the said Place Elect and Nominate him or them so removed, displaced, or put forth, or some other of the said Guild, Fraternity, or Brotherhood, (being Younger Brother or Brothers) to be Elder Brother or Elder Brothers of the said Guild, Fraternity, or Brotherhood, in the places or steads, place or stead of him or them that so died, or were, or was so displaced or removed.
Which Person or Persons being so Elected and Nominated to the Office or Elder Brethren new elected to have power to act; how, and how long. [Page 50] Offices, or Place or Places, of Elder Brother or Brethren of the said Guild, Fraternity, or Brotherhood, shall and may have and Exercise the said Office and Offices, Place and Places, for and during his or their Natural Lives, unless removed as aforesaid; and first taking a Corporal Oath, upon the Holy Evangelists, After Oaths taken. for such due Execution and Performance thereof, and of the Allegiance and Supremacy of Us, our Heirs, and Successors; and this to be done likewise from time to time, when and so often as the Case shall require.
And our further Will and Pleasure is and we do hereby declare and grant, Power of appointing and displacing all inferiour Officers, &c. that it shall and may be Lawful to and for the said Master, Wardens, Assistants, and Elder Brethren, and their Successors or Deputies for the time being as aforesaid, or the greater part of them (whereof the Master or Masters Deputy, for the time being to be always one) from time to time, when and as often as occasion [Page 51] thereunto shall require, or unto them in that behalf it shall seem expedient, likewise to name, place, and appoint any other Inferiour Officers, Ministers, and Members, as shall be Convenient and Needful, in, to, for, and Concerning the said Guild Fraternity, or Brotherhood, for the good Government thereof; and the same and Every or any of them again at all times, and from time to time at their like Will, and Pleasure, to displace, remove, expel, or discharge, and him, and them, or others in his or their Place, Room, or stead so removed, expelled, displaced or discharged, to take in again, Place and Appoint anew, and in like manner to do and perform when they or any of them shall fortune to die or depart this Life before he or they be so removed, expelled, displaced or discharged.
And also we will, Power of Electing and removing Younger Brothers; who and how. and Grant by these Presents for Us, our Heirs, and Successors unto the said Master, Wardens and Assistants [Page 52] and to their Successors. That they the said Master, Wardens, and Assistants, and their Successors for the time being, by themselves or their Deputies, or the Greater part of them, together with the Major part of the Residue of the said Elder Brethren (whereof the said Master or Masters Deputy for the time being to be always one) shall and may from time to time, and at all times hereafter at their like will and pleasure, admit receive, and take in whatsoever Person, and Persons (our Natural Subjects) as well within this our Realm of England, and other our Realms and Dominions, and Places being under our Obeysance, and not Others, which would be and shall be desirous to be of the said Guild, Fraternity, or Brotherhood, as Brothers of the said Corporation, And all and every such Person so to be admitted, received, and taken in by the Master, Wardens, and Assistants, or the greater part of them, by themselves, or their Deputies, together with the Major Part of the Residue of the said [Page 53] Elder Brethren as aforesaid (whereof the Master or Masters Deputy, for the time being to be always One) shall from the time of such his or their Admission, receiving, and taking in, be called and accompted Younger Brothers in Deed and in Name, and them and Every, or any of them so admitted, received, and taken in, they may also again at their Wills and Pleasure, remove and displace, of and from the said Corporation, when and as often as to them, or the Greater Part of them in that behalf, shall seem Expedient.
And further we will and Grant by these Presents, for Us, Every Brother to have Power of taking Apprentices; who, and how. our Heirs and Successors, unto the said Master, Wardens, and Assistants of the said Guild, Fraternity, or Brotherhood, and to their Successors, that from henceforth it shall and may be lawful to and for the said Master, VVardens, and Assistants, and their Successors, and Every other Brother of the said Corporation for the time being, not only to have, [Page 54] take and keep one or more Apprentice or Apprentices to be brought up in the Trade of Mariners or Seafaring men, every of the said Apprentice or Apprentices to be to them bound for Seven years at the least, and every Apprentice so taken (being above Seven years of Age at the time of his Entry into his Apprenticeship) shall be by the same Covenant Bound to be ordered and used to all Intents according to the Custome of our City of London, so that the same Bond or Covenant of Apprenticeship be made by writing, Indented and Enrolled before themselves in the said Corporation, by some under Officer of theirs thereto to be appointed, and that there be not taken for every such Enrolment above Twelve pence; But also for the said Master, Wardens, and Assistants, and their Successors, or the Greater part of them, by themselves and their Deputies, and the Major Part of the rest of the said Elder Brethren as aforesaid (Whereof the Master or Masters Deputy for the time being to be always one) [Page 55] to make and set down Orders and pains for the Masters and Governors of such Apprentice and Apprentices, well Training and breeding them up in their Trade of Navigation and Sailing, and also for the said Apprentice or Apprentices due behaving of themselves, and their Obedience and diligence towards their said Master and Governor, The Statute for taking, having, and Enrolling of Apprentices, or any other Statute, Law, Custome, Usage or Priviledge to the Contrary in any wise notwithstanding.
And further we do hereby for Us, To examine and certifie the Proficiencies of the Mathematical Children of Christ's Hospital, and see them bound. our Heirs, and Successors strictly Charge and Command the Master, Wardens and Assistants of the Guild, Fraternity, or Brotherhood aforesaid, now and for the time being, to examine into and certifie the Abilities and fitness of such Children of the New Royal Foundation in Christs Hospital, who are or shall be admitted to and initiated in the practice of the Art of Navigation, and to be bound forth Apprentices, [Page 56] and to take care that the Indentures of Apprenticeship of such Children be executed by the respective Masters to whom they shall be bound, in the presence of the Master, Wardens, Assistants, and Elder Brethren of the said Guild or Fraternity, or the major part of them, at some publick meeting of the Corporation.
Power of Ministring Oaths in all Marine Causes, and other Occasions of the Corporation.And for that it oftentimes falleth out, that for the avoiding of long depending of Suits in Law, and great expences incident to the same, many Marine and Admiral Causes in controversie between party and party in the High Court of Admiralty, are referred by and forth of the said Court [...] or by and from the Judge thereof, or his lawful Surrogate or Deputy in that behalf for the time being, to the Master, Wardens, and Assistants, of the said Guild, Fraternity, or Brotherhood, or their said Deputies for the time being as aforesaid; to hear and determine the which the said said Master, Wardens, and Assistants, and [Page 57] their said Deputies are not able many times to accomplish, by reason that they have hitherto wanted a sufficient power and authority in themselves to minister an Oath unto the Witnesses to be produced on either side. For the Reformation whereof, We of Our further Grace, do by these presents will and grant for Us, Our Heirs, and Successors, unto the said Master, Wardens, and Assistants, and their Successors, that they by themselves or their Deputies aforesaid (whereof the Master or Masters Deputy for the time being to be always one) shall and may from time to time, and at all times hereafter, when and as often as occasion shall thereunto require, not only in the Case aforesaid, minister an Oath to every person that shall be produced or used as a Witness, for the testifying and declaring the truth in any such Case, but also at the Electing of every Master, Warden, Assistant, and their Deputies as aforesaid, minister to every Master, Warden and Assistant, and his or their Deputy and Deputies, and the said [Page 58] Elder Brethren, the said Oath of well ordering and governing of themselves in their said Offices and Places and to every Younger Brother and Officer of the said Society, and to all and every Apprentice and Apprentices to be bound as aforesaid, when he or they shall be made free, the Oaths of Allegiance and Supremacy, and the usual Oath to the Corporation.
Power of appointing all Pilots, and Loadsmen into and out of the River of Thames.And for that many times unskilful and indiscreet persons not having knowledg, or due understanding either of our Channel, or how to Guide and Govern Ships or other Vessels aright, have taken upon them to be Pilots, Loadsmen, and Guides for the safe bringing up of Strangers Ships, Hoyes, Flyboats, Barks, or other Vessels, into our River of Thames, and for want of such knowledg and understanding have cast away the said Ships and other Vessels, to the great annoyance and decay of our said Channels, and loss and hinderance both of our Merchants and others going ordinarily to Sea, and to the [Page 59] slander and evil report of the more skilful and better sort of our Seamen and Mariners amongst Forraign Nations using the Traffick hither. For Reformation whereof, Our will and pleasure is, and by these presents, for Us, our Heirs, and Successors, We do give and grant unto the said Master, Wardens and Assistants, and to their Successors, and do straitly charge and command that no manner of Person or Persons, Seamen, or Mariners, or other Person whatsoever, at any time hereafter, shall take upon him or them, or otherwise presume or suffer themselves to be Pilots, Loadsmen, or Guides, to or for the bringing in or carrying forth of the River of Thames, or any other Creek belonging or running into the same, of any Ship or other Vessel, by what name or names soever they shall be called, except such Person or Persons so taking upon him or them such Pilotship, Loadsmanage, or Guidance, shall be thereunto first appointed and authorized by the said Master, VVardens, and Assistants, [Page 60] or their Deputies for the time being, or the greater part of them, together with the major part of the rest of the said Elder Brethren (whereof the said Master or Masters Deputy, for the time being, to be always one) under the Common-Seal of their Corporation, and confirmed under the Hand and Seal of the Lord High Admiral of England for the time being, To be confirmed by the Lord High Admiral. without any Charge or Fee to the the Secretary of the Admiralty for the same.
To appoint Pilots to all Aliens Ships out of the River of Thames.And moreover, that no such Ship or other Vessel (whereof any Alien or Stranger, not being born within or under Our obeysance, shall be Owner or part Owner) shall go down, or out of the said River of Thames to Seawards, without a Pilot, Loadsman, or Guide to them, in that behalf assigned and appointed in Writing by the said Master, Wardens, and Assistants, or the greater part of them, by themselves or their Deputies, together with the major part of the rest of the [Page 61] Elder Brethren, whereof the Master or Masters Deputy, for the time being to be always one.
And for the better Execution thereof, on the said Master, Wardens, and Assistants, Power of rateing the Pilotage to all Aliens Ships. and their Deputies behalf as aforesaid, such Pilots, Loadsmen, and Guides, shall and may be appointed to every or any such Ship or other Vessel (whereof the said Alien or Stranger is, or shall be Owner or part Owner) by the said Master, Wardens, Assistants, and Elder Brethren, or the greater part of them, by themselves or their Deputies as aforesaid, for such competent Sum of Money, and reasonable rate to be paid, yielded, and given, by the said Alien, or Stranger, or his Deputy, unto the said Pilot, Loadsman, or Guide, so to be appointed, and conducting them, according to the greatness or charge of every such Ship or other Vessel as shall be reasonable, and so from time to time deemed by the said Master, Wardens, Assistants, and Elder Brethren, and their Successors, or the greater [Page 62] part of them, by themselves or their Deputies for the time being, whereof the said Master or Masters Deputy for the time being to be always one.
And also, that from henceforth no Seamen or Mariner, No Master or Pilot to take charge into or out of the Thames without being examined by this Corporation. shall presume to take upon him or them to be a Master, Pilot, Loadsman, or Guide, of or to any Ship or Vessel whatsoever, to Sail, go, or put forth of the said River of Thames, or any other Creeks thereof, into the Seas, or from the Seas homewards into the said River of Thames, or any Creek thereof, other then such as shall have been first examined by the Master, Wardens, Assistants, and Elder Brethren, or the major part of them, by themselves or their Deputies, whereof the said Master or Masters Deputy for the time being, to be always one, and from them shall have obtained a Certificate in Writing under the Seal of the said Corporation, And their particular knowledges on this or that Coast certified by them. shewing and testifying thereby the Countreys, Coasts, and Places, to and for which he, they, and every or any [Page 63] of them shall be sufficient, apt, and meet to take such charge upon them, and after that also an approbation or allowance thereof, Lord Admiral to approve of all Masters, Pilots, and Loadsmen. of and from the Lord High Admiral of England for the time being, as aforesaid; upon pain to forfeit, for every such time of his or their doing to the contrary therein, Twenty Pounds Fine upon all unlicensed Masters, Pilots, &c. the Sum of twenty Pounds of lawful Money of England, to be levied of his or their Goods or Chattels by way of Distress, to be taken by one of the said Wardens, or his Deputy for the time being. Which Distress shall be ordered and used in like manner, as of Amerciaments in Court Leets, or otherwise to be sued for, by, and in the name of the Master or Masters Deputy, and any two of the VVardens or Assistants of the said Guild, Fraternity, or Brotherhood, or his, or their Deputies for the time being, in any Court of Record, or Lords Court, by Action of Debt, Bill, Plaint, or Information, in which no Essoyn, Protection, or Wager of Law shall be allowed unto the Defendant.
And further we of our more abundant and especial Grace, certain Knowledge, and meer Motion, have given and granted, and by these Presents for Us, our Heirs, and Successors, do give and Grant unto the said Master, A Grant of all ancient Profits, Dues, &c. from Loadsmanage, Pilotage and Primage. VVardens, and Assistants of the said Guild, Fraternity, or Brotherhood, and to their Successors for ever, That they by their Officer or Officers thereto from time to time to be appointed, shall and may from time to time, and at all times hereafter, Levy, have, receive, and take within the said River of Thames, and Port of London, and in all or any the Creeks, Harbors, and Places within the Precincts, Limits, or Liberties thereof, all and singular such profits, dues, Duties, and Sum, and Sums of Mony whatsoever, which at any time or times heretofore, by themselves or their Predecessors, by any Name or Names of like Corporation, or by Virtue of and from any Charters and Letters Patents to them or any of them [Page 65] heretofore given or granted, or by any lawful usage, prescription, or custom, they have received, had, or taken in the said River, Port, Harbours, Creeks, and Places, or any of them, in or by way of Loadsmanage, or Pilotage, and Primage; that is to say, of and from every Master, Loadsman, or Pilot of every Ship or other Vessel coming into the said River of Thames, Port of London, or Creek, or Harbour of the same, and receiving Loadsmanage, or Pilotage, and Primage, or which may or ought to receive the same; that is to say, Loadsmanage and Pilotage, how much. by way of Loadsmanage, or Pilotage, of and for every twenty Shillings Loadsmanage, or Pilotage two Shillings, and of every Ten Shillings one Shilling, and of every six Shillings eight Pence, eight Pence, and so after that rate and proportion for greater or lesser Sums, in such sort as they have used and accustomed time out of mind of man to receive the same.
And likewise of and from the said [Page 66] Master, Loadsman, or Pylot, by way of Primage, Primage, how much. two pence, as out of every Mariner his Primage; That is to say, two Pence for every man which at any time hereafter shall serve as a Mariner in any such Voyage, and shall return into the said River of Thames, or Port of London, or Creek, or Harbour of the same, in such manner and form as heretofore, by the like time out of mind of man hath been accustomed.
The Precedeing Duties, how to be recovered.And if any Person or Persons chargeable with payment of the said Loadsmanage, or Pilotage, and Primage, or either, or any of them, shall deny, withhold, or keep back the same, contrary to the meaning of these our Letters Patents in that behalf; that then and so often it shall and may be lawful, and by these Presents, We for Us, Our Heirs, and Successors, do give full Power and Authority unto the said Master, VVardens, and Assistants, and their Deputies and Successors for ever, that they or any of them by their Officer [Page 67] or Officers thereunto to be appointed as aforesaid, shall and may Arrest and Attach, or cause the said Party or Parties so offending, withholding, or denying, for his or their contempt in that behalf to be arrested or attached, and commit him or them to Ward in the Prison of our Marshalsea, or in the safe Custody and Charge of the Marshal of the Admiralty for the time being; there to remain in restraint and safe keeping, until such time as the said Offender or Offenders have paid and satisfied, or else taken order by good and sufficient Surety, for satisfaction of the Duty, which shall be so due or payable, by reason of this our present Grant. And if the Party or Parties which should pay or answer any such Loadsmanage, or Pilotage, and Primage, or either of them, do so absent him or themselves, or cannot be found, whereby he or they may be Arrested or Attached as aforesaid, that then and so often it shall and may be lawful to and for one or more of the said Wardens, or his or their Deputies for the time [Page 68] being to arrest, or stay, or cause to be put under arrest and stay, the Ship or other Vessel, wherein the said Master, Loadsman, or Pilot went, or was imployed, until such time as the said Duties, and every of them shall be fully paid and satisfied, according to the purport and true meaning thereof. Or otherwise it shall and may be lawful to and for the said Master, Wardens, and Assistants, by one or more of the said VVardens, or his, or their Deputys for the time being, to distrain the Goods, and Chattels of the Party or Parties so offending, denying, or keeping back the aforesaid Duties, wheresoever the said Goods and Chattels, or any of them shall and may be found; and the same Distress or Distresses, so had, or taken, to their use to detain and keep, until they be fully satisfied of their Right and Duty, with the Charges of taking the same Distress, and keeping thereof, according to the purport and true meaning of these presents.
And further our will and pleasure is, Power of holding Courts, how, where, and for what. and by these presents of our especial Grace, certain Knowledge, and meer Motion for Us, our Heirs, and Successors, We do give and grant unto the said Master, Wardens, and Assistants, and to their Successors, that it shall and may be lawful to and for the said Master, Wardens, Assistants, and Elder Brethren, and their Successors (provided that the majority at least of the Master, Wardens, and Assistants, or their Deputies for the time being, be always some) from time to time, and at all times hereafter, upon reasonable warning thereof to be given, to Assemble themselves for and about any the Matters, Causes, Affairs, or Business of the said Guild, Fraternity, or Brotherhood, in any place within the City of London or County of Middlesex, or in any other place or places for the same convenient; and then and there to hold and keep Court for the said Guild, Fraternity, or Brotherhood, and the affairs thereof, and the Perquisites Issues and Profits of the said [Page 70] Court so to be holden and kept, to levy, take, Their Profits how to be employ'd. and perceive, to and for the use of the said Corporation, for the better maintainance and preservation thereof, without any accompt to be made or rendred to Us, our Heirs, Without Accompt. and Successors, in that behalf.
And also that it shall and may be lawful to and for the said Master, VVardens, Assistants, and Elder Brethren, or the more part of them, being so assembled, by themselves or their Deputies (provided that the majority at least of the Master, VVardens, and Assistants, or their Deputies for the time being, be always some) to treat, General subject of their debates, and Trust. commune, and agree amongst themselves, or with any other Person or Persons whatsoever, of and upon the Conservation, good Estate, and wholsome Government, as well of the said Guild, Fraternity, or Brotherhood, as upon the like Conservation, good Estate, wholesome Government, Maintainance, and Encrease of the Navigation of this Our Realm, and of all Mariners, and [Page 71] Sea faring men within the same, and of all and every the Apprentices, Servants, and their Masters, and Governours, and other persons, to the said Guild, Fraternity, or Brotherhood belonging, or coming, or being within our River of Thames, or any the Creeks, or Harbors of the same; and for the good Orders to be made amongst them, or any of them, of and upon all and singular Articles, any manner of way touching or concerning the premisses or any part thereof; or the cunning, Knowledge, or Science of Seamen, and Pylots, for the better and more safe Guiding and Conducting of all manner of Ships and other Vessels.
And at and upon the same their Assemblies, Meetings, or Conference, Power to make and alter Laws. or any of them, to make, ordain, and constitute besides, such and so many reasonable Laws, Constitutions, Orders, and Ordinances, as to them or the greater part of them, being then and there present (whereof the Mater, or Masters Deputy for the time being, [Page 72] to be always one) shall seem necessary and convenient touching the premisses, and for the better advancement and continuance of the same; and the same Laws, Constitutions, Orders, and Ordinances so made, or any of them, to put in Ʋre and Execution accordingly, and at their pleasures again to revoke, alter, or change, when, and as often as occasion thereto shall require.
Their Laws binding to all within the River of Thames.And further, that whatsoever is, or shall be concluded and agreed upon, at any such Assembly or Meeting, the same shall be holden as Laws, Ordinances, and Statutes, amongst them to be put in Ure and Execution, and shall bind all the said Guild, Fraternity, or Brotherhood, and all other Seamen and Mariners of the said River of Thames, or of any other Place, Port, Haven, or Town, (as well the Subjects of this Realm, as Strangers) for the time of their being at or in the said River of Thames, or Creeks, or Harbours, of the same, to obey and observe the same.
So always, that the said Laws, Proviso about their said Laws. Ordinances, Statutes, or any of them be not contrary or repugnant to the Laws, Statutes, Rights, or Customes, of this Our Realm of England, or Derogatory to the Jurisdiction and Preheminence of the Lord High Admiral of England for the time being, or to the Court of Admiralty of England, or to the Judge, Register, or Marshal of that Court for the time being, or any of them.
And whosoever against the said Laws, Infringers of their Laws to be punished, and how. Ordinances, and Statutes, shall in any part offend, or shall violate or break any of them, it shall and may be lawful to and for the said Master, VVardens, Assistants, and Elder Brethren, or the greater part of them, their Successors, and Deputies aforesaid (whereof the said Master or Masters Deputy to be always one) in their discretions, according to the greatness and quality of the fault, to punish and correct; and the pains, penalties, amerciaments, and forfeitures, or any of them in the [Page 74] said Laws, Ordinances, and Statutes, or any of them to be appointed and specified, of the Offenders, and every of them to ask, levy, gather, and receive; and for the same, if need so be, the said Offender and Offenders, as well by his and their Goods and Ships or either of them, as by his or their Bodies (as the Case shall require) according to the Laws and Customs of this our Realm of England, or our Court of Admiralty, to Distrein and Arrest, and by their own Officer for that purpose to be appointed (if they shall so think it meet) to Commit to Ward, there to remain, until the same pains, amerciaments, and forfeitures, with the Charges of the Imprisonment be fully answered, satisfied, and paid, to the use and benefit of the said Corporation; and also the same Parties, Offenders, and every of them to Release and set Free again, as to the said Master, VVardens, Assistants, and Elder Brethren, and Deputies aforesaid, or the greater part of them for the time being, in that behalf shall seem expedient.
And that all and singular sum and sums of Mony whatsoever, Ʋses of their Monies arising from Fines, Forfeitures, &c. due or hereafter to be due, and received by the said Decrees, Orders, Agreements, Fines, Forfeitures, or otherwise, shall be to the use, Commodity, and profit of the said Guild, Fraternity, or Brotherhood; unto and for the repairing of a Certain House, Repair of their Houses, and Alms-houses. or Tenement commonly called or known by the Name of Trinity House; and of other Tenements and Alms-houses scituate and being in Deptford Strond aforesaid, and Ʋpper Deptford, in the said County of Kent, belonging to the said Guild, Fraternity, or Brotherhood; and for the finding of certain poor Persons, Relief of poor Brothers, and their Widdows. Brethren, and the Wives of Brethren, of the said Guild, Fraternity, or Brotherhood, which are fallen into Decay, Misery, Poverty and Need, or hereafter shall fortune to fall into Decay, Misery, Poverty and Need; and also for relief of other Poor Mariners and Sea-faring men, such as by them, General Charities. and their Successors shall be thought meet and [Page 76] necessary therewith to be relieved; and for other Publick uses of the said Society.
To hold and dispose of their Revenue without Account.Which sum and sums of Mony so received, and to be received to the use of the said Guild, Fraternity, or Brotherhood, it shall and may be lawful to, and for the said Master, Wardens, and Assistants, their Successors and Deputies, to hold, possess, and enjoy, for ever, to the Use aforesaid, without any Accompt, or other thing, therefore to Us, Our Heirs and Successors, to be yielded, paid, rendred, made, or done, in that behalf; and without any Molestation or trouble, through any invented Colour or Device by any Person or Persons, either of the said Trinity House of Deptford Strond, or of any other Place or Places, to be practised, attempted, or put in Ure against the said Master, Wardens, and Assistants, Successors and Deputies, or any of them, by any means whatsoever for and Concerning the same.
All and singular which Laws, Constitutions, Orders, and Ordinances, as aforesaid to be made, We will to be duely observed and kept, under the pains and penalties therein to be contained; so always, as the said Laws, Constitutions, Their Laws, Fines, &c. To be binding, upon a Condition. Orders, and Ordinances, Imprisonments, Fines and Amerciaments be reasonable, and not contrary or repugnant to the Laws, Statutes, or Customes of this our Realm; nor Derogatory to the Jurisdiction or preheminence of the Lord High Admiral of England for the time being, or to the high Court of Admiralty of England for the time being, or to the Judge, Register, or Marshal of that Court for the time being, or any of them.
Provided always, that if any Master, Six Months absence (saving for sickness) to be punished by Dismission. Warden, Assistant, or Elder Brother shall upon any pretence whatsoever, except sickness (whereof good proof by Oath is to be made) fail to give his Attendance at any of the Courts summoned, or other usual meetings of the Corporation [Page 78] for the space of Six Months together, he shall be displaced and dismissed by the Corporation or Major part of them from being an Elder Brother; and the Master, Wardens, Assistants, and Elder Brethren of the Guild, Fraternity, or Brotherhood aforesaid, or the Major part of them as aforesaid, shall proceed to the Election of some other fit Person or Persons in the Room of him or them so removed.
The Oaths and subscription enjoyn'd the Master.And further we will and by these presents do hereby charge and Command, that the Master by these presents herein before named and constituted, before he be admitted unto his said Office, shall take the Oaths of Allegiance and Supremacy; and the Oath prescribed and mentioned in the Act for the well Governing and regulating of Corporations, made in the Thirteenth year of the Reign of his Late Majesty King Charles the Second; and also shall Subscribe the Declaration prescribed and mentioned in [Page 79] the said Act, and also the Oath for the due Execution of the said Office of Master before the said Wardens, in these presents before named and constituted, or any two of them, whom we do hereby authorize to give and require the same accordingly.
And further, We do hereby Charge and Command the VVardens, Assistants, Oaths generally enjoyned upon the Wardens, Assistants, Elder Brethren, and Clerk. Elder Brethren, and Clerk herein before named and constituted, that before they or any of them be admitted unto their said respective Offices, they and every of them respectively shall take the said Oaths of Allegiance and Supremacy, and make the Declaration and Subscription aforesaid, and also take the Oaths for the due Execution of their said Offices respectively, before the said Samuel Pepys herein before mentioned, Master of the said Fraternity, or Brotherhood, whom we do hereby give full Power and Authority to require and administer the same accordingly, Power to the Master of adminstring them. without any further Warrant or Authority from Us, to be had or obtained in that behalf.
Power reserved to the King of displacing any Master, Warden, Elder Brother, or Clerk, and how.Provided always, and We by these Presents reserve full Power and Authority to and for Ʋs, Our Heirs, and Successors, from time to time, and at all times hereafter, to remove and displace by order of our or their Privy Council, any Master, Warden, Assistant, Elder Brother, or Clerk of the said Guild, Fraternity, or Brotherhood, and thereupon the Office or Place, Offices or Places, of such Person and Persons so removed, or declared to be removed, shall be (ipso facto) void, to all intents and purposes, and other fit Person or Persons shall be Elected, Chosen, and Sworn into the Place or Places of him or them so removed, according to the Provisions in that behalf herein before expressed; and this as often as the Case shall so happen, any thing to the contrary thereof in any wise notwithstanding.
The Master, Wardens, and Assistants, &c. to be always at the Kings call.And for as much as the said Master, Wardens, and Assistants, and their Deputies, being often times in themselves, their Servants, Apprentices, and Ships, to be [Page 81] charged and imployed at one hours warning in Our Service at the Sea, in and for the good and necessary defence of Our Realms and Kingdoms, cannot give their due attendance therein, with such diligence as their Duty was and is to do, by reason that they be many times compelled to bear Armour, or to contribute to the charge thereof for Land Service, as also to serve upon Inquests, and Juries, at Assizes, Sessions, Courts Leet, Courts Baron, before the Coroner, and in all other Courts, Commissions, and places of Jurisdictions, to the great vexation and burthen of the said Corporation, and to the Peril of the said Service at the Sea, by reason that they cannot conveniently attend both the one and the other. And therefore to be exempted from all Land Service and contributions thereto. Therefore We of our more abundant Grace, certain Knowledg, and meer Motion, do Will and Grant by these presents, for Us, our Heirs and Successors, that they and every of them, and all and every other Brother, and Ministers of the same, being Mariners and Sea faring men, and their and [Page 82] every of their Servants and Apprentices that now be, or at any time or times hereafter shall be, their Successors, and the Successors of every of them, from time to time, and at all times from henceforth, shall be discharged and exempted of and from the bearing or finding of any Armour, to or for any Land Service, at or upon any General Muster or other veiw to be taken of Armour, in any of the Counties or Places, where they or any of them shall make their aboad or dwelling, at the time of the said Musters or View taken, and from being and contributing to the setting forth of any Souldiers to be employed or set forth to or for Land Service, other then as Mariners, and Seamen, in Sea Services; as also that they and every of them shall be in like manner discharged and exempted from being summoned and put in Assizes, And from all Assizes, Juries, &c. Juries, Inquests, Inquisitions, Attaints, and other Recognizances taken, or summoned within the said Counties or Places, or any of them; unless that they the said Master, [Page 83] VVardens, and Assistants, and other Seamen, and Mariners aforesaid, Saving in case of Tenures or Admiralty Sessions. be thereunto compelled or compellable by reason of their Tenures, or unless it be for our Service at every Admiral Sessions, which they and every of them shall be always tied and bound to attend upon their Perils, being thereunto lawfully Summoned as heretofore; and moreover, that they, and every of them, shall be likewise exempted and discharged from being otherwise taxed, to, for, or with any manner of Land Service whatsoever, other then is aforesaid, or to be contributary to the same: And that if at any time or times hereafter, the said Master, VVardens, and Assistants, or any of them, or any other Brother, Officer, Minister, or Member of the said Corporation for the time being, by any ways or means be appointed for bearing or finding of Armour, or Taxed to or with any manner of Land Service, (other then as is aforesaid) or to be Contributary to the same, or Summoned or put in Assizes, Juries, Inquests, Inquisitions, or other [Page 84] Recognizances (other then as aforesaid) taken or summoned within the said Counties, Jurisdictions, or Places, where they or any of them shall remain or abide, other then as in regard of their said Tenures, or for our Services at or in the Admiral Assizes or Sessions as aforesaid; that then the said Appointment or Summons, and also the said Taxation to be utterly void and of none effect, any Order, Custome, Law, or Usage, to the contrary before this time had or used in any of the said Counties, Jurisdictions, or Places notwithstanding.
This exemption nevertheless revocable by an order of Council.Provided alwayes, that if the Lords and others of the Privy Council, of Us, Our Heirs, and Successors, or any six or more of them (whereof the Lord High Admiral of England, for the time being to be always one) by any VVarrant or Warrants signed with the hands of them, or any six or more of them, (whereof the Lord High Admiral of England for the time being to be one) shall at any time [Page 85] or times, Will and Command the said Master, Wardens, and Assistants, to perform, execute, or do any Land Service, or to be Contributary to the Charge of any Armour, Munition, or any other thing appertaining to such Land Service; that then and so often the said Master, Wardens, and Assistants, and their Successors, shall upon and after the receipt of any such Warrant, perform and execute all and every such thing as shall be commanded and enjoyned unto them or any of them, in and by the same, anything before in these presents to the contrary thereof notwithstanding.
And further by these presents, We do for Us, our Heirs, and Successors, Power to stop all unlicensed Masters and Pilots, and to licence thereto such as are sufficient; admitting them into the Brotherhood, and certifying their particular abilities. give and grant unto the said Master, Wardens, and Assistants, and to their Successors for ever, that from henceforth for ever hereafter, it shall and may be lawful to and for them, and the rest of the Elder Brethren of the said Society, or the greater part of them, by themselves or their Deputies as aforesaid (whereof the Master, or Masters [Page 86] Deputy for the time being, to be always one) to forbid, stay, and keep back, all and every Seaman and Mariner coming into, or going forth of the River of Thames, or any the Greeks, or Harbours of the same, to begin to take charge upon him, or them, as Master, Pilot, Loadsman, or Guide of any Ship or other Vessel, to go forth of the said River of Thames or Creeks or Harbors of the same outwards into the Sea, or from the Sea Homewards into the said River, or Creeks, or Harbours of the same, other then such as shall be first allowed of by them, or the more part of them as aforesaid; and if upon Examination and Trial had of any, they shall find the same sufficient (being naturally born our Subjects within our obeysance) the same and every such they shall receive into the said Guild, Fraternity, or Brotherhood, and give him, them, and every of them a Writing under the Seal of their Corporation, signifying thereby the Countries, Coasts, and Places, for which he and every of them is and shall be sufficient to take Charge, [Page 87] whereby men to whom he or they shall be unknown, when they shall have occasion to hire him, them, or any of them, may be truely certified and satisfied for what places he or they is or are sit and sufficient; and this Order We do expressly Command to be observed, to the intent thereby to avoid both ignorant Pylots, and the placing and preferring of unskilful men to take Charge hereafter, which some men heretofore have done and procured for affection to the person only, without regard had to his, or their sufficiency in Knowledg and Aptness thereunto.
And whosoever doth or shall at any time or times hereafter, Power to imprison or fine unlicensed Masters or Pilots at discretion. presume to take upon him Charge as Master or Pilot forth of the said River of Thames, or Creeks, or Harbors of the same, Outwards into the Seas, or from the Seas Homewards into the said River, or Creeks, or Harbours of the same, before he or they be examined and allowed as aforesaid, it shall & may be lawful to and for the said Master, Wardens, Assistants, [Page 88] and the rest of the Elder Brethren, and their Successors, or the greater part of them, by themselves or their Deputies (whereof the Master or Masters Deputy for the time being to be always one) to punish such Offender or Offenders, by Imprisonment or Fine, or by both, according to their discretions.
Our Channels, Sands, &c. to be kept secret.And to the end the Channels, Sands, Flats, and Rocks, arising, growing, or lying in or near any the Seas or Sea Coasts within any our Dominions, should for the more strength and safety of our Realms and Kingdoms, be kept secret within our Selves, and altogether unknown to Aliens and Strangers of other Nations, We do furthermore by these presents, give, and grant for Us, our Heirs, and Successors, unto the said Master, Wardens, and Assistants, and their Successors, full Power and Authority of and by themselves, or their Deputies as aforesaid, or the greater part of them (whereof the Master or Masters Deputy for the time being to be always [Page 89] one) to forbid or restrain, And therefore no Alien to be suffered to sail in any English Ships, unless allowed by this Corporation. that none do take any Alien or Stranger Born, to Sail or Serve in any Ship or other Vessel belonging unto any of our Subjects, coming into or going forth of the said River of Thames, except such Person or Persons, for urgent Causes or other good Considerations, shall be thought meet to be allowed, and so certified by the said Master, Wardens, Assistants, and the rest of the Elder Brethren or their Successors, and Deputies as aforesaid, under the Seal of the said Corporation, Ʋnder the forfeiture of five pounds. upon pain of five Pounds of lawful Money of England, to be forfeited and paid by the Person or Persons so offending, to the use and behoof of the said Guild, Fraternity, or Brotherhood, for every such offence; and the same pain and forfeiture to be had, levied, received, and taken to the use of the said Corporation from time to time, and at all times hereafter, in such manner and form, as other pains, duties, and forfeitures, or any of them, in and by these presents are limited and appointed to be levied and received.
And likewise we do grant by these presents, A forfeiture upon every English Ship carrying an Alien as a Mariner. that it shall and may be lawful to and for the said Master, Wardens, Assistants, and their Successors, or the greater part of them, by themselves or their Deputies as aforesaid (whereof the Master or Masters Deputy for the time being to be always one) or any other their Officer or Officers thereto to be appointed, to levy, have, receive, and take out of every English Ship or other Vessel that shall come into or go forth of the said River of Thames, or any the Creeks, or Harbours of the same as aforesaid, for any Voyage, and have in her serving for Mariner, or Seaman, by what name or addition soever, any Alien or Stranger, or Aliens or Strangers, not being born within our Dominions or Obeysance, or not having a Patent of Denization, or other sufficient or lawful Warrant in Writing to shew for the same, for every first offence for every one offending Forty shillings of like lawful Money of England, and for the second time, and so from [Page 91] time to time afterwards, when, and as often, and for every one that shall so offend, to levy, take, and receive the Sum of Five Pounds of lawful English Money; and for the same (if Cause shall so require) by one or more of the said Wardens, or by his or their Deputy or Deputies for the time being, to Distrain the Goods or Chattels of the Party or Parties so offending, and the same Distress or Distresses so taken, to carry away, keep, and detain with him or them, until they be fully paid and satisfied, of and for the Sum and Sums of Money, which shall be so forfeited and due unto them from the Offenders as aforesaid, together with their reasonable Costs and Charges expended and to be expended, for taking, and carrying away of the same Distresses, and keeping thereof, if any such be.
And that it shall and may be lawful to and for the said Master, Wardens, Power to punish all Seamen deserting their Ships, or mutinous. Assistants, and the rest of the Elder Brethren, and their Successors, or the greater [Page 92] part of them, by themselves, or their said Deputies, as aforesaid, (whereof the Master or Masters Deputy for the time being, to be always one) to examine and punish by Fine, Imprisonment, or such reasonable Correction, as the quality of the offence shall require, all and every such Person and Persons, as in any Merchant or Merchants, or other Owner or Owners Ship, or other Vessel within the said River of Thames, that shall depart or go away from any Ship, or any other Vessel by what name soever, after that he or they be hired and agreed withal for Wages, or shall grow, or be found mutinous, disobedient, or any ways a provoker, seducer, or inticer of any other to any mutiny or disobedience, to the hurt, or injury, or likelihood of hurt or injury of any Service or Journey intended, either outwards or homewards, into or from the said River of Thames, or any the Creeks, or Harbours of the same.
And also to hear and determine all and [Page 93] every the Complaints of any Mariner, Power to hear and determine all complaints of Sea-men, Officers, &c. Seaman, Purser of a Ship, or other Officer, Minister, or Member, belonging of or to any Merchant, or Owners Ship, in any Voyage to be made outwards or homewards, to or from the said place and places, or any of them, according to the quality of the same Complaints.
Alwayes provided, With the reserve of an Appeal to the Lord Admiral, or Judg of the Admiralty. that the Person or Persons so offending may yet nevertheless afterwards (if he or they find them selves grieved therewith) Appeal unto the the Lord High Admiral of England, or to the Judge of the High Court of Our Admiralty for the time being, for redress therein.
And for that it hath been found by experience that divers Strangers Ships and Vessels, What shall be reputed an English Ship. under the colour of having English Masters, have passed for, and been reputed English Ships and Vessels, and so have avoided the payment of their Duties and Impositions, in that proportion, [Page 94] which by the Laws and Constitutions of the said Corporation, they ought to have paid, to the great abuse of the said Corporation; for the preventing of the like abuses in time to Come, and that there may be no mistake for the future, either in Imposition of Duties, or of Fines, or Penalties, It is hereby declared, that only such Ship or Vessel shall be reputed and taken to be an English Ship, or Vessel, which hath an English Master, and three parts of Four of the whole number of Officers and Mariners English, And what a Stranger. and every other Ship or Vessel shall be reputed and taken for a Foreign or Stranger ship or Vessel, and according to that Order and Estimation all and every Ship and Vessel shall by the said Corporation, from henceforth be Rated, Fined, and Assessed.
And to the intent that the said Corporation may be the better enabled to regulate and govern themselves, and to prevent disorders, and redress inconveniencies [Page 95] which otherways may arise within the said Corporation: The Master to be always in the Commission of the Peace for London, Kent, Middlesex, and Surrey. We do hereby farther give and grant, for Us, our Heirs, and Successors, unto the said Master, Wardens, and Assistants, and their Successors for ever, that the Master of the said Corporation for the time being, and his Deputy, shall be Commissioners of Us, our Heirs, and Successors, for the keeping peace, for and within the City of London, and the Liberties thereof, as well as for and within the Counties of Kent, Middlesex, and Surrey at all times hereafter.
And We do hereby further Grant, for Us, our Heirs, and Successors, Power (by themselves or their Order) of levying all Fines, &c. granted by this Patent. to the said Master, Wardens, and Assistants, and their Successors for ever, that any Officer or Servant of the said Corporation, or any other person whatsoever, to whom the said Master, Wardens, and Assistants, and their Successors, shall give Warrant and Authority under their Common Seal for that purpose, shall and may demand, levy, and receive, all Impositions, Fines, [Page 96] Forfeitures, and Payments, imposed or to be imposed by the said Master, Wardens, and Assistants, and their Successors, or payable or demandable by and from any Person or Persons, by Vertue of these Presents, at all times hereafter for ever.
In consideration of the growing Poverty of Seamen, they have power of purchaseing in Mortmain to 500 l. per Annum.And for as much as the Poverty of Mariners and Seamen, belonging to the said Corporation, is now much more encreased then hath been in former time, and not able to be relieved from the Revenues of the Lands and Possessions of the said Corporation, which now they have, or were enabled to have purchased, being so small in yearly value: Therefore to the end that the said Master, Wardens, and Assistants, and their Successors, may be from henceforth the better enabled from time to time to bear and sustain their Charges and Expences, drawn and occasioned by reason of their Corporation, We of our Especial Grace, certain Knowledge, and meer Motion, have [Page 97] 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 the Guild, Fraternity, or Brotherhood, of the most glorious and undivided Trinity, and of St. Clement in the Parish of Deptford Strond in the County of Kent, and their Successors full, free, especial, and lawful License, Power, and Authority, not only to retain, possess, and enjoy, to their own proper use and behoof (without any Accompt to be rendred, made, or given to Us, Without account: our Heirs, or Successors, in that behalf) all and singular such Lands, Tenements, and Hereditaments, Goods, and Chattels, as they have heretofore, obtained, purchas'd, or had, and do at present possess and enjoy, by force and vertue of any other Letters Patents, or Grant had and made to them, by the name of any former Corporation, by or from the said late Kings and Queens, and according to the purport and true meaning thereof, or otherwise howsoever; But also to have, receive, [Page 98] and Purchase, further to them and their Successors for ever, of Us, our Heirs, and Successors, or of any other Person or Persons, whatsoever Manors, Messuages, Lands, Tenements, Rectories, Tithes, Rents, Reversions, and Services, or any of them, or any part or parcel of them, or any of them, and any other Possessions, and Hereditaments whatsoever, without License or Writ of ad quod dampnum; so always as the said Manors, Messuages, Lands, Tenements, Tithes, Rectories, Rents, Reversions, Services, Possessions, and Hereditaments, or such parts or parcels of them, or any of them, by the said Master, Wardens, and Assistants, and their Successors so to be purchased, obtained, or had, so as aforesaid, do not exceed the clear yearly value of five hundred pounds by the year, above all Charges, Deductions, and Reprises; the Statute of not puting Lands and Tenements into Mortmaine, or any other Statute, Act, Ordinance Provision, or Restraint thereof heretofore, had, made, ordained, and provided, or [Page 99] any other Cause, thing, or matter, whatsoever to the contrary in any wise notwithstanding.
And we do further by these presents, for Us, our Heirs, and Successors, With Power to others to be benefactors to them in Mortmain to that Value. give and Grant to all and every our Subject and Subjects whatsoever, full Power, License, and Authority, that they, and every of them, may at their Wills, and and Pleasures, give, grant, bargain, set alien, convey, and assure unto the said Master, Wardens and Assistants, and their Successors, Manors, Messuages, Lands, Tenements, Rectories, Tythes, Rents, Reversions, and Services, or any parts or parcels of them, or any of them, and any other possessions and Hereditaments whatsoever; so always as the said Manors, Messuages, Lands, Tenements, Rectories, Tythes, Rents, Reversions, Services, Possessions and Hereditaments, or any of them, do not exceed the clear yearly Value of five hundred pounds, above all Charges, Deductions, and [Page 100] Reprizes; the said Statute of not putting Lands, and Tenements, in Mortmain, or any other Act, Statute, Ordinace, Provision, or restraint to the contrary notwithstanding.
And further of our more especial Grace, Certain Knowledge, A Confirmation of all former Grants of Liberties, Estates, &c. and meer Motion, We have granted and confirmed, and by these presents, do for Us, our Heirs, and Successors, grant and confirm unto the said Master, Wardens, and Assistants, and their Successors, all and all manner of Liberties, Franchises, Immunities, Exemptions, and Jurisdictions, which the said Master, Wardens, and Assistants, or, any of them, by what name or names so ever, by Vertue of what Incorporation soever, heretofore have had, held, used, or enjoyed, or ought to have had, used, and enioyed, to them and their Successors for ever, of an Estate of Inheritance, by vertue or force of any Charters, or Letters Patents, by any of our Predecessors, Kings or Queens of England, or any other [Page 101] Person or Persons whatsoever, by any manner of means heretofore, made, confirmed, or granted, or by any other means, Right, Custom, Use, Prescription, or Title, heretofore used, had, and accustomed; to have and to hold to the said Master, VVardens, and Assistants, and their Successors for ever, to be held of Us, our Heirs, and Successors, by such the same, and the like Rents, Services, and Sums of Money, as the same were formerly holden by, and not otherwise.
Wherefore We will and do strictly Charge and Command, for Us, our Heirs, With an Exemption from all Accounts, for any thing claimed or done by them, before the Date hereof. and Successors, that the said Master, Wardens, & Assistants, and their Successors, shall, and may have, hold, and enjoy for ever, all the aforesaid, Lands, Tenements, Liberties, Authorities, Jurisdictions, and Franchises aforesaid, according to the Tenor and Effect of these our Letters Patents, without let or hindrance of Us, our Heirs, and Successors, or of any Justices, Sheriffs, or other Bayliffs, or Ministers, of Us, our [Page 102] Heirs, and Successors, whatsoever; willing that neither the said Master, VVardens, and Assistants, nor any of them, by reason of the Premisses, or any of them, by Us, our Heirs, and Successors, the Justices, Sheriffs, Escheators, or other Bayliffs, or Ministers, of Us, our Heirs, and Successors whatsoever, be thereof hindred, molested, vexed, grieved, or in any wise troubled. Willing, and by these presents charging and commanding, as well our Treasurer, Chancellor, and Barons of our Exchequer at VVestminster, and other the Justices of Us, our Heirs, and Successors, as our Attorney and Sollicitor General for the time being, and every of them, and all other our Officers and Ministers whatsoever, that neither they nor any of them do prosecute, or continue, or cause to be prosecuted, or continued, any Writ or Summons of Quo VVarranto, or other Writ or Writs, or Process whatsoever, against the said Master, VVardens, and Assistants, or any of them, for any Cause, Thing, Matter, Offence, Claim, or [Page 103] Usurpation, or any of them, claimed, attempted, used, had, or usurped before the making of these presents; Willing also that the said Master, VVardens, and Assistants, or any of them, by any of the Justices, Officers, and Ministers aforesaid, in or for the due use, claim, or abuse of any Liberties, Franchises, or Jurisdictions before the making of these presents be not molested, or hindred, or compelled to answer to them or any of them.
And moreover, The Lord Mayor of London, and all other Officers commanded to Assist, and forbid to molest the Corporation in any thing contained in this Grant. our Will and Pleasure is, that the said Guild, Fraternity, or Brotherhood of the most glorious and undivided Trinity, and of St. Clement in the Parish of Deptford Strond. in our County of Kent, and the Master, Wardens, and Assistants of the same, their Successors, Deputies, and Officers, and every of them, for and concerning all or any our former Grants in these Our Letters Patents contained, and the due Execution of them, or any of them, shall as well by the Lord Mayor, Sheriffs, [Page 104] Justices, Officers, and Ministers of our City of London, as by the Sheriffs, Justices of Peace, and more particularly the Commissioners and other Officers of our Customes in every Port of this our Realm, as also all other Officers, and Ministers of all and every other County, City, and Place of this our Realm of England, from time to time be aided and Assisted, and helped; Forbidding that the same Our Leige People and Subjects, or their Successors, or the afore recited Master, Wardens, and Assistants, and their Successors, or their Officer or Officers for the time being, which shall be Elected, Ordained, and appointed, in manner and form aforesaid, or any of them, be by Us, our Heirs, and Successors, or any the Justices, Mayors, Escheators, Sheriffs, Coroners, Bayliffs, or any other Officer or Minister whatsoever, of Us, Our Heirs or Successors, bearing any Office or Offices whatsoever, in any of our said Cities, or Counties, or in any other Place or Places whatsoever, by any [Page 105] means from henceforth at any time or times hereafter, for the Premisses, or any Article of them, Molested, Impeached, Vexed, Troubled, Disquieted, or Grieved in any thing. In Witness whereof We have Caused, these Our Letters to be made Patents, Witness Our Self, at Westminster, the Eight day of July, in the First Year of our Reign.
A List of the First Thirty one Elder Brethren, appointed by this Charter.
- SAMUEL PEPYS, Esq;
- Cap. John Nicholls
- Cap. Henry Mudd.
- Cap. Nicholas Kerington.
- Cap. William Green.
- Henry Duke of Grafton.
- William Earl of Craven.
- George Earl of Berkely.
- George Lord Dartmouth.
- Sir Thomas Allen, Kt. and Baronet.
- Cap. Simon Nicholls.
- Cap. Isaac Woodgreen.
- Cap. Thomas Browne.
- Sr. Richard Haddock, Kt.
- Sr. John Berry, Kt.
- Sr. John Narbrough, Kt.
- Sr. Matthew Andrews, Kt.
- Sr. Anthony Dean, Kt.
- Cap. Henry Sheere.
- Cap. Hugh Till.
- Cap. Samuel Chamblet.
- Cap. Thomas Collier.
- Cap. Anthony Young.
- Cap. John Hill.
- Cap, Francis Wilshaw.
- Cap. Robert Fisher.
- Cap. James Bonnell.
- Cap. Ralph Sanderson.
- Cap. Thomas Wilshaw.
- Cap. Samuel Rutter.
- Cap. Richard Goodlad.
The Several OATHS Enjoyned by this CHARTER To be taken by the OFFICERS and MEMBERS, OF THIS CORPORATION: According to the Table subjoyned.
1. The Oath of Supremacy.
I [...] Do utterly testifie and declare in my Conscience, The 1st. of Eliz. cap. 1st. that the KING's Highness is the only Supreme Governour of this Realm, and of all other His Highnesses Dominions and Countries, as well in all [Page 108] Spiritual or Ecclesiastical things or Causes, as Temporal; And that no Foreign Prince, Person, Prelate, State, or Potentate, hath or ought to have any Iurisdiction, Power, Superiority, Preeminence or Authority Ecclesiastical or Spiritual within this Realm: And therefore I do utterly renounce and forsake all Foreign Iurisdictions, Powers, Superiorities and Authorities, and do promise that from henceforth, I shall bear Faith and true Allegiance to the KING's Highness, his Heirs and lawful Successors; and to my power shall assist and defend all Iurisdictions, Priviledges, Preeminences and Authorities granted or belonging to the KING's Highness, his Heirs and Successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book.
2. The Oath of Allegiance.
I [...] Do truly and sincerely acknowledge, profess, The 3d. Jacob [...]s cap. 4th. testifie and declare in my Conscience before God and the World, that our Soveraign Lord King JAMES is lawful and rightful King of this Realm, and of all other His Majesties Dominions and Countries; and that the Pope, neither of himself, nor by any Authority of the Church or See of Rome, or by any other means with any other, hath any Power or Authority to depose the King, or to dispose any of His Majesties Kingdoms or Dominions, or to authorize any Foreign Prince to invade or annoy him or his Countries, or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty, or to give License or leave to any of them to bear Arms, raise Tumults, or to offer any violence or hurt to His Majesties Royal Person, State or Government, or to any of his Majesties Subjects [Page 110] within His Majesties Dominions.
Also I do swear from my heart, that notwithstanding any Declaration, or Sentence of Excommunication, or Deprivation made or granted, or to be made or granted by the Pope or his Successors, or by any Authority derived or pretended to be derived from him or his See, against the said King, His Heirs or Successors, or any Absolution of the said Subjects from their Obedience, I will bear Faith and true Allegiance to His Majesty, His Heirs and Successors, and him and them will defend to the uttermost of my power, against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons, their Crown and Dignity, by reason or colour of any such Sentence or Declaration or otherwise; and will do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, all Treasons and Traiterous Conspiracies which I shall know or hear of, to be against him or any of them.
And I do further swear, that I do from my heart abhor, detest, and abjure as [Page 111] impious and heretical, this damnable Doctrine and Position, that Princes which be excommunicated or deprived by the Pope, may be deposed or murthered by their Subjects, or any other whatsoever.
And I do believe, and in my conscience am resolved, that neither the Pope, nor any Person whatsoever hath Power to absolve me of this Oath, or any part thereof, which I acknowledg by good and full Authority to be lawfully administred unto me, and do renounce all Pardons and Dispensations to the contrary.
And all these things I do plainly and sincerely acknowledge, and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words; without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this Recognition and Acknowledgment heartily, willingly, and truly, upon the true Faith of a Christian. So help me God, &c.
3. The Corporation Oath.
13 Carol. 2d. cap. 1st. I [...] Do declare and believe, that it is not lawful, upon any pretence whatsoever, to take Arms against the King: And that I do abhor that Traiterous Position, of taking Arms by his Authority against his Person, or against those that are Commissioned by him. So help me God.
4. The Declaration.
I [...] Do declare, That I hold that there lies no Obligation upon me or any other Person, from the Oath commonly called, The Solemn League and Covenant; And that the same was in it self an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom.
5. The Master and Masters Deputies Oath.
YOu shall Swear, that you during the time of your being the Master of this Guild, Fraternity, or Brotherhood, shall not seek secretly, suddenly or unnecessarily, to withdraw or absent your self from the guidance and Government that appertains unto you therein; And together therewithal shall do your true endeavour, that all and every the Orders, Constitutions, and Ordinances heretofore made and established for the good government of the said Guild, and now in force, or at any time or times hereafter, during your being Master there, shall be made and ordained for the same government, may be duly maintained and kept, as well in your own person as in all others of the same Guild, according to the intent and true meaning of the same Orders, Constitutions, and Ordinances, and every of them; And in all matters and [Page 114] causes of the said Guild, or referred thither forth of the Court of the Admiralty, or by or from the Iudge thereof, or any his lawful Surrogate, Substitute, or Deputy there for the time being, to be determined, decided, or reported, You shall indifferently, and without respect of persons, or unnecessary delay, seek to bring to an end, as to Iustice appertaineth. In the execution of your Office or place, you shall spare or forbear no man for favour or love, or grieve or vex any man for Malice, or hate. Extortion or wrong under colour of your place shall you not do, or cause to be done; neither to any thing that shall be against the Peace, Crown, and Dignity of our Soveraign Lord the King, or the Weal and Profit of this Guild, shall you yield your consent, but let and hinder the same what you may. And moreover you from time to time, during the same your being Master, shall to the uttermost of your skill and knowledge, do your true endeavours, That the said Guild, Fraternity, or Brotherhood may be well and orderly guided and governed, and the good and [Page 115] benefit thereof augmented and sought, And in all things use and behave your self, as to the said Masters place appertaineth. So help you God.
6. The Warden and Warden's Deputies Oath.
YOu shall Swear that you shall well and truly oversee this Guild, Fraternity or Brotherhood, whereof you, be chosen one of the Wardens for the time now to come, and all the good Orders, Constitutions, and Ordinances of the same Guild from time to time, as they be in force, shall you keep and cause to be kept, according to the intent and true meaning of the same Orders, Constitutions, and Ordinances, and every of them; and all the defaults and offences that you shall find in the same Guild to be made, done, or committed, ye shall well and truly present, or cause to be presented at the next Court to be holden for the said Guild, sparing therein no man for favour or love, nor grieving, [Page 116] or vexing any person for malice or hate. Ye shall not seek either suddenly or unnecessarily to withdraw or exempt your self from the execution of your Office or Place before the time appointed you be expired, or ended. Extortion or wrong under colour of your Office ye shall not do, or procure to be done, neither to any thing that shall be against the Rings Majesties Peace, His Crown, and Dignity, or the Weal and profit of this Guild shall you yield your consent, But let and hinder the same what you may. And for the time that ye shall be in your Office or Place of Warden, in all things that shall be belonging unto the same Guild, after the Orders and Customs thereof well and lawfully you shall behave your self. So help you God.
7. The Assistant and Assistants Deputy's Oath.
YOu shall Swear, That you shall from time to time, so long as you shall supply the office or place of an Assistant within this Guild, according to the Election that hath been made of you, aid and assist the Master, the Wardens, and the rest of the Assistants of this Guild, and all and every of their Deputies for the time being, with the best of your experience, skill, and understanding, for the well governing of the same Guild, according to the Orders, Customes, Constitutions, and Ordinances thereof; And the same Orders, Customes, Constitutions, and Ordinances, and every of them, being lawful, just, and in force, you shall do your true indeavour to see them kept and observ'd, both in your own person, and in all others of the same Guild. You shall not seek either secretly, suddenly, or unnecessarily to withdraw or exempt your self from the execution of [Page 118] your Office or place, within the time appointed you at your Election. Extortion or wrong by colour of your place shall you not do, nor procure to be done, neither to any thing that shall be against the Kings Majesties Peace, His Crown, and Dignity, or the weal and profit of this Guild shall you yield your Consent, but let and hinder the same in what you may: And from the time that you shall be or serve in your Office or Place of one of the Assistants, in all things that shall be belonging to the said Guild, after the Orders and Customes thereof, well and lawfully you shall behave yourself. So help you God.
8. The Elder-Brothers Oath.
YE shall Swear to be faithful and true unto our Sovereign Lord King JAMES the IId. His Heirs and lawful Successors: Ye shall be faithful and true unto this Guild, Fraternity, or Brotherhood, whereof you are now made a special member: And in that you are now called to the Fellowship of Elder Brothers, Ye [Page 119] shall faithfully use your self as becometh your place: Ye shall be obedient, aiding, and helpful unto the Master, Wardens, and Assistants of this Company, and their Deputies there for the time being: the Secrets and Privities of the said Company ye shall heal, and not bewray; and if you shall know any person or persons, which intend hurt, harm, or prejudice to our said Sovereign Lord the King, or to this said Fellowship or Guild, or the Priviledges of the same, ye shall speedily give knowledge thereof, or do it to be known to the said Master, Wardens, and Assistants of this Company, or their Deputies for the time being, or to some one of them. All and every the Orders, Constitutions, and Ordinances, which have been made, or shall hereafter be made by the Master, Wardens, and Assistants, or their Deputies for the time being, or the more part of them, or otherwise howsoever agreeable to their Charter, and standing in force, ye shall well and truely hold, and keep; or in default thereof, pay, or cause to be paid to the Clerk of the said Guild (for the time being) to the use of the said Company, all and every such [Page 120] mulcts, pains, and penalties, as have or shall be limited and set against the Offenders and Transgressors of the same. So help me God.
9. The Younger-Brothers Oath.
YOu shall Swear to be faithful and true to our Sovereign Lord King JAMES the II. and to his Heirs and lawful Successors, and to be aiding by all the best means you can to uphold and maintain the good and welfare of this Guild, Fraternity, or Brotherhood whereof you be now made a Member. Ye shall always be obedient unto the Master, Wardens, and Assistants, of the same, and their Deputies for the time being, and use your self as becometh a Younger Brother for the time you shall so continue: All and every the Orders, Constitutions, and Ordinances which have been made, or shall hereafter be made by the Master, Wardens, and Assistants or their Deputies for the time being, or the more part of them, or otherwise [Page 121] howsoever agreeable to their Charter, and standing in force, Ye shall well and truly hold and keep; or in default thereof pay or cause to be paid to the Clerk of the said Guild for the time being, to the use of this Company, all and every such Mulcts, Pains, and Penalties, as have or shall be limited and set against the Offenders and Transgressors of the same. So help you God.
10. The Clerk's Oath.
YOu shall Swear to be faithful and true to our Sovereign Lord King JAMES the Second, and to his Heirs and lawful Successors, and to be aiding by all the best means you can to uphold and maintain the good and welfare of this Guild, Fraternity, or Brotherhood, whereof you be now made the Clerk, and Minister; You shall faithfully conceal the Secrets and Privities of the said Guild, and always during your continuance in that Office and Employment be obedient to the Master, [Page 122] Wardens, and Assistants of the same, and their Deputies for the time being, in their lawful and reasonable Commands concerning the execution of your Office; All the Mulcts, Duties, payments, and sums of Mony whatsoever now due, or hereafter during your Employment to be due to the said Guild, by any Person or Persons, You shall to your uttermost ability, endeavour to Collect and gather to the use of the same Guild, or upon refusal of payment thereof shall acquaint the Master, Wardens, and Assistants, or their Deputies, or the greater part of them at their Court of Assistants, with the same: And whatsoever Sum or Sums of Mony, you shall so collect or gather, You shall truly and faithfully answer, accompt for, Satisfie, and pay to the said Master, Wardens, and Assistants, or the greater part of them, at their Court of Assistants to be holden next after such Collection made, or to be made: Extortion or Wrong to any man, you shall not do, nor cause to be done by colour of your Office, neither to any thing that shall be against the Kings Majesties [Page 123] Peace, his Crown, and Dignity, or the Weal or profit of this Guild, shall you yield your consent, but Lett and hinder the same what you may. So help you God, through Jesus Christ.
Persons. | OATHS. | |||||||||
N o | N o | N o | N o | N o | N o | N o | N o | N o | N o | |
Master | 1 | 2 | 3 | 4 | 5 | |||||
Master's Deputy | ||||||||||
Warden | 1 | 2 | 3 | 4 | 6 | |||||
Wardens Deputy | ||||||||||
Assistant | 1 | 2 | 3 | 4 | 7 | |||||
Assistants Deputy | ||||||||||
Elder-Brother | 1 | 2 | 3 | 4 | 8 | |||||
Younger-Brother | 1 | 2 | 9 | |||||||
Clerk | 1 | 2 | 3 | 4 | 10 | |||||
Under Officers | 1 | 2 | ||||||||
Apprentices | 1 | 2 |
APPENDIX. An Act 8. Eliz. To enable the Trinity-House to erect Sea Marks, and give License to Mariners to Row in the River of Thames.
WHereas the Master, Wardens, and Assistants of the Trinity-House at Deptford-Strond being a Company of the chiefest and most expert Masters, and Governours of Ships, incorporate within themselves, charged with the conduction of the Queens Majesties Navy Royal, are bound to foresee the good Encrease, and maintenance of Ships, and of all kind of Men, Traded and brought up by Watercraft, most meet for her Majesties Marine Service.
And forasmuch as by the destroying, and taking away of certain Steeples, Woods, and other Marks, standing upon the Main Shores, adjoyning to the Sea-Coasts [Page 126] of this Realm of England, and Wales, being as Beacons and Markes of ancient time accustomed for Seafaring Men, to save and keep them, and the Ships in their charge, from sundry dangers thereto incident, divers Ships with their Goods and Merchandizes, in Sailing from Foreign parts towards this Realm of England and Wales, and specially to the Port and River of Thames, have by the lack of such Markes of late years been miscarried, perished, and lost in the Sea, to the great detryment and hurt of the Common-Weal, and the perishing of no small number of people.
For Remedy wherein to be had, be it Enacted, Established and Ordained by the Queens most Excellent Majesty, By the consents of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, that the foresaid Master, Wardens and Assistants of the Trinity-house at Deptford Strond aforesaid, being a Company incorporated as before, shall and may lawfully, by vertue of this Act, from time to time hereafter at their Wills and Pleasures, [Page 127] and at their Costs, make, erect, and set up, such, and so many Beacons, Markes, To erect Sea-Marks. and Signs for the Sea, in such Place, or Places of the Sea-shores, and Uplands near the Sea Coasts or Forelands of the Sea, only for Sea Markes, as to them shall seem most meet, needful, and requisite, whereby the Dangers may be avoided and escaped, and Ships the better come unto their Ports without peril. And that all such Beacons, Markes, and signs, so to be by them, or their Assigns erected, made, and set up at the Costs, and Charges of the said Master, Wardens, and Assistants, shall and may be continued, renewed, and maintained, from time to time at the Costs and Charges of the said Master, Wardens, and Assistants; any thing to the contrary hereof notwithstanding.
And be it further Ordained, and Enacted by the authority aforesaid, that no Steeples, Trees, or other things now standing as Beacons or Markes for the Sea, (whereof to the Owner or Occupier of the Place where the same doth grow or stand, before the first day of March next coming, notice shall be given by [Page 128] the Queens Majesties Letters under her Signet) shall at any time hereafter be taken down, fell'd, or otherwise cut down, upon pain that every person by whose procurement, or consent, such Offence shall be committed, shall forfeit the Sum of One hundred pounds, whereof the One moyety to the Queens Majesty, and the other Moyety to be to the Master, Wardens, and Assistants of the said Trinity-House; And if the said person or persons so offending, be not of the value of One hundred pounds, then the same person and persons to be deemed convict of Outlawry, ipso facto, to all constructions and purposes.
And further be it Enacted by the Authority aforesaid, To License Mariners to row in the Thames. That all Mariners and Seafaring Men, dwelling about the said River of Thames, being thereto Licensed by the said Master, Wardens and Assistants, and having sufficient Certificate of such License from the said Master, Wardens, and Assistants, as well between their Voyages as at other times, at their Wills and Pleasures, by force hereof, the better to keep and refrain chemselves from Folly, Idleness, and Lewd Company [Page 129] and for the relief of them, their Wives, and Children, shall and may freely and quietly exercise and Row in their own Wherryes, or any other mens Wherryes by them to be hired, or wherein they shall be hired, to work up and down the said River of Thames, to apply and follow the Ordinary passing and carrying of the Queens Majesties people to and fro, as other Watermen commonly called Wherrymen of the same River use and accustome to do, without Impeachment, Hinderance, or Let to the contrary; and that such Seasaring men shall not thereby be drawn under any other Government, than under the said Master, Wardens, and Assistants, as they were before; any Act, Statute, Provision, Proclamation, Ordinance or Custom heretofore against the Premisses Ordained or made in any wise notwithstanding.
- Johan. Walker, Deput.
- Johan. Brown, Cler. Parliamentor.
THE GRANT OF Queen ELIZABETH In the 36. Year of Her Reign, OF THE Ballastage, Beaconage, and Buoyage, TO THE TRINITY-HOUSE.
ELIZABETH, By the Grace of God. Surrender of the Ballastage by the Lord Admiral. Queen of England, France, and Ireland, Defender of the Faith, &c. To all to whom these present Letters shall come, Greeting: Whereas our loving Cousin and Councellor, Charles Lord Howard of the most Noble Order of the Garter Knight, Baron of Effingham, and our great Admiral of England, [Page 131] hath by his Deed in our Court of Chancery enrolled, bearing Date the seven and twentieth day of May last past, for divers considerations him therein moving, fully, wholly, and absolutely Surrendred, yielded, and given up unto Us, and into our hands, the Lastage and Ballastage, and Office of Lastage and Ballastage, of all and all manner of Ships, and other Vessels whatsoever, coming, or being, in or upon the River of the Thames, or which shall at any time hereafter be coming, Floting, Issuing, passing, Sailing or going into, or out of the River of the Thames, betwixt our City of London, and the Main Sea, of what burthen soever such Ship or Ships, or other Vessels shall be, and of, and by what Name, or Names soever, such Ballastage and Lastage is, or may be called, known, or used, or which do or hereafter shall remain, lye, or be, at, in, upon, or near unto any Wharf, Bank, or Creek near unto the same River, or any Coast, Shore, or part of the same, [Page 132] betwixt the Bridge of London towards the West part, and the said Main Sea towards the East; And all his lawful Right, And Title to the same. Title, Interest, and demand whatsoever which he hath or might have, claim, or pretend to have of, in, or to the premises, or any of them, by Vertue of the said Office of Great Admiral of England, or of our Letters Patents, dated at Westminster the eighth day of July in the seven and twentieth year of our Reign, made unto him of the said Office of Great Admiral of England, or of any Sentence or Clause therein contained or otherwise; Prays the Granting thereof to the Trinity-House. And hath besought us that we will be pleased to Give, Grant and Confirm the premises unto the Master, Wardens, and Assistants, of the Trinity-House of Deptford-Strond in our County of Kent.
And whereas he hath further by his said Deed of the date aforesaid also fully, Surrenders also the Beaconage and Buoyage. wholly, and absolutely, Surrendred, yielded, and given up unto us, and into [Page 133] our hands, all his Right, Title, Interest, Authority, and demand whatsoever which he hath, or might have, Claim, Challenge, or pretend to have of, in, or to the making, Erecting, Setting up, Placeing or Laying out of all, or any Beacons, Buoyes, Marks, and Signs for the Sea, to be made, Erected, and Set up, Placed, or laid forth, in, or upon the Sea or Sea-Shores, Coasts near the Sea, or Ʋplands, or Forelands, or elsewhere near the Sea, by Vertue or Colour of the said Office of great Admiral of England, Letters Patents aforesaid, or otherwise howsoever.
And hath by his said Deed declared and made known, Declares the Right thereof to be in Trinity-House, by Act of Parliament. that albeit by the Letter of our said Letters Patents aforesaid, the said Beaconage, and other the last recited premises are granted unto him, Yet it doth notwithstanding evidently appear unto him, that it is in and by one Statute or Act of Parliament, made in the Eighth Year of Our Reign, [Page 134] specially and expresly Ordained and Enacted, that the said Master, Wardens, and Assistants of the Trinity-House of the Deptford Strond aforesaid being a Company incorporated, should and might lawfully by Vertue of the said Act, from time to time, at their Wills and Pleasures, and at their Costs and Charges, make, Erect, and Set up, such, and so many Beacons, Marks, and Signs for the Sea, in such Place, or Places of the Sea-shores, and Ʋplands near the Sea Coasts, or Forelands of the Sea, for Seamarks, as to them shall seem most meet, needful and requisite, whereby dangers may be avoided and escaped, and Ships the better come to their Ports without Peril: But for that the placing, and laying out of Buoyes in convenient Places of the Sea, and Channel, for passing into and out of Havens, and Rivers, being a thing most necessary to forewarn, shun, and prevent the Peril and danger of those places may yet be questioned upon, by the strict Letter of the said Statute, Not fully enough express'd in the said Act. or [Page 135] Act of Parliament, for that the said Buoyes be properly and naturally placed and laid out upon or within the Water of the Sea-Haven or River, and not on the Sea-shore, or Banks dry at any time, and doth therefore justly deserve some explanation.
In regard of which premises he doth further by his said Deed of the date aforesaid, humbly also beseech us, Prays therefore a further confirmation, and explanation thereof. that we will be further pleased to give, grant, confirm, and explain, in all ample and beneficial manner, unto the said Master, Wardens, and Assistants of the Trinity-House of Deptford Strond aforesaid, and their Successors for ever, the making, erecting, setting up, placing, and laying out, continuing, renewing, and maintaining, from time to time, of all and every Beacon and Beacons, Buoy and Buoyes, Mark and Marks, Sign and Signs for the Sea, which at the time of the making the said Deed, were, or at any time hereafter shall be made, erected, set up, placed, or laid forth, at [Page 136] the costs and charges of the said Master, Wardens, and Assistants, or of their Successors, in or upon the Sea, and Places Navigable, or Sea-shores, Coast near the Sea, or Ʋplands, or Forelands of this Our Realm of England, near unto the Sea or Seas of the same.
The Ballastage granted and confirmed to the Trinity-House.Now know ye, That We of Our special Grace, certain knowledge, and meer motion, and for sundry good Reasons, Causes, and Considerations, Us especially moving, Have given, granted, confirmed, ratified, and approved, and by these presents do, for Us, Our Heirs, and Successors Give, Grant, Confirm, Ratifie, and approve unto our loving and faithful Subjects the Master, Wardens, and Assistants of the Trinity-House of Deptford Strond in Our County of Kent, and to their Successors for ever, the Lastage and Ballastage, and Office of Lastage and Ballastage of all and all manner of Ships, and other Vessels whatsoever, coming or being, or which hereafter at any time [Page 137] shall be coming, floating, lying or remaining, issuing, passing, sailing, or going in, upon, to, or out of the River of the Thames or elsewhere, betwixt the Bridge of the City of London and the Main Sea, or any Wharf, Bank, Creek, Coast, Shore,, or any part of the same, or near or adjoyning thereunto, betwixt the Bridge of London aforesaid towards the West part, and the said Main Sea towards the East part, of what burthen soever such Ship Vessel or Vessels be, or shall be, and by what name or names soever, and in what kind or kinds soever, the such Ballastage or Lastage is or may be called, reputed, or known, exercised, or used.
And also the Beaconage and Buoyage, and the Office of Beaconage and Buoyage, The Beaconage and Buoyage also confirm'd to the Trinity-House. and the making, erecting, setting up, placing, and laying out, continuing, renewing, and maintaining from time to time, and at all times, at their Costs and Charges, of all, every, and whatsoever [Page 138] Beacon and Beacons, Buoy and Buoyes, Mark and Marks, Sign and Signs for the Sea, in any and whatsoever place and Places in, or upon the Sea, Places Navigable, and Channels for passing into, or out of Havens, or Rivers, or Sea-shores, Coasts near the Sea, Ʋplands or Forelands, or other Places of our Realm of England near unto the Sea or Seas of the same, as to the said Master, Wardens, and Assistants, or their Successors, their Substitute or Substitutes, Deputy or Deputies, Assign or Assigns, shall from time to time seem meet, good, necessary, or convenient.
To enjoy the said Ballastage, Beaconage and Buoyage for ever.To have and to hold the said Ballastage and Lastage, and Office of Ballastage and Lastage, and the said Beaconage and Buoyage, and Office of Beaconage and Buoyage, and all and every other the premises heretofore in these presents mentioned to be given, granted, ratified, and approved; with all and every Fees, Advantages, Sallaries, Profits, Emoluments, [Page 139] Commodities, and Rights, With all Fees, Profits, &c. thereunto being. 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 aforesaid, and their Successors for ever, by themselves, their Substitute or Substitutes, Deputy or Deputies, Assigne or Assigns to use, exercise, execute, and enjoy for ever.
And all and every the said premises to hold of Us, Our Heirs, and Successors, To hold them in free and common Soccage. as of our Manor of East Greenwich in Our said County of Kent in free and common Soccage, and not in Capite, or by Knight-Service, although express mention of the true yearly value, or of any other value, or other certainty of the premises, or of any of them, or of any Gifts or Grants by Us, or any Our Progenitors unto the said Master, Wardens, and Assistants before this time made, in these [Page 140] presents is not made; Or any Statute, Act, Provisoe, Ordinance, or Restraint thereof, or of any thing contained in these presents to the contrary made, had, Ordained, or provided, or any other want of Writ of Ad quod damnum, or any other thing, matter or Cause whatsoever in any wise notwithstanding.
In Witness whereof, &c. Witness Our Self at Westminster, the Eleventh day of June, in the Six and Thirtieth Year of our Reign.
THE GRANT OF King CHARLES, II. In the 17. Year of His Reign, OF THE BALLASTAGE In the RIVER of THAMES TO THE TRINITY-HOUSE.
CHARLES the Second by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith &c. To all whom these presents shall come, Greeting: Now, whereas Our late Royal Predecessor Queen Elizabeth of happy memory, by her Highness Letters Patents under [Page 142] her Great Seal of England, bearing date at Westminster the eleventh day of June, Q. Eliz. Grant of the Ballastage to the Trinity House recited. in the Six and thirtieth year of her Reign, did amongst other things, give grant, confirm, ratifie, and approve unto her loving and faithful Subjects the Master, Wardens, and Assistants of the Trinity House of Debtford-Strond in the County of Kent, and to their Successors for ever, The Lastage and Ballastage and Office of Lastage and Ballastage of all and all manner of Ships and other Vessels whatsoever, coming and being, or which then after at any time should be coming, floating, lying, or remaining, issuing, passing, sailing, or going in, upon, to, or out of the River of Thames or elsewhere, betwixt the Bridge of the City of London and the Main Sea, or any Wharf, Bank, Creek, Coast, Shore, or any part of the same, or near, or adjoyning thereunto, betwixt the Bridge of London aforesaid towards the West part, and the Main Sea towards the East part, of what burthen soever such Ship or [Page 143] Ships, Vessel or Vessels were or should be, and by what name or names soever, and in what kind or kinds soever, the said Ballastage or Lastage is or might be called, reputed, or known, exercised, or used. To have and to hold, amongst other things by the said Letters Patents granted, the Ballastage and Lastage, with all and every Fees, Advantages, Salaries, Profits, Emoluments, Commodities, and Rights, incidents and appurtenances whatsoever, to, for, or out of the premises, any way due and payable, accustomed, appertaining, or belonging to the said Master, Wardens, and Assistants of Trinity House of Deptford Strond aforesaid, 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; and all and every the said Premises to hold of her said Majesty, her Heirs and Successors, as of her Manor of East Greenwich in the said County of Kent in free and common Soccage, and not in Capite nor by [Page 144] Knights service, as in and by the said Letters Patents more at large may appear.
The Reason for granting the Ballastage to Collonel Carlos.And whereas upon information given unto Us by Our trusty and well beloved Subject and Servant Colonel William Carlos of Brewed in the County of Stafford Esq. That if we should grant the said Soil and Gravel of our said River of Thames for Ballasting of Ships, that such our grant would not entrench upon, or be prejudicial to the said Grant made to the said Master, Wardens, and Assistants of the Trinity House as aforesaid; We did by Our Letters Patents under Our Great Seal of England bearing date at Westminster the Seventh day of February in the twelfth year of Our Reign grant, The Grant thereof to Colonel Carlos recited. demise, and to farm let, unto the said Colonel William Carlos, his Executors, Administrators, and Assigns the Ballasting of all Ships and other Vessels whatsoever, riding or being, or then after to ride or be in the River of Thames, in as large and ample manner to all intents, [Page 145] constructions, and purposes, as we or any our Royal Progenitours or Predecessors Kings or Queens of this Realm, or any Our or their Lord Admiral or Admirals of England for the time being, or any others theretofore had granted or enjoyed the same, or might, should, or ought to have, had, or enjoyed the same, and also the Gravel, Sand, and Soil of the said River of Thames, and every part and parcel thereof, and the cleansing of the said River from Shelves and other annoyances: And further We did by the said Indenture of Demise give and grant unto the said Colonel William Carlos, his Executors, Administrrtors, and Assigns full power, priviledge, license, and authority, that he the said Collonel William Carlos, his Executors, Administrators, and Assigns, and every of them, by himself, or by his or their Deputy or Deputies, Agents, Factors, Workmen, and Servants, or any of them from time to time, and at all times during the term in our said Indenture of Demise mentioned, [Page 146] in all and every place and places whatsoever within the said River, being to the damage and annoyance of the same, at his, their, and every of their wills and pleasures should and might dig take up, draw forth, and raise for the better furnishing of Ships with Ballast, the said Gravel and Sand, and soil out of the said River by all such wayes and means, as he, they, or any of them should think fit, and the said Gravel and Soil, so by him, them, or any of them, raised and taken up, to land and lay on Shore upon any of Our wast ground, in all and every convenient place and places, and to take off the same, as his, or their, or any of their occasions should require, and upon any Wharfs, agreeing first with the Owners of the same; and he the said Collonel William Carlos, his Executors, Administrators, Deputies, and Assigns, solely and only to convert, utter, dispose, and sell the said Gravel, Sand, and Soil, to and for the Ballasting of all or any Ship or Ships, Vessels and Boats whatsoever, [Page 147] which should have occasion to take or use Ballast within the said River, he the said Colonel Carlos, his Executors, Administrators, Deputies, and Assigns affording and selling the same, at such reasonable and moderate rates and prizes as the River Ballast was then, and had formerly been usually sold for ballasting of Ships. And we did likewise by our said Indenture of Demise strictly, will, require, and command all other person and persons, Bodies Politick and Corporate whatsoever, during the Term thereby granted, to forbear, to sell, vend, give, or utter, any Gravel, Sand, or Soil of the said River, to or for the ballasting of any Ship or Ships, or other Vessels within the said River, without license first had and obtained in writing under the Hand and Seal of the said Colonel William Carlos, his Executors, Administrators, or Assigns, or his or their Deputy or Deputies, or some of them, upon pain of our High displeasure, and such further pains, penalties, and punishments, as by the Laws [Page 148] or Statutes of this Realm or otherwise should or might be inflicted on them, for their contempt of Our Royal Pleasure and Commandment in the premises. To have, hold, take, and enjoy the said Ballasting of Ships and other Vessels, the said Gravel and Soil of the said River, and the cleansing thereof, in as large and ample manner and form, to all intent, constructions, and purposes whatsoever, as We, or any Our Royal Progenitours, or Predecessors, Kings or Queens of this Realm, or any Our or their Lord Admiral or Admirals of England, or any others had thentofore had granted or enjoyed the same, or might, should, or ought to have had and enjoyed the same, together with all and every the Licenses, Powers, Priviledges, Authorities, Profits, Commodities, and Advantages whatsoever, for the cleansing of the said River as aforesaid, and other the Premises, unto him the said Colonel William Carlos, his Executors Administrators, and Assigns from the [Page 149] date of our said Letters Patents of Demise, for and during the Term, and unto the ful end and term of Thirty and one years from thence next ensuing, and fully to be compleat and ended; Yielding and paying therefore yearly, and the said William Carlos, for himself, his Heirs, Executors, Administrators, and Assigns did covenant, promise, and grant, and agree to and with Us, our Heirs, and Successors by the said recited Indenture of Demise, to pay unto Us, our Heirs, and Successors, for and during the said Term of One and Thirty years, the yearly rent or Sum of One thousand Marks of lawful Mony of England into the Receipt of Our Exchecquer at Westminster, at the Feasts of St. John the Baptist, and the Birth of our Lord God, or within forty days next after the same Feast, by even and equal Portions, as in and by the said Indenture of Demise (relation being thereunto had) more at large appears.
And further reciting, that whereas [Page 150] divers Suits by reason of Our said Indenture of Demise, The Title to the Ballastage disputed between Trinity-House and Collonel Carlos, decided by the King. granted to the said Colonel William Carlos as aforesaid, did after arise, and were prosecuted in Our Name, between the said Master, Wardens, and Assistants of Trinity House aforesaid, and the said Collonel William Carlos, touching the Right and Title to the Ballasting of Ships in the River of Thames, and interest of the Sand, Soil, And Gravel of Our said River of Thames, for the aforesaid use of ballasting of Ships as aforesaid, which Suits and Differences by Our mediation and interposition We had then finally composed and that whereas the said William Carlos in pursuance of Our said final composition and agreement, Carlos thereupon surrenders to the King. by his Deed under his Hand and Seal, bearing date the two and twentieth day of May in in the Fifteenth year of our Reign, and inrolled in Our High Court of Chancery, granted, Surrendred, and yeilded up unto us all that the said Ballasting of Ships and other Vessels, the said Gravel and [Page 151] Soil of the said River of Thames, and the cleansing thereof, with all and every Licenses, Powers, Priviledges, Authorities, Profits, Commodities, and Advantages whatsoever, for the cleansing of the said River as aforesaid, and other the premises, which in and by the said recited Indenture of Demise were granted and demised, or mentioned to be granted or demised unto the said Col. William Carlos, his Executors, Administrators, and Assigns, and all the Estate, Right, Title, Interest, Claim, and Demand whatsoever of him the said Col. William Carlos of and unto the same, and every part and parcel thereof, together with the same Indenture of Demise to be cancelled or made void, as in and by the said Deed inrolled in our High Court of Chancery as aforesaid, more at large may appear, Which surrender we did then accept.
And whereas We by our Letters Patents, The Grant of the Ballaststage 15 Car. 2. to the Trinity-House, recited. bearing date the eighteenth day of August in the Fifteenth year of our Reign, [Page 152] did, for the consideration therein expressed, give and grant unto the said Master, Wardens, and Assistants of the said Guild or Fraternity of the most glorious and undividable Trinity, and of St Clement in the Parish Church of Deptford Strond in Our said County of Kent, and to their Successors for ever, to and for the uses, intents, and purposes in the said Letters Patents mentioned, the Lastage, Ballastage, and ballasting or loading of Sand, Gravel, Earth, Chalk, Rubbish, Clay, Flints, Lime, Soap-ashes, Brick, Tyles, or any other things, Merchandizes or Commodities whatsoever, taken from any Wharf, Creek, Coasts, or Shoar, upon or adjoyning to Our said River of Thames, for Lastage, Ballastage, or Loading, or used instead of such Lastage, Ballastage or Loading as aforesaid, together with the Office of Lastage and Ballastage, and Ballasting of all and all manner of Ships, Hoyes, Barks, Boats, or other Vessels whatsoever coming or being, or which at any time then after should be coming, floating, lying, or remaining [Page 153] issuing, passing, sailing, or going in, upon, to, or out of the River of Thames or elsewhere, betwixt the Bridge of the City of London and the main Sea, or any Wharfe, Bank, Creek, Coast, Shoar, or any part of the same, or near, or adjoyning thereto, betwixt the Bridge of London aforesaid toward the West part, and the said Main Sea towards the East part, of what Burthen soever such Ship or Ships, Vessel or Vessels, were, or should be, and by what other Name or Names soever, and in what kind or kinds soever the said Ballastage and Lastage, and ballasting, was or might be called, reputed, or known, Exercised, or used. And further we did by the same Letters Patents, give and Grant unto the said Master, Wardens, and Assistants of the said Trinity-House of Deptford Strond, in our said County of Kent, and their Successors for ever, to, and for the Uses, intents, and purposes aforesaid, the Gravel, Sand, and [Page 154] Soil of the said River of Thames, or any part and parcel thereof, for the ballasting of Ships or other Vessels, and for any other Use, or Uses whatsoever.
And all our Wast Grounds to the said River belonging, All the wast Grounds, &c. belonging to the River of Thames, granted also to the Trinity-House. with all Purprestures, Incroachments, Improvements, Advantages, and Profits, in, or upon the same, which should or might appertain, or any way of right belong to Us, Our Heirs, or Successors, from the Bridge of Staines to the Water of Medway. And further We did give, and Grant unto the said Master, Wardens, and Assistants, of the Trinity-House aforesaid, and their Successors for ever, full Power, Priviledg, and Authority, That they and their Successors by themselves, or by their Deputy, or Deputies, Agents, Factors, Workmen, and Servants, or any of them, from time to time, and at all times for ever thenafter, in all and every Place and Places whatsoever within the said River, being to the [Page 155] Damage and annoyance of the same, at their and every of their Wills and Pleasures, should and might dig, take up, draw forth, and raise, for the better furnishing of Ships with ballast, the said Gravel, Sand, or Soil out of the said River, by all such ways and means, as they or any of them should think fit, so as the said River might not be annoyed and made Dangerous to Ships, Lighters, Boats, and other Vessels therein passing; and the said Gravel and Soil, so by them, or any of them raised and taken up for the Uses aforesaid, to Land and lay on Shoar upon any of our wast ground, in all and every convenient Place and Places, and to take off the same, as their or any of their occasions should require, and upon any Wharfe or Wharfes built, encroached, or gained, or which at any time then after should be built, encroached, or gained from or upon our River of Thames, for the better supply of Dry Ballast, for all such Ships and other [Page 156] Vessels as should carry Cloath, and other like dry Goods; 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, and enjoy the said Ballastage and Lastage, and Office of Ballastage and Lastage, the said Gravel, Sand, and Soil of the said River, and the said wast grounds thereunto belonging, and all and ever other the premises thentofore, in, and by the said Letters Patents, given and granted, or mentioned to be given and granted, with all and every Fees, Advantagcs, 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 Trinity-House of Deptford-Strond aforesaid, and [Page 157] 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 use 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 Mannour of East Greenwich in our said County of Kent, in Free and Common Soccage, and not in Capite, nor by Knights Service, under the Yearly Rent or Sum of One Thousand Marks of lawful Mony of England, payable unto the said William Carlos his Executors, Administrators, and Assigns, for and during the full End and Term of One and Thirty years, to Commence from the Feast of the Annuncion of the Blessed Virgin Mary last past, before the date of our said Letters Patents, and from thenceforth fully to be compleat and ended as in and by Our said Letters Patents, amongst other things therein contained, relation being [Page 158] thereunto had, more plainly and at large it doth and may appear.
The first Grant, surrendred by the Trinity-House, by reason of some doubts arising thereupon.And whereas certain Controversies, doubts, and questions have arisen concerning our said Grant to the said Master, Wardens, and Assistants of the said Trinity-House of Deptford Strond, whereupon the said Master, Wardens, and Assistants, by their Deed under their common Seal, bearing date the ninth day of December last past, before the date of these presents, and inrolled in our high Court of Chancery, have granted surrendred, and yielded up unto us the said Lastage, and Ballastage, and Office of Lastage, and Ballastage, and Ballasting of all, and all manner of Ships and other Vessels aforesaid, and all the Wasts, Wast-Grounds, Gravel, Sand, and Soil aforesaid, and all and singular the Fees, Advantages, Sallaries, Profits, Liberties, Priviledges, Emoluments, Commodities, and Rights, Incidents, and Appurtenances whatsoever, to, for, out of, or by [Page 159] reason of all, or any the premises, any way due, payable, accustomed, appertaining or belonging, in or by Our Letters Patents granted, or mentioned to be granted; And also all the Estate, Right, Title, Interest, Claim, and Demand whatsoever, of them the said Master, Wardens, and Assistants, of the Trinity House of Deptford-Strond aforesaid, of, in, and unto the said Lastage, and Ballastage, and Office of Lastage and Ballastage, or Ballasting aforesaid, and of, in, or unto the said Wasts, Wastground, Gravel, Sand, and Soil, or any part thereof, and of, in, and to all and singular other the Fees, advantages, sallaries, profits, Liberties, priviledges, emoluments, commodities, and all other things whatsoever thereunto, or any part thereof, belonging or appertaining, or there withall, by our Letters Patents aforesaid, Granted, or mentioned, or intended to be Granted, together with our Letters Patents aforesaid, to be Cancelled and made void, [Page 160] which said Surrender we have accepted of, and by these presents do accept.
The Ballastage, regranted to the Trinity-House, for the relief of poor Seamen, their Wives, &c.Now whereas many decayed Seamen, their Wives, Widdows, and Orphans, have from time to time received good relief by the hands of the said Master, Wardens, and Assistants of the said Trinity House of Deptford Strond, out of the Lastage and Ballastage, raised and taken forth of our said River of Thames, for Ballasting of Ships and other Vessels; Know ye, that we, as well for the considerations aforesaid, as for the consideration of the said Surrender, and for divers other good causes and considerations Us hereunto especially moving, of Our especial Grace, certain Knowledge, and meer motion, 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 the said Guild, or Fraternity, of the most Glorious and individable Trinity, and of St. Clement, [Page 161] in the Parish Church of Deptford Strond in our said County of Kent, and to their Successors for ever, to and for the uses, intents, and purposes aforesaid, the Lastage, Ballastage, and Ballasting or loading of Sand, Gravel, Soil, Stones, What to be accoun [...]ed Ballast Earth, Chalk, Rubbish, Clay, Flints, Lime, Soape Ashes, Bricks, Tyles, or any other things, Merchandizes, or Commodities whatsoever, taken from any Wharfe, Creek, Coast, Bank, or Shoar upon, or adjoyning to our said River of Thames, for Lastage, Ballastage, and Ballasting or Loading, or used instead of such Lastage, Ballasting or Loading as aforesaid, The Ballast of all Vessels passing between the Bridge of London, and the main Sea. Together with the Office of Lastage and Ballastage, and ballasting of all and all manner of Ships, Hoyes, Boats, Barks, and all other Vessels whatsoever, coming or being, or which hereafter at any time shall be coming, floating, lying or remaining, issuing, passing, sailing or going in, upon, to, or out of the River Thames, or elsewhere, betwixt the Bridge of the [Page 162] City of London and the Main Sea, or any Wharfe, Bank, Greek, Coast, shoar, or any part of the same, or near or adjoyning thereunto, betwixt the Bridge of London aforesaid towards the West part, and the said Main Sea towards the East part, of what Burthen soever such Ship or Ships, Vessel or Vessels be, or shall be, and by what other Name or Names soever, and in what kind or kinds soever the said Ballastage or Lastage is, or may be called, reputed, known, exercised, or used.
Grant also of the Gravel, Sand, and Soil, of the River, to the Trinity-House.And further, We do by these presents for Us, Our Heirs and Successors, Give and Grant unto the said Master, Wardens, and Assistants, of the said Trinity-House of Deptford Strond, in Our said County of Kent, and their Successors for ever, to, and for the uses, intents, and purposes aforesaid, the Gravel, Sand, and Soil, of the said River of Thames, and every part and parcel thereof for the Ballasting of Ships and other Vessels; [Page 163] And further, We have given and Granted, and by these presents, for Us, Our Heirs, and Successors, do give and Grant to the said Master, Wardens, and Asstants of Trinity House aforesaid, and their Successors for ever, full power, priviledge, and authority, that they and their Successors, by themselves or by their Deputy or Deputies, Agents, Factors, Workmen and Servants, or any of them, from time to time, and at all times for ever hereafter, in all and every place and places whatsoever, To dig, and take up the said Gravel, &c. as they shall think fit, so it annoy not the River. within the said River, being to the damage and annoyance of the same, at their and every of their Wills and pleasures, shall and may dig, take up, draw-forth, and raise, for the better furnishing of Ships with ballast, the said Gravel, Sand, and Soil, out of the said River, by all such ways and means, as they or any of them shall think fit, so as the said River may not be annoyed and made dangerous to Ships, Lighters, Boats, and other Vessels therein passing; and [Page 164] the said Geavel, Sand, and Soil so by them, or any of them, raised and taken up for the use aforesaid, to Land, and lay on shore on any of our Wast grounds (other then, To lay the same, ashore on any Wast-ground, not granted to others. and except on such wast grounds, or Wharfes, as are already granted, or shall be granted by Us, our Heirs, and Successors, to our trusty and well beloved Servants, Sir Robert Killigrew Knight, and Edward Progers Esq; one of the Grooms of our Bed Chamber) and every convenient Place or Places, and to take off the same as their or any of their occasions shall require, And upon any Wharfe or Wharfes built, And upon any 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, [Page 165] 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 Ʋse and benefit of the Poor For the Ʋse and benefit of the Poor. aforesaid, and to no other use, intent, or purpose whatsoever; And all and every [Page 166] 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 [Page 168] 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 [Page 169] 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 Commonwealth, 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. [Page 170] or any way in right belong to Ʋs. 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, Ʋnder 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 [Page 171] 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 [Page 172] 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 Ʋs, 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 Ʋs, 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 [Page 174] 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 [Page 175] 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 [Page 176] 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 Ʋse 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 [Page 177] 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, Ʋnder Treasurer, Chamberlains, and Barons of Our Exchecquer for the time being, and also our Attorny General for the time being, and all and every [Page 178] 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 [Page 179] 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, Ʋnder 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 [Page 180] 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 Ʋs, 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 [Page 181] 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 Ʋs, 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 [Page 182] 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 [Page 183] 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, [Page 184] 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 Duties and Fees belonging to the said Ballast Office be paid to the said Master, Wardens, and Assistants, or their Deputies and Assigns, and that Certificates thereof be produced [Page 185] under the hands of the said Master, Wardens, and Assistants, or their Deputy or Deputies for that purpose appointed: And we do further by these presents command all Searchers at Gravesend, Nor searchers at Gravesend to clear any Ship, without Certificate from the Trinity-House of the said Duties being paid. that they do not permit any Ship or other Vessels whatsoever to be cleared, or proceed to Sea or pass away, without Certificate from the said Master, Wardens, and Assistants, or their Deputies or Assigns, that the said Fees and Duties are paid as aforesaid, as they will answer the contrary at their utmost Perils. And the said Officers of our Customs, and Searchers are hereby Commanded to make good all such loss and damage, Or to make good all losses. as shall from time to time happen to be sustained by their defaults respectively.
And We do hereby for Us, This Grant to be renewed and strengthned when and as often as desired. Our Heirs, and Successors, further promise, and Grant unto the aforesaid Master, Wardens, and Assistants of Trinity-House aforesaid, and to their Successors, that if, and as often as any doubts or questions [Page 186] shall happen to arise, for, touching, or concerng the Validity of these Our Letters Patents, that then and so often, upon the humble Petition of the aforesaid Master, Wardens, and Assistants, and their Successors, to Ʋs, Our Heirs, and Successors exhibited, or upon Notice and Certificate to Us, Our Heirs and Successors, by the Learned Council of the aforesaid Master, Wardens, and Assistants, or their Successors, touching any defect requisite to be amended, We our Heirs, and Successors, will gratiously grant other Letters Patents unto the said Master, Wardens, and Assistants, with such and so many Amendments, Explanations, Amplifications, and Additions, for supplying the said defects requisite to be amended, as by the Council of the aforesaid Master, Wardens, and Assistants, and their Successors, shall be advised, devised, or required.
And lastly, our Will and Pleasure is, that these presents shall be Good and [Page 187] Effectual in the Law to all Intents and Purposes, No Former Grants, nor Errors in Recital, or Omissions are to hurt this Grant. notwithstanding any former Grant or Grants heretofore Made or Granted of the Premises, or any part or parcel thereof, by Ʋs, or any of Our Progenitors, unto any Person or Persons whatsoever; Or the not Reciteing, or not truly Reciteing of such Grants or any of them, Although Express Mention of the true Yearly value or Certainty of the Premises, or of any of them, or of any Other Gifts or Grants by Ʋs, or by any of Our Progenitors or Predecessors, heretofore made to the said Master, Wardens, and Assistants of Trinity House aforesaid, in these Presents is not made; or any Statute, Act, Ordinance, Provision, Proclamation, or Restriction heretofore Had, Made, Enacted, Ordained, or Provided, or any other Matter, Cause, or Thing whatsoever to the Contrary thereof in any wise Notwithstanding. In Witness whereof We have caused these our Letters to be made Patents, Witness [Page 188] our Self at Westminster, the Four and Twentieth day of June, in the Seventeenth Year of our Reign.
By the King. A PROCLAMATION For Prohibiting Dirt-Boats, and Bum-Boats, upon the River of Thames.
WHereas several Dirt-Boats, and Bum-Boats, do usually pass to and fro upon the River of Thames, the Owners whereof will not submit to the Government of the Company of VVatermen, nor any other Regulation whatsoever; But under pretence of Fetching Dirt, and Furnishing necessary Provisions on Board such Ships as are in the River, do commit divers Thefts and Robberies, and practice several other Insufferable Misdemeanours, and sometimes endanger the Fireing [Page 190] His Majesties own Ships, as also the Ships of divers Merchants Riding in the River, by coming in the Night-time to assist such as are left on Board the Ships, in the Imbezlement of the Goods, Stores, or Tackling, Intrusted to their Charges: His Majesty therefore, by Advice of His Privy Council, hath thought fit to Publish this His Royal Proclamation, And doth hereby straitly Charge and Command all and every person and persons whom it doth or may concern, That they presume not henceforth to use any such Dirt-Boats or Bum-Boats upon any pretence or occasion whatsoever, as they will answer the contrary at their utmost Perils. And if any such Boats shall hereafter be found upon the River of Thames, contrary to the Tenour of this His Majesties Proclamation, His Majesty doth hereby straitly Charge and Command the Master, Wardens, [Page 191] Assistans, and Brethren of the Trinity House, the Officers of His Majesties Yards, and the Masters and Rulers of the Company of VVatermen for the time being, and others whom it may concern, That they cause such Dirt-Boats and Bum-Boats to be Seized, and the persons so using the same, to be Arrested and brought before His Majesty and His Privy Council; And that they do from time to time take strict care that this His Majesties Proclamation may be duely put in Execution.
Given at Our Court at Whitehall, the Sixth day of April, In the Twenty third year of His Majesties Reign.
GOD SAVE THE KING.
By the King, A PROCLAMATION For Regulating the Colours to be worn on Merchants Ships.
WHereas by ancient Vsage no Merchants Ship ought to bear the Iack, which is for Distinction appointed for His Majesties Ships; Nevertheless, His Majesty is informed, That divers of His Majesties Subjects have of late presumed to wear His Maiestis Iack on board their Ships employed in Merchants Affairs, and thinking to evade the Punishment due for the same, bear Iacks in Shape and mixture of Colours, [Page 193] so little different from those of His Maiesty, as not to be without difficulty distinguished there from; Which practice is found attended with manifold Inconveniences: For prevention whereof for the future His Maiesty hath thought fit, with the Advice of His Privy Council, by this His Royal Proclamation, strictly to Charge and Command all His Subiects whatsoever. That from henceforth they do not presume to wear His Majesties Iack (commony called, The Union Jack) in any of their Ships or Vessels, without particular Warrant for their so doing from His Majesty, or the Lord High Admiral of England, or the Commissioners for Executing the Office of Lord High Admiral for the time being; And His Majesty doth hereby further Command all His Loving Subjects, That without such Warrant as aforesaid, they presume not to wear [Page 194] on board their Ships or Vessels, any Iacks made in imitation of His Majesties, or any other Flags, Iacks or Ensigns whatsoever, then those usually heretofore worn on Merchants Ships, viz. The Flag and Iack white, with a Red Cross, (commonly called Saint George's Cross) passing quite through the same; And the Ensign Red, with the like Cross in a Canton White, at the upper Corner thereof next to the Staff.
And His Majesty doth hereby require the principal Officers and Commissoners of His Navy, Governours of His Forts and Castles, the Officers of his Customs, and Commanders or Officers of any of His Majesties Ships; or upon their meeting with, or otherwise observing any Merchants Ships or Vessels of His Majesties Subjects wearing such a Flag, Iack, or Ensign contrary hereunto, whether at Sea, or in Port, not onely to cause such Flag, Iack, or [Page 195] Ensign to be forthwith Seised, but to return the Names of the said Ships and Vessels, together with the Names of their respective Masters, unto the Lord High Admiral, Lords Commissioners of the Admiralty, or the Iudge of the High Court of Admiralty for the time being, to the end the persons offending may be duly Punished for the same.
And His Majesty doth hereby Command and Enjoyn the Iudge and Iudges of the High Court of Admiralty for the time being, that at the several Sessions to be hereafter held by His Majesties Commission of Oyer and Terminer for the Admiralty, they give in Charge, that strict enquiry be made of all Offences in the Premisses, and that they cause all offenders therein to be duly punished: And all Vice-Admirals, and Iudges of Vice-Admiralties, are also to do the same, and to attend the due observation hereof within [Page 196] the several Ports and Places of their respective Precincts.
GOD SAVE THE KING.
ORDERS, CONSTITUTIONS, AND BY-LAWS, Made by the Master, VVardens, and Assistants, of the Guild, Fraternity or Brotherhood, of the most Glorious and Individable TRINITY, AND OF St. CLEMENT in the Parish of Deptford-Strond, in the County of Kent. Touching the Conservation, good Estate, wholesome Government, Maintenance, and Encrease of the Navigation of this Kingdom; and of the Mariners, and Sea-faring Men within the same. By Vertue of Several Charters, and Letters Patents, made unto the said Corporation by several KINGS and QUEENS of this Realm. And Particularly of a Charter of Constitution and Confirmation of the same, made by our most Gracious Sovereign JAMES the Second, by the Grace of God of England, Scotland, France, and Ireland King, Defender of the Faith, &c. Dated the Eighth day of July, in the First year of his Majesties Reign.
Orders, Constitutions, and By-Laws, Made by the Master, Wardens, and Assistants, of the Guild, Fraternity, or Brotherhood, of the most Glorious and Individable Trinity, and of St. Clement in the Parish of Deptford-Strond, in the County of Kent.
IMprimis, It is Ordered, The Penalties of Masters, Pilots and Seamen, for not appearing at the Trinity-House upon Summons. that if any Master, or Pilot, Mariner or Seaman, belonging unto or taking charge of any Ship or Vessel within the River of Thames, shall at any time be Summoned to come before [Page 200] this Corporation, at any of their Courts holden at the Trinity-House, or other usual place of their meeting, and shall deny or refuse to appear upon any such summons, (lawful and reasonable excuses always excepted) they shall forfeit and pay (if a Master or Pilot) for every such default thirteen-shillings and four pence; and if a Mariner or Seaman, for his first default two-shillings, for his second, three shillings and four pence, to the use of the Poor of this Corporation; and for the third offence, both Master and Pilot, Mariner and Seaman, shall be further punished at the discretion of this Company, the Fine not exceeding [Page 201] forty shillings for a Master or Pilot, and twenty shillings for a Mariner.
II.
Item, The Penalty of Masters of Ships going to Sea, without paying their Duties to the Trinity-House. Whereas heretofore sundry Masters of Ships have gone to Sea, without paying such Duties as they ought to have paid to this Corporation at the time of their going; It is therefore ordered, that whatsoever Master of a Ship shall from henceforth go to Sea, before he hath paid all such Duties as he shall then owe to this Corporation (they being of him demanded before his going), shall at his next Return into the River of Thames, pay double so much as he ought to have paid [Page 202] at his going to Sea, over and besides the Duties which from him may grow due for the said Voyage at his Return.
III.
Item, It is ordered, that from the time that any Ship or Vessel within the River of Thames, The Penalty of a Master and other Officers, for not giving their attendance on board as required. or any Creek or Harbour of the same, shall first receive into her any Merchants Goods, to be transported into any parts beyond the Seas, the Master or his Mate shall every day be aboard the said Ship or Vessel, to see the said Merchants Goods safely taken in, bestowed, and placed within the said Ship, if she shall be at Blackwall or above: And likewise upon the [Page 203] Return of every Ship from their Voyages, the Master or his Mate shall be aboard every day, to see and provide that the Merchants Goods be orderly and safely delivered out of the said Ship, if she shall be at Blackwal or above as aforesaid, (lawful and reasonable Excuses always excepted); and if the said Ship shall be below Blackwall, then the Master or his Mate shall be aboard three times in a week, or every other day, for the purposes aforesaid. And for every time their neglecting so to do, they shall forfeit and pay, each of them, to the use of the Poor of this Corporation, the sum of six shillings and eight pence.
It is further order'd, that the Mate, Boatswain, Gunner, and Carpenter (or two of themat least) do constantly lye on board, whilst the Ship shall have any goods remaining in her; or shall forfeit and pay (each of them) for every such neglect, to the use of of the Poor of this Corporation, the sum of five shillings.
IV.
Item, Whereas by reason of Powder being taken aboard Ships before their departure out of the River of Thames, The Penalty of taking or keeping Powder aboard, but at such times and Places. and by being kept aboard at their Return in the time of their unlading, as also by the heating of Pitch, Tar, Rozine, Grease, Tallow, Oyl, &c. aboard Ships, [Page 205] there hath often happened great Losses by Fire to Merchants and Owners.
It is Order'd, That no Ship outward bound do receive on board any Powder either for Merchandize, or store for the Voyage, before she shall be at or below Blackwall, and not there till within twenty four hours before she shall set sail from thence to Gravesend; and that every Ship homeward bound do put ashore her Powder as aforesaid, at or before her arrival at Blackwall, and that within twenty four hours (if the Weather shall permit) after her coming to an Anchor there, or at the place of her unloading; upon [Page 206] the penalty of the Master of every such ships, forfeiting and paying to the use of the Poor of this Corporation, for every time so offending, 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 [Page 208] 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 [Page 209] 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 [Page 211] 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, [Page 212] 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 [Page 213] 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 [Page 214] 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 [Page 215] 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 [Page 216] 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 [Page 217] 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 [Page 218] 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. [Page 219] 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 [Page 220] Lord God One thousand six hundred Eighty Seven.
- Jefferies C.
- R. Wright.
- Edw. Herbert.