Anſwer to the obiection of neglect. WHereas it is obiected, that from the eighth of Elizabeth, we neuer ſet vp light-houſes at Winterton vntill this time: we anſwer, it is true. The reaſon is, that vntill now, there was neuer cauſe, neither in the ••• gements of our ſelues, nor of the Maſters of ſhipping, trading that coaſt. About 2 or 3 miles from Winterton, 13 or 14 yeares ſince, we built 2 light-houſes, and layd 2 booyes at a place called Caſtor: at which time we ſounded all thoſe channels, but found no cauſe why to ſet vp, or lay out any ſea-marke, either for day or night at Winterton. Some 10 yeares ſince, or thereabouts, we made 2 other light-houſes at Lowſtoffe: at which time we likewiſe ſounded all thoſe channels on that coaſt, but found no cauſe for any ſea-marke at Winterton: ſo good was the channell there, that we thought it not needfull; neither was it held neceſſary by others. Some 6 yeares ſince, or thereabouts, we ſent ſix of the chiefeſt of our Corporation, with ketches or boates to ſound all thoſe channels vpon that coaſt; and to erect, and lay out ſuch and ſo many ſea-markes, as to them ſhould ſeeme good: yet found no cauſe to ſet vp any light-houſe at Winterton. But now ſome 4 yeares ſince▪ or thereabouts, in one Winter the ſands altered, and the channell grew dangerous: and preſently after, fell a wracke of 5 or 6 ſhips: yet not ſo much by the alteration of the channell, as by a great ſtorme or tempeſt, that happened by night: which ouer-ruled the skill and cunning of the Pilots, to the loſſe of the foreſaid ſhips: yet were not all the ſhips loſt which were in this ſtorme, and in the company of thoſe loſt ſhips: for the whole number of ſhips was 35 or 40, of which onely fiue or ſixe were loſt.

That we erected a light-houſe, as ſoon as was cauſe; and that 10 or 11 months before the Patentee.Preſently vpon this, we made preparation, (which was ſeconded by a generall petition from all the owners and Maſters of ſhips trading New-caſtle, and that North coaſt) and began to build our Tower-light in March, and finiſhed it in Iune following; which coſt vs 600 pounds; and kept our lights from Iune to Aprill following, without any collection towards the charge. By which time the Patentee obtained his patent (dated the xviij of Febr. 1617.) by vertue whereof we were commanded to put out our lights: which we did. And afterwards the Patentee broke open the doore of our tower-light, and kept his light in it, vntill his owne ſtructures were erected.

The charge of the Patentees ſtructures.Whereas it is auerred and deliuered, that the Patentee hath bene at 25 or 30 hundred pounds vpon the charge of his ſtructures, or houſes built at Winterton: we anſwer, that the like ſtructures or houſes may be built for 150 pounds, or thereabouts. And for the ſurplus of charges, we profeſſe, not to vnderſtand it, neither do we thinke that the Patentee can giue an account thereof.

His yearely charge.For the monethly or yearely charges of keeping the ſaid lights; we anſwer: that it is about 11 or 12 pounds a moneth, which is 130 pounds, or thereabouts, a yeare.

His yearely receipts.Towards this his charge in erecting, and for his maintenance of theſe lights, 3 yeares or thereabouts he hath receiued the collection of 2 pence vpon euery chaldron of coales: which amounteth yearely to the ſumme of 14 or 15 hundred pounds; beſides the collection of one pennie vpon the tunne of all other ſhips trading that coaſt: 40 pence for 6 pence. which (being 40 pence vpon euery 20 chaldron) is neere ſeuen times ſo much as the voluntary contribution (of 6 pence vpon euery 20 chaldron) accepted by the Trinitie-houſe, for maintenance of their lights.

Now it reſteth to anſwer to the difference, betweene the Patentee, and the Maſters of the Trinitie-houſe, in point of qualitie, and care, for well keeping of the ſaid lights.

The Patentees vnfitnes. Of the Patentee, we will ſay but this: he is no ſea-man. In the nature of ſea-markes, ſands, channels, tides, &c. he neither doth, nor can poſſibly vnderſtand.

Qualitie, fit to keepe ſea-markes. For the Maſters of the Trinitie-houſe, in point of qualitie, who can iuſtly except againſt vs? Are we not ſea-men, bred euen from our childhood, in the knowledge of marine affaires: of nauigable channels, ſands, ebbing, flowing, and ſetting of tides: in the knowledge of ſetting out of ſea-markes, whether for day or night? is not this knowledge within the compaſſe of our element, and of ours onely? Are we not at home, when we are in our ſhips, ſurging in thoſe channels, and on the ſeas? who will or can diſpute or reaſon with vs in this element? it is proper to vs, improper to all other.

Care in keeping ſea-marks In point of care, may any be equall to vs? we aduenture our liues, our eſtates, yea all our meanes within the compaſſe of theſe channels: our hopes in all depend vpon the knowledge of channels, ſands, and the well keeping of ſea-markes. His Maieſtie repoſeth the truſt, the care and charge of his Nauie royall (in point of conduction and pilotage) to vs; we ſay, to vs onely: neither will his Ma: repoſe this truſt in any other Corporation or Companie in this kingdome. If all theſe weightie motiues be not of force, to ſettle more care in vs, then in any other, for the well keeping of ſea-markes, let vs ſuffer, and be hanged at the gates of the Kings Court, for example to others.

Authoritie for keeping ſea-markes. In point of authoritie, making for vs: it is now 100 yeares, ſince we were made a Corporation: it is 55 yeares, ſince the Parliament made a law, to enable vs, for the ſetting vp, and laying out of all ſea-markes: which accordingly we haue done: and neuer queſtioned vntill now, and that by the Patentee. The examination whereof, by vertue of two ſeuerall references from the King, came to full hearing, before the right honorable Lords, at the Councell boord; who, by two ſeuerall orders (as by the ſaid orders at large may appeare) conferred, and confirmed the whole, and ſole keeping of all ſea-markes, vpon our Corporation. After this, the Patentee got a third reference to Sir Henrie Yelverton, then Attorney generall: he takes into his conſideration, the legall point onely, (not medling with the point of conuenience) and finding the want of a negatiue in the ſtatute, certified that the Patentee, by allowance from the King, might do it, as well as we. VVhereupon he obtained his Maieſties grant, and enioyes the benefit: to the great griefe and diſcouragement of all Merchants, owners, and Maſters of ſhips trading thoſe Northerne coaſts.

The conſideration hereof, in all humilitie, we ſubmit, to the mature wiſedome and cenſure of this moſt honorable Court.