The Answer of the Masters of the Trinitie-house, to the special Objections of the Patentee, for the keeping of Winterton lights.  

Answer to the objection of neglect.  WHereas it is objected, that from the eighth of Elizabeth, we never set up light-houses at Winterton until this time: we answer, it is true. The reason is, that until now, there was never cause, neither in the ●●●gements of ourselves, nor of the Masters of shipping, trading that coast. About 2 or 3 miles from Winterton, 13 or 14 years since, we built 2 light-houses, and laid 2 booyes at a place called Castor: at which time we sounded all those channels, but found no cause why to set up, or lay out any sea-mark, either for day or night at Winterton. Some 10 years 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-mark at Winterton: so good was the channel there, that we thought it not needful; neither was it held necessary by others. Some 6 years since, or thereabouts, we sent six of the chiefest of our Corporation, with ketches or boats to sound all those channels upon that coast; and to erect, and lay out such and so many sea-marks, as to them should seem good: yet found no cause to set up any light-house at Winterton. But now some 4 years since▪ or thereabouts, in one Winter the sands altered, and the channel grew dangerous: and presently after, fell a wrack of 5 or 6 ships: yet not so much by the alteration of the channel, as by a great storm or tempest, that happened by night: which overruled the skill and cunning of the Pilots, to the loss of the foresaid ships: yet were not all the ships lost which were in this storm, and in the company of those lost ships: for the whole number of ships was 35 or 40, of which only five or six were lost.  

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

The charge of the Patentees structures.  Whereas it is averred and delivered, that the Patentee hath been at 25 or 30 hundred pounds upon 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 profess, not to understand it, neither do we think that the Patentee can give an account thereof.  

His yearly charge.  For the monthly or yearly charges of keeping the said lights; we answer: that it is about 11 or 12 pounds a month, which is 130 pounds, or thereabouts, a year.  

His yearly receipts.  Towards this his charge in erecting, and for his maintenance of these lights, 3 years or thereabouts he hath received the collection of 2 pence upon every cauldron of coals: which amounteth yearly to the sum of 14 or 15 hundred pounds; besides the collection of one penny upon the ton of all other ships trading that coast: 
40 pence for 6 pence.  which (being 40 pence upon every 20 cauldron) is near seven times so much as the voluntary contribution (of 6 pence upon every 20 cauldron) accepted by the Trinitie-house, for maintenance of their lights.  
Now it resteth to answer to the difference, between the Patentee, and the Masters of the Trinitie-house, in point of quality, and care, for well keeping of the said lights.  

The Patentees unfitness.  Of the Patentee, we will say but this: he is no seaman. In the nature of sea-marks, sands, channels, tides, etc. he neither doth, nor can possibly understand.  

Quality, fit to keep sea-marks.  For the Masters of the Trinitie-house, in point of quality, who can justly except against us? Are we not seamen, bred even from our childhood, in the knowledge of marine affairs: of navigable channels, sands, ebbing, flowing, and setting of tides: in the knowledge of setting out of sea-marks, whether for day or night? is not this knowledge within the compass of our element, and of ours only? 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 us in this element? it is proper to us, improper to all other.  

Care in keeping sea-marks  In point of care, may any be equal to us? we adventure our lives, our estates, yea all our means within the compass of these channels: our hopes in all depend upon the knowledge of channels, sands, and the well keeping of sea-marks. His Majesty reposeth the trust, the care and charge of his Navy royal (in point of conduction and pilotage) to us; we say, to us only: neither will his Ma: repose this trust in any other Corporation or Company in this kingdom. If all these weighty motives be not of force, to settle more care in us, then in any other, for the well keeping of sea-marks, let us suffer, and be hanged at the gates of the King's Court, for example to others.  

Authority for keeping sea-marks.  In point of authority, making for us: it is now 100 years, since we were made a Corporation: it is 55 years, since the Parliament made a law, to enable us, for the setting up, and laying out of all sea-marks: which accordingly we have done: and never questioned until now, and that by the Patentee. The examination whereof, by virtue of two several references from the King, came to full hearing, before the right honourable Lords, at the Council board; who, by two several orders (as by the said orders at large may appear) conferred, and confirmed the whole, and sole keeping of all sea-marks, upon our Corporation. After this, the Patentee got a third reference to Sir Henry Yeluerton, than Attorney general: he takes into his consideration, the legal point only, (not meddling with the point of convenience) and finding the want of a negative in the statute, certified that the Patentee, by allowance from the King, might do it, as well as we. Whereupon he obtained his Majesty's grant, and enjoys the benefit: to the great grief and discouragement of all Merchants, owners, and Masters of ships trading those Northern coasts.  
The consideration hereof, in all humility, we submit, to the mature wisdom and censure of this most honourable Court.