To the Right Honourable Iohn LORD Churchill, Baron Churchill of Sandridge, Viscount Churchill of Aymouth in the Kingdom of Scotland, Earl of Marlborough, and one of their Majesties most Honourable Privy Council.
IT hath been observed by several of our late ingenious
Writers, that an eminent
Venetian Embassador, after a long residence in
England, sayling homeward, did cast his Eye back on this Land, and said in his own language, O
[Page ii]
Isola felicissima, &c.
The happiest Countrey on the face of the Earth, did it not want publick Spirits among them: Nor do I think that the
pudet haec opprobria nobis, &c. was in any Age so justly applicable to
England on this account as in the present one, wherein Men generally depraved by a
selfish inhospitable temper, do like the
Hedge hog, wrap themselves up in their own warm
Down, and shew forth nothing but
Bristles to the rest of the World, and cry out
[...]! when they have found a Stone to throw at an
Inventor of any thing beneficial to Mankind, instead of giving a tender helping Hand to the
Inventions themselves, and which might with Iustiee be expected, since few or none come into the World with all the perfection they are capable of.
But,
My LORD, thô this
Invention of
Mill'd-Lead (how much or little soever I contributed to its first
Conception, it matters not, I being at its
Birth concerned in a greater share and Interest therein, and the Transactions relating thereto, than any one else, although
[...] willingly then admitted the use of other
[Page iii] Names more considerable to give Countenance and Credit to the Work, and to avoid Envy) hath been accompanyed with tho fate of all Inventions, namely, a
peevish
[...]ndeavour of some
narrow-soul'd Men to
run it down, yet according to the saying,
Unus dum tibi propitius est Jupiter, tu hosce mi
[...]utos Deos, flocci feceris: Your Lordship with your great Heroical
Genius, and your incomparable penetrating Vnderstanding, having surveyed all the circumstances relating to this
Invention, and the past Transactions about it, and your having afterward been pleased to patronize the Inventors and Invention, I can easily be unconcerned at the Censures of smaller People who are concerned against it.
My LORD, I have been long since taught by a great
Philosopher of the Age, that
When Reason is against Men, they will be against Reason, and have sufficiently observed, that the way that most Men take to be cryed up for
Masters of Reason, is to make Reas
[...]n
serve them, that is, to serve their
[...]urn.
[Page iv]I am not now to learn, that whoever attempts the settlement of any Question, which would be the unsettlement of any mens
Interest, may be suspected to have either an unsettled Fortune, and that like a New
[...]comer to the Coast of such a Question, he comes to settle himself thereby, or to have an unsettled Head, and to be one who knows not that against any thing by which Men get their living they would not own to believe any that came from the dead. Thô the Proofs for any thing are as clear as the
Meridian light, yet where Men are
Antipodes to each other in Interest, at the same time 'tis
Noon-day with the one, and
Midnight with the other.
And moreover,
Reason as it resembles Gold in being the most valued, so (as one saith) it doth too, in being the most
ductile thing in Nature.
We know how much
Mechanicks depend on the Rule of
Rectum est index
[...]ui & obliqui; and here it comes into my mind to entertain your Lordship with no unpleasant or vulgar Sp
[...]culation in Geometry, that
Maximus Angulus est recta linea, & minimus Angulus est
[Page v] recta linea, the greatest Angle and the least are both the same with a right line.
But if it were for the general profit or pleasure of Men to deny that there is any right or strait line, or that any Right Line can be made so much as for use, many would be found to deny it strenuously, and who perhaps either would argue, that there is not in Nature any right Line, and that all Lines are Artificially made by the ducture of some point, or the meeting of two superficies, making the edge of any thing, or the Contact of a
Cylinder with a
Plain, and that neither of these wayes can produce a right Line, because there is no true strait
Superficies, but what has inequality or hollowness in it, and that consequently the motion of any Point upon any uneven
Superficies, or the mutual concurrence of two uneven
Superficies can never produce an even or right Line, or who else would, if not cut off, yet jogg the Hands of those they found making right Lines, or if they found any made, would either oblitterate them, or apply
Microscopes to them, whereby
[Page vi] some inequality or raggedness in them would be discovered, or they would pervert Witnesses to swear, or Iudges to decree, that they were not Right Lines, or perhaps they would turn the making of Right Lines into
Ridicule, according to the Humour of this Age, or according to the humour of an old
barbarous former one, maliciously call it the
Black Art.
We know that according to the
Sea-phrase one
Ship is said to
wrong another, that excels it in swiftness of sailing: And thus the
Shipwrights and
Plumbers may if they please think the Mill'd-Lead Invention hath
wrong'd them in doing so much right to Shipping and Navigation in particular.
Nor is it indeed possible for any New
Invention, how profitable soever to Mankind, to appear in the World, but that such new
Illumination must
stand in some Mens
light, and obstruct their
pratique in those Arts of life wherein they were expert. Thus there is no doubt but the
Invention of the
Sea-Compass was maligned by the old dull
Coasters, and that of
Printing by the
Hackney Writers,
[Page vii] and the excellent Notion of the
circulation of the Blood, by the old
Mump
[...]imus Doctors, who being sufficiently at ease by the Circulation of
Money and
Trade in the Realm▪ knew how to stuff their hollow Teeth with their Patient's Bread, without studying
Anatomy; the knowledge whereof hath been enriched by a full
third part at least within this last
Century, as the learned Dr.
Henshaw tells us, in his very ingenious Book called
A Register for the Air, printed
An. 1677. and wherein he hath published an excellent Invention of a
Domicil or
Air Chamber▪ and by means whereof in any part of our Native Soyl we may have the Air as pure as on the top of the
Pike of
Teneriffe, and made so pure as is not to be found on the face of the habitable Earth.
And thus no doubt but the Gold-smiths and Silver-smiths would think themselves injured by any who could revive the Art of making Glass
malleable, which one in
Tiberius's time had found out a way to do, and withall so yielding, and such as would rather bow than break; for he bringing a Glass
[Page viii] Vial to the Emperour to shew his Art, he threw the Vessel against the Stone-pavement, with which blow it was not broken but dented, and then taking his Hammer, be again beat out the dent: But he was secretly made away for his pains, as likewise several Inventors have been by the
Dullards who only had the Wit to do that, and the Assassinates have thought they might dispatch them as justly as Souldiers think they may deal so with those who come to beat up their Quarters.
Yet however the fate of some Inventors hath been to
fall at the feet of Envious
Plebeian Mechanicks, others of them have had that reward of their
diligence in all Ages and Countreys,
to stand before Kings; and the Vicegerents of the God of Nature have with peculiar respect treated such as
the King of Kings delighted to honour, by imparting the secrets of Nature to them.
And such respect hath been shewn to the Memory of useful
Inventors by the greatest Princes, that several
Historians have mentioned it, that
Charles the
5th. with a great
Parade of his Attendants,
[Page ix] went out of his way to see the
Tomb of
William Buckeld, who (as it was recorded in his
Epitaph) was the
Inventor of the
Dutch way of
Pickling of
Herrings, which is so beneficial to those
States, that may make it be said that
Amsterdam is founded upon
Herring bones: His Countrey-men it seems were so just to him, as to perpetuate the fame of the
Invention as well as the Name of the
Inventor by a grateful Inscription.
And thus too was the Memory of
Ludovicus a Culen, Professor of
Geometry at
Leyden, honoured by those
States, by their taking care that on his Tomb should be engraven
his Attempt to find out the proportion between a Diameter and a Circle, dividing the Circle into more parts than Sand would constitute the whole Earth, and yet an Uni
[...]e was too much, and a Null too little.
I am here minded of mentioning how the Tomb of
Peter Pet,
Esq the Master-builder of
England (and whose Ancestors for upwards of two hundred Years have been Master-builders and
[Page x] principal Officers of the
Navy Royal) records his being the
first Inventor of our
English Frigats, and of which the
Constant Warwick, built by him in the Year 1646. was the
first, and which sort of
Shipping is variously the most excellent and useful in the known World.
And it having been the fortune of all the
Master builders of that Family gradually to excel each other in their Art, I cannot here omit to take notice how Sir
Phineas Pett, the Son of that great Artist, having built fifteen
Capital Ships for the
Royal Navy, besides many more of the lesser
Rate, hath obliged his Countrey with a great deal of admirable
Invention in the Fabrick of the
Kings fisher, a
fourth Rate, built by him in the
Year 1675.
For whereas all Ships before, since the first use of Navigation, were built by
rising Lines, which made not so regular a Figure in the Water, he built that by
Horizontal ones, and so contrived the
Port holes therein, that most of her
Guns might point to one
Center, and thereby cause such breaches in the sides of the Ship she fought with, that could
[Page xi] not be stopp'd with
Pluggs, and that brought her safe off from her being taken by seven
Algerine Men of War, according to the
Relation of it in the
Gazets I have been informed of, and which could not have happened but by her
Guns so
pointing, making such great breaches in their sides as forced them to draw off. And so much hath the New
Invention of the building her by such Lines, contributed to the excellency of her sayling, that I have read it in a
relation of the
Engagement between
her and the
Golden Rose of
Algiers, so much
famed for her
sailing, printed in
London in the Year 1681. that the
Kings-fisher much
out sail'd that Ship, and having taken her, found so much Water in her
Hold, occasioned by the great breaches in her sides, which made her to sink down within an hour after her Capture.
What the great
effects of such an
Invention may hereafter be throughout the Maritime World, I know not,
Capital Ships being now liable to be
sunk by
Bullets which before they were not, by reason of the multitude of
Pluggs and
Hands
[Page xii] to apply them, always in readiness, unless a Shot had lighted in the Powder-room, as was supposed to have happened in Admiral
Opdam's Ship. But he having done so much impartial Iustice to the
Invention of the
Mill'd-Lead-Sheathing, I am very well contented that it comes in my way here to retaliate to him by the just mention of the matters of fact whereby he hath obliged this Age and succeeding ones, to account him a Benefactor to his Countrey.
And,
my Lord, I do think my self the more obliged out of my love to my Native Countrey, to present your Lordship with this glancing View of these two great
Inventions, because they are very likely in a short time to come among
Panciroll's
Res deperditae, without care taken to prevent it; for King
Charles the
second, who had very great Skill in the Mystery of the
Shipwrights Calling, hath been heard to observe it,
that the Fabricks of our English
Ships did for several Years more and more degenerate from the Friga
[...] way in wh
[...]ch the Constant Warwick
was built, to the way of our sluggish old built
[Page xiii] Ships, and not at all adapted for swiftness of Sailing, and insomuch that the Constant Warwick
it self being after the Death of the Inventor repaired by another Artist, was in its repairing spoiled of the excellency of its sailing.
Nor have I heard of any other Ship built by the
Kings-fisher's Lines, except the
Katherine Yatcht. And therefore it is of great importance to the Nation that the Draughts of those three Vessels particularly should be transmitted with great Care to Posterity.
I must not here forget to mention, that among the many
Capital Ships built by Sir
Phinehas Pett, the
BRITANNIA is by the
concordant Voice of all the curious Iudges of Naval Architecture allowed to be the best Ship in the World, and far exceeding in excellency of Building and Strength the great
first Rate of
France, call'd the
St. Lewis, on the which is engraven this proud
Inscription, Je
[...]uis L'unique de l' Onde, & mon Roy du Monde. An admirable
Draught or
Sculpture of this Ship
BRITANNIA, in four large
sheets of
Dutch
[...]aper, will sh
[...]rtly be published, with more modest
[Page xiv] but just Encomiastick Verses in
Latine, English, French and
Dutch under it, which I thinking fit to Copy out on my sight of the Draught, shall here entertain your Lordship with those of them that are in
Latine and
English, Viz.
Ad Navem Britanniam.
Nomine digna tuo Navis, cui vela Britanii,
Imperii titulo jure superba tument;
Quid Tormenta vehis? Patrium pro fulmine Nomen,
Fluctibus & terris quo modereris habes.
Tum Caesar tibi Numen adest dextraque refulgent,
Majora Aequorei Sceptra Tridente Dei.
Quod Natura potest, potuitve Ars praestitit in Te.
Ingenio Artificis, Robora tuto tuo es.
To the Ship Britannia.
Hail mighty Ship: None hath so just a claim
To swell her Sails with great
Britannia's Name.
Thou need'st no Guns, that Name o're Sea and Land
Thunders aloud, and gives thee full Command.
Thy Prince's Hand a Triple Scepter wields,
To which great
Neptune's Trident homage yields.
The Builder's Skill equals thy strength; in thee
What Nature could, what Art can do, we see.
I have the rather thought fit to mention the just celebration of this Ship, because some impudent Scriblers of the
Coffee-House News-Letters presumed last Summer to scandalize her, as if she were
rotten, and
[Page xvi]
disabled for Sea-service, whereas in truth she was then only put into the
Dock for such necessary. Repairs as most of the thirty Capital Ships required, which were built pursuant to the Order of Parliament, but from thence she will be lanched out perfectly good, and as strong as
[...]ver.
It was a
proverbial saying among the
[...]mans, Moenia Sancta: And the
profane Vulgar, who write their despicable Lyes for Bread, ought not to be suffered to pollute the
Walls of our Nation with their vile Pens; and such
Epistolae obscurorum Virorum should meddle, with the
Gally-
[...]oists of my Lord
Mayor's Show, and not
first Rate Ships: And I believe had any such
pauvres Diables in
France so belyed the Sh
[...]p
St. Lewis, they would have been Pillory'd, or Keel-hauled under her.
Our excellent Statesman Sir
William Temple (who truly deserves the Name of a
publick spirited Man, for the excellent Writings he hath published) in his
Su
[...]vey of the Constitutions and In-Interests of the Empire and other Countries, with their relation to his Majesty
[Page xvii] in the Year 1671. mentions
the strength of our Shipping, as having for many Ages past (and still for ought we know) made us an over-match for the strongest of our Neighbours at Sea; and speaks of
the Dutch
having been awed by the strength of our Oak, and the Art of our Shipwrights, &c. It is therefore not without reason, that the
Charter of the Corporation of our
Shipwrights hath obliged them not to communicate their
Art to any Forreign
Prince or
State. But yet when I consider that whereas the Contracts of the Navy-Board for building of Ships did 'till within these few Years past oblige the Builders to build with good substantial
English Oaken Timber and Plank, and that such not being now to be had, that word [
English] is left out, and liberty given to build with forreign; and further consider, that application was made to the
Ministers of King
Charles the
second by the
Cnrporation of
Shipwrights, shortly after his
Restoration, with their
Proposals in
Writing for the
preservation and
encrease of
Oaken Timber (and
Copies of which I have seen
[Page xviii] under the Hand of Sir
Phinehas Pett, and
many others of the most
eminent of that
Corporation, and that those
Proposals being referred to the then
Attorney General, he referring their Consideration to the
Navy-Board, Sir
William Coventry, Mr.
Pepys, Sir
William Batten, and the rest of the
Commissioners of the
Navy, did with great Iudgment
Report in
Writing how and where a sufficient number of
Oaken Trees might be
planted in his Majesty's
Forrests, and that the judicious
Report from that
Board carryed with it
self-evidence of the
practicableness of th
[...] thing with ease, and that had not so
great a
Proposition then evaporated, but on the contrary have been vigorously pursued, the
Oaken Timber sufficient for the use of the
Navy Royal had now been in a forward way to its sufficient growth: For it having been known that
Acorns sown, have in the space of
thirty Years born a
Stemme of a Foot
diameter, 'tis obvious how soon they will bear a
stemme of a foot and a half
diameter, and that such
Timber so of a
foot and a
half, will be sufficiently serviceable in the building of Ships. I say, when I consider
[Page xix] these things, and fear how few else consider them here, and how many observe and consider them abroad, I think there is too much occasion to bewail our Soils not being fertile with men of publick Spirits.
Whether we shall at this rate come to build with
English Oak again before
Plato's great
Year, I know not: But,
my Lord, this that I have said doth speak, (or as I may say) cry it aloud to us, that while we have the
Mill'd
[...]Lead Sheathing for Ships, without fear of losing it, that he will scarce deserve to be thought a
Patriot, who at this time of day, when the Crown hath so little Timber in its
Forrests serviceable for Shipping, and hath Lead of our own for Sheathing, would have it unnecessarily send a great deal of Money for
Eastland
[...]irr for that purpose, of which the arrival here will be so uncertain, and indeed hazardous in time of War.
My Lord, I intend not to entertain your Lordship with Rhetorical flourishes and
Harangues of the usefulness of the
Invention of the
Mill'd-Lead Sheathing: It is of
Age in the World to
speak for it self, and it hath had the Honour not only
[Page xx] to have great
unbyass'd Artists for its
Encomiasts, but a great
Prince, who had a
profound Iudgment in the
Shipwrights Mystery, I mean King
Charles the second: For as soon as Sir
Francis Watson had acquainted him with the
Invention of Milling Lead for
Sheathing, his Majesty was very impatient 'till he had made experiment thereof, whereupon Lead was prepared by a small Engine, wherewith the
Phoenix, a
fourth Rate was sheathed by Sir
Anthony Dean at
Portsmouth, which he saw done with care, the
Bolt-heads, &c. being fairly parcelled, as they ought to be in any sheathing; and after divers
Voyages to the
Straits, Guinea, and the
West Indies, she had her sheathing strip'd at seven Years end to repair the
Plank, but not for any defect in the
Sheathing it self. Nor could those of the
Navy-Board, when at their attendance on the
Council with their Complaints of
Eight Ships in
Twenty, make the least
Objection (though they were fairly challenged to it) against the
Rudder-Irons, Bolts, or other
Iron work of the
Phoenix; the which made that judicious Peer, the then
[Page xxi]
Earl of
Hallifax declare, That if of
twenty Ships they complained of
Nineteen, and had nothing to say against the
twentieth, he must conclude it to be the Workmens fault, for if they had done the other
nineteen as that
twentieth Ship was done, they must have proved all as well as she: The
King also at the same time, when they objecting that the
Merchants did not use it, which they would do if it was so good a sheathing as was pretended, replyed,
That the Shipwrights (whose best Friend the Worm was) wanted not Skill to discourage them; yet that their decrying it must soon be discerned to proceed from their interest. And indeed it is obvious how the
Shipwrights do influence the
Merchants and
Owners in the
Sheathing and other
Repairs of Ships, by their being generally
Part-Owners in all the new Ships they build.
Nor is it to be wondred at that the
King from the beginning gave all the encouragement he could to this
Invention; for when he considered of the thing upon Sir
Francis Wat
[...]on's first laying it before him, his Majesty pressed him to make effectual
[Page xxii] Preparation for the Work, saying,
It would save him at least 40000 l.
a Year in his Navy, the which was not improbable, if it had met with that due encouragement, use and application for
Sheathing, Scuppers, Bread rooms, and all other purposes it was capable of, with regard had to the charge and damage that a Wood-sheathing brings to the Plank by the great
Nail-holes, which they use to
spile up at
stripping, and other inconveniences that attend Wood-sheathing.
And here it occurrs to my thoughts, that his
Majesty being occasionally in
Dep
[...]ford yard, as the
Workmen were bringing on an ordinary
Straits-sheathing with Wood upon one of his small Ships, he asked them
why they did not sheath her with Mill'd-Lead, and answer was made,
she was a weak Ship, and required strengthning. The
King thereupon replyed,
they had as good have sheathed her with Sar
[...]enet, as such a sheathing to strengthen her, and saying,
Lord have Mercy on the Men who depend on that sheathing, if the Ship be not strong enough her self without it.
[Page xxiii]One would think now,
my Lord, that after so
great a
King, so judicious in all Naval
Mechanicks had approved the great usefulness of this
Invention, and after all his eminent
Master-builders (and who were the only Shiprights
disinterested from opposing it, in regard their subsistence depended only on their Salaries from the Crown) had done so too, it should be some potent and weighty Objection that should be a
Remora to
[...]s
progress. But according to the idle conceit of the Fish
Remora, which mens so
[...]tishness hath made a
vulgar one, namely that it can stop the
motion of a Ship under
sail, (and some vain
Authors have essayed in print to give reasons for such energy of that Fish; and other
Authors have attributed the cause of that Fish's power to that mighty nothing of
occult qualities, whereas the true cause of that
vulgar Error was what an old famous
Naturalist said of that
[...] Fish,
Flent venti, saeviant procellae, semper Navem immobiliter tenet; which implies no more, but that notwithstanding
[...]ny violent
Tempests, it always did stick to the Ship immoveably) a
superstitious
[Page xxiv] vain
imagination of an
impossibility, namely, of the
Mill'd Lead corroding the
Iron-work, through some
occult quality, hath been made use of as the
Remora that hath hindred the progress of this
Invention, when it was so fairly under sail, and had made so good a
Voyage for the
Crown, as to bring it above
Cent. per Cent. profit, besides the great advantage in sailing.
But it is no matter of
Raillery, to observe that many excellent and most useful
Inventions have been
run down in the World by
superstitious Fancies and Imaginations, and fortifying impossibilities with
occult qualities; insomuch that our late
Act for
burying in
Flannel, that was of such benefit to the publick, was once in danger of being run down by an idle Notion of an impossibility that intoxicated the beliefs of the
Mob, namely, that the Air was likely to receive putrefaction by Flannels making the Dead to sweat; and as reasonably may the
populace here imagine, that the
New-River-Water conveyed to dress their
Meat through
Pipes of
Lead, will corrode their entrails, if Lead hath
[Page xxv] such an
occult quality to
corrode Iron: And as well may we be afraid to take the
Venice Treacle, because of its being long kept in boxes of
Lead.
But your
Lordships Iudgment is so excellent, that it cannot be imposed on by a
Non Causa pro Causa, or any other
fallacy; and that I might totally avoid the least suspicion of one who would impose either on your
Lordship, or on any of Mankind, while under the shelter of your Lordships Name I write to the World, I have here fairly and candidly set forth the Matters of Fact in the Transactions the Settlement of this Invention hath occasioned on the Stage of the World.
My Lord, I know it is fit for your Lordships entire satisfaction, and that of others, that I should mention what ensued upon the Company's
Reply to the
Navy-Board before the Lords
Commissioners of the
Admiralty. In short, one of those Lords, who was likewise a Member of the
Privy Council, was by that Admiralty-Board desired to carry both that Report and Reply to the Council-Board: And upon reading the
Report,
[Page xxvi] his Majesty in Council was pleas'd to referr the whole matter back again to those Commissioners of the
Admiralty; and whereupon the
Company addressed themselves by the
Memorial herewith also published, desiring that for the greater clearness of the matters complained of, that what the Navy-Board or the Company had further to say, might be laid down before them in Writing. It is fit I should here acquaint your Lordship that the Companys Reply was drawn by the excellent Pen of Mr.
Pepys, and whom the
Author of that most elaborate Book,
The happy future State of England, doth deservedly call
the great Treasurer of Naval and Maritime knowledge, and of the great variety of the Learning which we call Recondita Eruditio. And it is no reflection on the Integrity of those Gentlemen of the Navy-Board, who made the complaining
Report against this
Invention, when I shall say that Mr.
Pepys his
Character justly renders him
aequiponderous to them in Moral, and much superiour in Philosophical and Political Knowledge, and the universal Knowledge of the
Oeconomy of the Navy.
[Page xxvii] But before there was any further proceeding, his Majesty thought fit to
supersede that Commission for executing the
Office of the
Lord High Admiral: And the King then taking the
Admiralty into his own hands, and the
Company having thoughts to Petition his Majesty to hear the whole Matter himself, they were by some Persons newly put into the Navy-Board, (who had for several Years shewed their approbation of the
Mill'd-Lead Sheathing) advised to offer to that Board a New Proposal to sheath at a rate certain by the yard
[...]qu
[...]re, and with an intimation that the Navy-Board would take it more kindly, and that they were by this time satisfied that their former Complaint was by misinformation. This Advice was approved, and a new Proposal laid before the Board, the
20th. of
December, 1686. which was much approved by Mr.
Pepys, saying,
That he doubted not but they would comply with it; and declaring that on his part when it came into his way, he would promote it, as he had a full Conviction (to use his own words)
that it was a great Service to the King;
[Page xxviii] and whether for that there was no occasion for a good while to sheath any of the Kings Ships, or by reason of a great deal of peremptory business calling for the time of that Board, or by the Company's happening to be slack in their application, I know not; but it seems that after a years time that Board was pleased to referr to two of their own Members, Sir
Phinehas Pett and Sir
Anthony Dean (who had both of them been
Master-builders) the Consideration of the Company's new
Proposal. Nor could the Company wish for more equal Iudges of the
Mill'd-Lead Sheathing, than those two worthy Persons, who so well understood it, and had formerly done so much right to it upon all occasions, as judging it so much for the King's service: But the Kings service calling them from the Navy-Board to a long stay at
Chatham, to which place it stood not with the Company's convenience to repair, and there press them to make their Report; and a long Sickness seizing on Sir
Phinehas Pett at his return from
Chatham, and he being shortly after his recovery, employed in a Iourney about the King's service in some
[Page xxix] other of his Majesty's remote Yards; or what else being the true Cause thereof, as your Lordship may judge, so it is that the said Proposal, which is herewith also printed lies still before that Board without any further proceedings thereon ever since.
My Lord, I have now let your Lordship see how I have been
damnatus ad Metallum in the progress of this Invention: And considering the course of corrupt and degenerate humane Nature, no
Inventers can promise themselves a nobler fate, thô the scene of their Invention lay in a nobler mettal.
For as Sir William Petty
well observes in his Observations
on the Bills
of Mortality,
that if the art of making gold were known to one person, such single
adeptus could not, nay durst not enjoy it, but must be either a Prisoner to some Prince, and slave to some voluptuary, or else sculk obscurely up and down for his privacy and concealment.
And so churlish hath the generality of Men been to Inventers, whose discoveries have only
salved the
Phoenomena, that they have been unwilling to give
[Page xxx] those a good word who have taught the Age great things, yet such where the brightness of their knowledge would not have the operation of the Sun-beams, in putting out any mans Kitchin fire.
And this made the Great
Tycho Brahe, as to his famed
Discovery console himself, by appealing from the
judgment of the Age he lived in to that of
Posterity.
I shall here divert your Lordship, by entertaining you in his
Study which he had in an Island in
Denmark by the Munificence of his Patron King
Frederick, and where (removing the cover of the room) he could as he lay with his face upward in the Night time exercise his speculation with beholding the Stars. And there he had all the famous
Astronomers painted, and the following Verses were added, each to the
Picture to which they belonged.
Salvete Heroes, vetus O Timochare salve:
Aetheris ante alios ause subire polos.
[Page xxxi]Tu quoque demensus solis, lunaeque recursus,
Hipparche, & quotquot sydera Olympus habet.
Anriquos superare volens, Ptolomaee, labores,
Orbibus innumeris promptius astra locas.
Emendare aliquid satis Albategne studebas,
Sydera conatus posthabuere tuos.
Quod labor & Studium reliquis tibi contulit aurum,
Alphonse ut tantis annumerere Viris.
Curriculis tritis diffise Copernice terram
Invitam, astriferum flectere cogis iter.
In the best place
Tycho Brahe had set his own
Picture with the following Verses,
Quaesitis veterum & propriis Normae astra subegi,
Quanti id, Judicium posteritatis erit.
[Page xxxii]Your Lordship who knows so many things, can be no stranger to the fate of
Galilaeus, who after he had placed the
Earth among the
Heavens, found so much ingratitude on it as to be made a
Prisoner in it for so doing, by no meaner a Man than Pope
Urban the
8th. Gassendus tells us of this in his
Life of
Peiresk, and how
Peiresk wrote a Letter to him, to condole with him during his confinement, and employ'd his interest in a great
Cardinal to procure his enlargement. Pope
Urban, it seems, had wrote an idle Comment upon
Aristotle de Coelo, and
Galilaeus thought fit to confute him, giving him the Name of
Simplicius: But the
Pope got his Book condemned by the
Consistory as
heretical; ab arte suâ non recedens, thô very unnatural.
Thus dangerous a thing is it for a Man to over-oblige the World.
And here it comes in my way to observe how Dr.
Robert Wood, a person very famous for all Mathematical knowledge, lately trying to
salve the Credit of this
Age from being thought
barbarous on the account of
Easter-day being so ill fixt in our
Liturgy, hath not been
[Page xxxiii] by any
Author I have met with, except one, so much as quoted for his illuminating us.
The only Person who quotes him for it, is, the Author of The happy future State of
England, and he there in p. 241.
like a careful observer of the Age, hath these following passages, viz. The great Controversie about
Easter, that heretofore put all the World in a rattle, and almost shook it to pieces, what a toy is it self now reputed, insomuch that our latest Ascertainers here of the time of its celebration, seem'd not to think it
tanti to awake when they were about it; and thô onr lately having in our Almanacks two
Easters in one Year, easily awaken'd the Non-conformists to take notice of it, and to say, that therefore they could not give their unfeigned assent and consent to all and every thing contained in, and prescribed by the Book entituled
The Book of Common-Prayer, &c. And thô thereupon a Person of the Royal Society, very profoundly knowing in all the Mathematical Sciences, hath publish'd an infallible way of fixing
Easter for ever,
[Page xxxiv] (and that it may be no longer a fugitive from the rule of its practice, as it often is at present, nor dance away from it self, as I may say in allusion to the
vulgar Error of the Suns dancing on
Easter-day) and fixing it so as perhaps none else could have done, nor possibly himself any other way, yet hath this great right done to that great day, been by the generality of People not so much regarded as would
an Advice to a Painter, or such like Composure have been.
But however, the
Doctor having publish'd it but in a
quarter of a
Sheet of
loose Paper, and that may be likely to come among the
Res deperditae, I shall here record that his
Invention in his own words, that it may the better be transmitted to the
Judicium posteritatis, the present World being not only a kind of
Areopagus that sits in the dark, but is also asleep.
Novus Annus Luni-Solaris, sive Ratio Temporis Emendata:
Ita ut Mensis quilibet Initium sumat a Novi-lunio, intra unum plus minus Diem; & quilibet Annus, intra semimensem ab Equinoxio verno.
I. Incipiat
Calculus cum 10/20 Martii, 1680.
II. Distribuatur inde
Tempus in Periodos, continentes 38 Annos;
viz. 24
ordinarios, (Mensium duodecim) and 14
extraordinarios, mensium tredecim.
III. Anni cujuscunque,
communes & priores duodecim Menses
constent è Diebus, alternatim, 30, 29, &c.
Hoc est, primus
Mensis, è diebus 30; secundus, 29; tertius, 30, &c.
viz. Impar Luna pari, par
fiet in impare Mense.
IV. In Periodi cujuscunque Annis 2,
[Page xxxvi] 5, 7, 10, 13, 15, 18, 21, 24, 26, 29, 32, 34, 37, hoc est, in 14
extraordinariis Annis, intercaletur
Mensis decimus tertius, Dierum 31, 30, &c.
alternè etiam numerandorum: viz. in periodi Anno
secundo, Mensis 13
us intercalaris habeat 31 dies; Anno
quinto, 30 dies;
septimo, 31, &c.
V. Singulis (37 Periodis) 1406 Annis,
inserantur 14 Dies: Hoc est, 1 Dies singulis 100
[...]/7 Annis; vel potius, in 800 Annis, 1 Dies singulis 100 Annis; & in 606, 1 Dies singulis 101,
alternatim interponatur.
Quo facto, aequabitur Temporis Ratio in
Secula seculorum.
Mensura Mensis Medii Synodici & Communis secundum Astronomos, viz.
| |
|
d. |
h. |
I |
II |
III |
IIII |
| Hipparch. |
Ptolom. |
29 |
12 |
44 |
3 |
15 |
44 |
| Lansberg. |
Vendelin. |
29 |
12 |
44 |
3 |
12 |
| |
Kepler. |
29 |
12 |
44 |
3 |
10 |
50 |
| Copernic. |
Reinold. |
29 |
12 |
44 |
3 |
10 |
48 |
| Vieta. |
Clav. |
29 |
12 |
44 |
3 |
10 |
43 |
| |
R. W. |
29 |
12 |
44 |
3 |
10 |
27 |
| |
Dechales. |
29 |
12 |
44 |
3 |
10 |
9 |
| |
Ricciol. |
29 |
12 |
44 |
3 |
10 |
| |
Bulliald. |
29 |
12 |
44 |
3 |
9 |
37 |
| |
Tyc
[...]o. |
29 |
12 |
44 |
3 |
8 |
39 |
A rectified Account of TIME, by a New Luni-Solar Year;
So as the beginning of every Month shall be within about a Day of the New Moon; and of every Year, within half a Month of the Vernal Equinox.
I. LET the Account
begin with
March 10, 1680. From thence—
II. Let
Time be divided into
Periods, of 38 Years each;
viz. 24 ordinary Years, of
twelue Months; and 14
extraordinary, of
thirteen Months.
III.
In every Year,
let the twelve
first common Months
consist of Days 30, 29, &c. alternately; viz.
the first Month,
of 30 Days; the second,
of 29;
the third
of 30, &c.
that is, The od
Months, of even days; and the even
Months, of od days:
IV. But in the
Years 2, 5, 7, 10, 13,
[Page xxxviii] 15, 18, 21, 24, 26, 29, 32, 34, 37, of every Period,
viz. in the 14
extraordinary Years, let a 13
th
Month be intercalated, having Days 31, 30, &c,
alternately also:
viz. the intercalar 13
th Month of the
second Year of the Period, to have 31 days; of the 5
th
Year, 30 days; of the 7
th, 31,
&c.
V. Let 14
additional Days be inserted every (37 Periods) 1406 Years; that is, 1 Day every 100 Years and 3/7 of a year; or rather, 1 Day every 100 Years, for 800; and for 606, 1 Day every 101 Years, interchangeably.
The which being done, will adjust the Account of Time for ever.
The Author
in that Book mentions his having chosen in the conjuncture in which he writ, to build his Fabricks of Numbers and Calculations on the course soil of Popery and the Papal Usurpations, and that finding that Mens Fancies at that time relished no subject grateful but Popery, he made that the Vehicle of the Notions he meant as Phyfic to cure their Understandings:
And he there hits
a blot
in the Papal Teners
that was
[Page xxxix] never hit
before by any Protestant Writer, namely the rendring it to be one of those Ten
[...]ts, That it is lawful to burn a whole City,
in which the major part are Hereticks,
expecting such a Discovery
should be very welcome to the populace
in that Conjuncture.
His so much and so often celebrating the
Royal Society throughout his
Work, was too a stemming of the tide of
humour that prevailed with a great part of the Age, who knowing little either of the Old or New Philosophy, or real Learning and
Experimental Philosophy, value themselves on the
ridiculing and
crying down those who advance the same.
And having thus again referred to this book of the
Happy future State of England, and to which I do but common Iustice in representing it full of most useful Inventions and new
Discoveries in Politicks, must too refer to the common fate of Discoverers it hath met with, namely, in finding the World an unteachable
Animal. I do not account the Author's great
Notion in
p. 112. new, namely,
That the knowledge of the Numbers of the People is the substratum
of all Political Measures: For
[Page xl] that
Thesis those words of the
Captain of our Salvation have long since taught the World, namely,
What King going to make War against another King, siteth not down first and consulteth whether he be able with ten thousand to meet him that cometh against him with twenty thousand? or else while the other is yet a great way of, he sendeth an Embassage, and desireth Conditions of Peace?
But after so great a
Minister of State as
Myn Heer Van Beuninghen had (as
De Leti hath mention'd it in print) made the People of
England and
Wales to be but
two Millions: And after so illustrious a
Writer as Dr.
Isaac Vossius in his
Variarum Observationum liber, dedicated to King
Charles the
2d. had made the People in
England, Scotland and
Ireland, to be but
two Millions, (thô both of them probably had read the
Observations on the
Bills of
Mortality wherein excellent fine-spun
Notions had made the
People about six
Millions) his so largely instructing us out of
Records, (and against which there is no averment) and particularly out of the
Returns of all the
[Page xli]
Counties of
England and
Wales upon several late
Pole Acts; and out of the
Numbers of the
Conformists and
Nonconformists upon the
Bishops Survey made in the
Year 1676. that the
People of
England and
Wales are above
eight Millions (and indeed that we may probably conclude them to be about
ten Millions) may be said to be an happy New
Discovery for us in
Politicks, he being the
first who evinced it out of
Records, and wherein his
Benefactorship to his Countrey in the doing it at his own charge, might in the paying of
Fees to
Clerks and
Registers well be thought to surpass the charge of the impression of that voluminous Work; without reckoning in the great charge he must have been at in having accounts of various importations taken by Officers of the Custome-house out of their Books, as particularly in
p. 254.
The
Author gives well-grounded
Accounts of the Numbers of the People in
France, Spain, Flanders and
Holland: But if he had took the pains to calculate the
Numbers of the People in
China, Aethiopia, or
Tartaria, it had been as acceptable to many of our
continuando-talkers
[Page xlii] of
Politicks, and to some who would take it ill not to be
vogued for first-rate
Politicians, though they never spent a thought about reducing
Politicks ad firmam, by
Number, Weight and
Measure, as this
Author hath done.
I shall commend to your
Lordship a frequent Conversation with this
Book, as containing in it more variety of Political
Calculations than you will find in all
Printed Books in all Languages: And it is the rather worthy your serious perusal in this
Warlike conjuncture of time, because the
Author hath in so
nervous
[...] Manner given our
English World so many
New Directions about the
Modus of our being furnish'd with the
sinews of
War, and in
apportioning great
Taxes with great
equality, the want where
[...] is in effect the only
grievance in publick
Supplies. And this your Lordship wil
[...] find if you consult what he hath in
p. 192 and out of Sir
William Petty's
Verbu
[...] Sapienti, in Manuscript,
viz.
[Page xliii]If a Million of Money were to be raised in
England, there should be levyed on the
| |
M. lib. |
| Lands— |
216 viz. 1/30 of the Rent. |
| Cattel— |
54—1/600 |
| Personal Estate— |
60—1/600 |
| Housing— |
45
viz 12 d. a Chimney in
London, 10 d. without the Liberties, 6
d. in Cities and Towns, and 4
d. elsewhere. |
| People— |
625 at 2
s. 1 d. per Head, or rather a Poll of 6
d. and 19
d. Excise, which is not full 1/84 part of the mean expence. |
| |
M. lib. |
| Total a
Million— |
1000 |
There is half as much more paid now
[...]y the Land-tax alone than in the
Million distributed on the several
Fonds
[...]s above. And by the Rule of Sir
W. P's.
[Page xliv] Calculation of a Tax of
one Million, above six
Millions may be raised, and no Man feel it much, if equally laid▪ And thô it falls heaviest upon
Persons▪ yet according to it no Man will pay
[...] tenth of his yearly expence.
It is certainly now the Opus diei,
and a propos
what he had said before in tha
[...] Page,
viz. That he believed that the suture State of
Christendom will necessa
[...]rily prompt all Patriots instead of stu
[...]dying to make men unwilling to promote publick Supplies, to bend thei
[...] Brains in the way of Calculation t
[...] shew what the Kingdom is able to con
[...] tribute to its defence, and how to d
[...] it with equality.
Your Lordship will find this Book sol
[...] at the Shop of
William Rogers, Book
[...]seller, at the
Sun over against
St. Du
[...] stans Church in
Fleetstreet, as I find
[...] in an
Advertisement thereof in one
[...] the New
Almanacks for the Yea
[...] 1691.
I must
frankly own that I should no have repented of my expence in the purchase of this
Book, had there been
[...]
Calculation in it but that in
p. 188▪
[Page xlv] and 189. where the
Author Calculates the
number of the now
living here, who were born since the
Year in which our
Civil War ended, or were then
Children, viz. of such
Years as not to have
experienced or been sensible of the
Miseries and
Inconveniencies of the
War, and a
Calculation of what
Numbers of those who
lived in 1641. are now
dead, and what
proportion of those
now living who
lived in the time of the
War did
gain by the
War, and of the
number
[...]f
such in
Ireland and
Scotland. The
Au
[...]hor giveth a very
momentous reason
[...]or the
finding out those things by
Calcu
[...]tion, and the which might well seem
[...]mpossible to be perform'd. For that
[...]rinces and their
Ministers being ratio
[...]ally to be steer'd in their apprehensions
[...] the danger of Civil War by the great
[...]ule of
Dulce Bellum inexpertis, ought
[...]arefully to have their Eye on the
Num
[...]ers of such
inexperti in any long time
[...] Peace.
So little regard hath been had by our
[...]eat
Political Writers to Matters of
[...]alculations and
Accounts of the
Re
[...]enues of
Princes, that I have in the
[Page xlvi] great
Thuanus observ'd but
one passage relating to the same, and which by this
Author is
cited, p. 246. viz. as to the
Receipts and Expences of Lewis the
13th. for the
Year 1614. (and in
p. 250, out of his own Observation he makes the
Expences and
Receipts of the present
French King more than
quadrupled since, as to what they were in the
Year 1614.) and in the so much cry'd up Political Treatise call'd
Nouveaux Interests des Princes de l'Europe, and commended by the Author of
la Republique des Lettres, there is little or nothing of such Political
Calculations contained.
But tho at present in the many such
curious Calculations presented to the
Age by that Author of
the Happy future State of England, he doth as to the
Rabble of
Readers, Vinum raris praeministrare, whereas
Water would have served their turns as well, yet I believe its impression on Men of
refined thought and
sense will be such as to make the way of writing of
Politicks hereafter without
Calculations, grow as much out of
Fashion as the
garb of
Trunk-breeches.
My Lord, I have herewith for your
[Page xlvii] Lordships farther Entertainment thought fit to
publish Sir
William Petty's rough draught of
Naval Philosophy. The
filings of
Gold are precious, and a
Schytz or hasty Piece of Painting done by a great
Hand is of great Value. To have drawn so great an historical Picture of that
Philosophy, as he had the
Idea of in his Mind, would have took up his whole Life: And he therefore considering the little value the
Age hath for such Curiosities, thought it only worth his while to finish this Piece up at one sitting, and to shew Posterity what he could have done. But in this as it is, the
Judicious few will find many a
Coup de Maitre, and may instruct themselves thereby in some very considerable principles relating to
Naval and
Maritine knowledge.
My Lord, I know that
Providence hath so disposed of the course of your
Lordships Life, as to call you to
do things that are to be
written of, rather than to read things by others already
written. Your
Lordships great and successful
Courage and
Conduct, lately so
conspicuous to the
World in the taking of
Cork and
Kin
[...]ale, will employ the
Writers of
[Page xlviii] the
Annals of our
Nation, and adde a further
lustre to the Name of
Marlborough, which was so much
ennobled by your Lordships
Predecessor, that the great
Poets of the Age crown'd him with their just
Laurels, when they said,
‘
Marlborough who knew, and durst do more than all.’ There is one noble
Invention that was there
tributary to your
Lordships success, I mean that of
Guns: But as great and noble as this
Invention is, (and which was found out by a
German in the
Year 1378. and whereby the Lives of Men, if we reckon by
wholesale, are better preserved in the defence of Cities, and by the fate of Victory being sooner decided in Camps, that hinders Armies from so much butchering one another as formerly) it hath been by snarling
Writers of great Name maligned; and because by it some Men were killed by
retale, it hath been render'd
execrable and
diabolical; and that not only by
Polydore Virgil, but by
Cardan and
Melancton.
[Page xlix]Nor need it be told your Lordship how much this
Invention hath been improved since its first use. The manner of contriving and applying them hath not been less improved than the way of preserving light for the Passengers in our streets, since the finding out of
Lanthorns hath: The only
Author I know, who hath recorded the
Original of
Lanthorns is our learned Antiquary Mr.
Gregory, in his learned
Notes on
Ridley's
View, &c. He there tells us,
p. 286. That the Inventor of Lanthorns was our King Alured,
in whose dayes the Churches were of so poor and mean a structure, that when the Candles were set before the Relicks, they were often blown ou
[...] by the Wind which got in, not only per Ostia Ecclesiarum,
but per frequent
[...]s parietum rimulas;
insomuch that the ingenious Prince was put to the practice of his dexterity, and by occasion of this Lanternam ex lignis & bovinis cornibus pul
[...]herrime construere imperavit;
by an apt composure of thin Horns in Wood, he taught us the Mystery of making Lanthorns.
[Page l]But our
New invented
Glasses and
Lamps, that casting out so powerful and extensive, and withal so durable and chearful an Illumination, as to make Mens passing about their Affairs in the Night not only
tolerable but
pleasant, have much outdone the
Lanthorns invented by our
Monarch, in diebus illis.
Yet on the publishing of a Paper containing the various uses this Invention might be of to the Nation, and wherein it was mention'd
inter alia, that
these Lights might for the publick good be employed at the Light-houses, which give directions to Sea-faring People in dark and stormy Nights; and that these Lights being so clear and strong, and continued with so much certainty as might probably save many from Shipwrack, where the usual Coal-fires or Candles often fail, by either not giving sufficient Light, or by the uncertainty of these Lights, subject to so many acciden
[...]s as doth often occasion the great losses both of Men, Merchandize and Vessels: The Patentees of these New Lights being invited to discourse with those that have the Charge, and receive
[Page li] the profits of the Light-houses, they said, they thought they came to save their Candles, but since the Oyl necessary to maintain these Lights (though a Pint, which would cost about a Groat, they were told would serve one Lamp burning twelve hours) was dearer than Candles, they declined the use of these Lamps; whereupon the Patentees telling them, they thought the saving of Men
[...] Lives and Goods to be of more importance than the saving a few Candles, desisted from further application.
I might here too instance in the Invention of the Scarlet or
Bow-dye, the exportation whereof hath brought us in return so much Treasure, was put to it to make its way into the World through much opposition. And thus is, and was, and always will the
birth of every
New Art and Science be of difficult
parturition, and the
Inventors be enforced to cry,
Fer opem Lucina, I mean, to
crave aid and Patronage from such generous and
Heroical and publick spirited men as your Lordship.
[Page lii]
My Lord, about eighty Years agoe the
Invention of the
New-River-Water was much labour'd, and it was a kind of
partus Elephantinus, about ten Years in bringing to perfection by Sir
Hugh Middleton; but
Stow tells us of the great
danger, difficulty, detraction, scorn, envy and
malevolent interpositions it first encountered with.
And indeed it may be said, that after the
six days Work and
Adam's Fall the World was yet a kind of
Chaos as to the use and service of Man, till necessity and humane Industry set his Reason to work, and by degrees to invent and contrive how to apply and dispose the things he found therein best for his ease and service; and teeming
Nature goes still big with new
Inventions to improve the things we have, and is ready to bring them forth, whenever Philosophical and Industrious Men lend her their Midwivery: And for this purpose I am thinking, it was a noble and ingenious saying of
Seneca, Pusilla res mundus est, nisi in illo quod quaerat omnis mundus habeat, Senec. Nat. Qu.
l. 2. par. 3. i. e.
The World were a poor little thing, but for its affording ample matter
[Page liii] of research and enquiry to all succeeding Ages.
My Lord, there is another incomparable
Invention that was found out not many Years since, and which without some such Patriotly
Hero as your Lordship awakening the
Age about it, is likely to fill up the Number of
lost things; and it is the
New Engine that so much exceeds all formerly used for the eternal preservation of our
Royal Rivers, by
deepening them, and making them every where
Navigable, and taking away all
Obstructions and
Shelfs in a very short time. Sir
Martin Beckman, the
chief Engineer of England, and as I am informed the ingenious Sir
Christopher Wren, their Majesties Surveyor General, have given their approbation thereof; and as likewise did King
Charles the
second, who was highly pleas'd therewith, and declared after he had seen the working of the
Engine, which in his Majesty's presence took up about a Tun and an half in little more than a Minutes time, that he was perfectly satisfy'd it would answer the end proposed; and that by means of its working
horizontally, it
[Page liv] made no holes, but rather fill'd such as lay in the way of its working, and left the bottom of the River level as it wrought, whereby such inconveniencies would be avoided, as had happened from the common
Ballast-Lighters making such great
Holes in the River of
Thames, and in which several of the Kings as well as Merchants Ships coming to an Anchor, had broke their backs.
And his Majesty having been made acquainted that this
Engine being sent down below
Bridge to
Berking-shelfe, where is nothing but hard
Shingle, and that after half an hours breaking ground, it took up at 19 Foot deep, about two Tuns in a Minute and a half, during the whole time it wrought, he said thereupon,
That he thought there was no way practicable for the deepening the River of Thames,
and removing Shelfes therein, but by this Engine.
This
Engine was
invented by Mr.
Bayly, an excellent Engineer, and much cultivated and improved to its perfection by the great
Expence of Mr.
Joseph Cotinge.
King
Charles the
2d. so often going
[Page lv] down that
River in his Barges and
Yachts, took occasion thereby often to consider the State thereof, insomuch that upon a publick
Hearing in
Council, that the
Lord Mayor and
Aldermen had upon their Complaint against Patents that
straiten'd the
River, and licenced
Encroachments on it, he took occasion to speak it openly, that
the River was shallower before his Yard at Deptford
by three Foot since his Restauration, and that if it should be but a Foot shallower there, his Ships that did ride at Anchor there would be spoiled.
But I have heard Mr.
Shishe, the
Master-builder there, and likewise Sir
Phinehas Pett, who was formerly Master-builder there, and afterward at
Chatham, averr, that the
River is there very near
four Foot, if not altogether,
shallower than it was at that King's Restauration; insomuch that their Majesties Ships there (as likewise in the
River of
Medway at
Chatham) do
ground about
four Foot before they have
Water enough to
wind up with the
Tide of
flood, the which doth very much strain and wring them to their great prejudice, and that
if
[Page lvi] there be not a speedy course taken to remove some Encroachments, and prevent all future ones, and the farther stopping up those Rivers with sullage, those two Royal Rivers will be spoiled, and in a short time useless for Capital Ships riding therein, and the Crown be put to immense Charge in purchasing of ground for other Ship-yards, and in making of Docks and Store houses, and building new Dwelling-houses for the Officers of the Yards.
I remember, visiting my worthy Friend Mr.
Brisband, who was Secretary to the former
Lords Commissioners for the Admiralty, he entertain'd me with the fight of many
Papers in his
Office that related to the Applications that had been made by the
City of London to that
Board, for the preservation of the River of
Thames, and one of them was a Paper of the City's
Reasons against the
Patents for
Licensing Encroachments, and straitning that River, and which seem'd to me very
weighty, and drawn with such great care and pains, that what
Councellor soever drew them, I am sure he deserved a very large Fee from the
[Page lvii] City; and out of which I
noted down this Passage, namely,
That if that River were spoiled, the great Trade of England
would be transplanted, not to other Sea-port-Towns in England,
but to Forreign Parts. Those
Reasons mentioning
Patents of the
Soil to the low-water-mark on both sides the River, inferr,
That without speedy care taken, the River will be so straiten'd as to become thereby not only useless, but even hurtful to Shipping, by a violent and rapid course of the Tide that will then necessarily ensue: And the City therein Complains of a
Lease made of a great part of the
Soil of the
River, and that
the right of the disposal of the Shoar of the River, or the Conservatorship thereof, may by survivorship accrue to a Colour-man in the Strand.
Mr.
Brisband informed me, that those
Commissioners of the
Admiralty as well as the
Lord Mayor had taken a great deal of pains in the preserving of the
River, and that it was
incumbent on
both their
Offices so to do; for which purpose he shew'd me a most
judicious and learned
Report made by the
Judge of the
Admiralty,
[Page lviii] wherein it was said, That
the Admiral is by his Office and Patent not only Custos Maritimarum partium,
but Custos portuum & Conservator Fluminum infra fluxum & refluuum maris;
and that he is by his Patent empowered to make Sub-conservators, and hath by the Statute of primo Elizabethae
a concurrency with the Lord Mayor of London
in the Conservatorship of the River of Thames,
and that the Shoar of the River is a part of the River, and ought not to be held by private Persons, as of their own right, but by those Conservators in trust for the Government.
And
in fine, that
Secretary acquainted me, that there was to be a
Survey of the
River and the
Encroachments on it, to be made by
Trinity-house and
Navy-Board, with the assistance of
Captain Collins
the King's Hydrographer: And I have since seen a
Copy of that
Survey made accordingly, and great pains was therein taken. The great pleasure I have taken in going down that River in Boats and Barges, made me always wish well to the State of it; but the sight
[Page lix] of the Papers before mention'd, inclined me to account it a
Patriotly thing to promote its preservation by all the means I could, and gave me occasion to reflect on the great
Wisdom and Care of the
Publick that appear'd in our
Ancestors, when they made the
Admiral and
Lord Mayor the
Conservators of it; after the example of the old
Romans, as
Gryphiander in his learned Book
de Insulis, p. 430. quotes several places out of the
Civil Law, to shew, that they appointed their
Hydrophylacas, or
Conservators of their great
Rivers, and deliverers of them from being choaked up with
Annoyances and
Shelfes; and he there
p. 441. cites
A. Gellius for the
ratio retandi flumina, id est, purgandi à Virgultis, arboribusque in alveo Natis, ne impedimento sint navibus, practised by them: And he saith, that
simili verbo returandi usus est Nonius quod est obturando contrarium, Turneb.
l. 28. advers. 12. And then speaking of the
Engines they used to that end, he saith,
In quem usum Instrumenta hydrautica deducendis, hauriendisque aquis inventa sunt, de quibus Vitruvius, l. 10.
quem explicat
[Page lx] Turnebus, l. 2. advers. 22.
Gothof. in l. 4. c
de Excus. Mun. l. 10.
Dalacamp. ad Plin. l. 7. c. 37.
Those
Engines are long since gone among
lost things: Nor do I think we need wish any other
Engine for the purging the River of
Thames from Obstructions, than this I have referred to: And according to the common Observation of
Providence taking care to send both new Diseases and Remedies into the World in the same Conjuncture, and often from the same place, (as for example the
Lues Venerea and
Guacum, and
Sassafras from the
West Indies) it was worthy of its care for
England, that at this time, when this our
River, on which depends the
Fate of our
Nation is labouring under the most
critical state it ever kn
[...]w, and is ready to be destroy'd, to offer us such an
Engine for its being restored to such a good Condition of being Navigable, as its
Conservators can wish.
My Lord, There is one thing that hath caused most horrible ill effects to this
River, and which I have met with no Man who hath observ'd, and therefore
[Page lxi] it is fit it should be known; and that is the
Fire of
London: For every
five Yards of
Pavement a load of
Gravel is used, and a great part of this
Gravel lyes so loose, that by the force of the Rain it is frequently driven into the
Sewers and the
Thames: And every
Pavement raiseth the
Street paved
two Inches at least; but the
burn'd part of
London is at a
Medium four
Foot higher: And so I account that by the
Fire and
Rebuilding of
London, more
Gravel and
Soyl hath gone into the
Thames than perhaps will again in the next three hundred Years.
Some who are interested in this
Engine, have said, that by it the
Bar of
Dublin might be taken away; but I have heard that that is a
rocky Barr; and if so, such effect of the
Engine is not to be expected: But that such
Shelfes arising in our River from the
Gravel and
Sullage that are wash'd into it, may with ease be removed by it, is not to be doubted.
This
River glides along with a much more clear and gentle stream than the River of
Severn; and the Cause of the
[Page lxii]
clearness of its Water, is its running in a Gravelly Valley, and over a clear Ground: And the great
winding of the River, which locks in the Water that it cannot make that haste down to the Sea that it would, and the low-lying of the
Head-springs of it, from whence there is but an easie descent to the Sea, are the two chief Causes of the gentleness of its Current: It may be here remark'd, that this easie descent of the Waters to the Sea-ward, is another reason why the
Tide flows up so high into the heart of this River; for the more steep the River is, the less able is the Tide to force its way up into it. Swift Rivers have always their Heads lying high, or their Course direct, or both.
Since I have been (as I may say) a
Student of this
River, I have took occasion to pitty those who look on the strange
shifting of
Tides in this
River as a great
Prodigy, because happening seldom: But I think the Cause of the
shifting of the
Tides, is only the over-bearing of their Course, when they are at their slackest, by a
Northwest Wind, which is the most powerful adversary they can have on our
[Page lxiii] Coasts: For if a slow
Ebb be encounter'd full in the teeth with a hard Storm, what can follow but a return of the Tide back again? And if the
Northwest Wind either abate its fierceness, or shift into some other quarters, as the
South-west or
North-east for some short time, and then either return to its former place, or resume its former force, and do this once, twice, and again (which we know is not inconsistent with the Nature and Custom of the Wind off at Sea, thô at Land its wanderings are not altogether so sensible) we may easily believe (seeing so plain a reason for it) that there will be a playing of the Tide too and fro, and several Floods and Ebbs succeeding one another in a few hours space. My Sentiments in this place are those of the
Author of
Britannia Baconica. It was the Praediction of
Campanella, that
Venice should at last be destroy'd by
Oblimation, that is, by the
Sullage of its Waters that should spoil their being Navigable. And
Gryphiander in his Book before mention'd, hath a great deal of
curious Learning, to shew what famous
Rivers in the World had been
destroy'd by
[Page lxiv] Obstructions: He in
p. 448. cites
Ovid for his—
Vidi factas ex aequore
[...]erras. He in
p. 177. making the three
constituent Parts of a River to be
Water, the
Banks and
Channel, considers the
Mutations incident to them all, and in
p. 460. saith,
Ravenna Italiae urbs ab Augusto Caesare portu manufacto aucta, nunc pro flumine spaciosissimos hortos ostendit, malis plena, sed de quibus non pendeant vela sed poma. Ita Patavij, Aquileiae, & alibi latissima nunc jugera sunt, ubi olim classium stationes fuerunt, &c.
Leowerdia, Bosswerdia, aliaeque Frisiae urbes olim maritimae, nunc integro milliari a Mari recesserunt: And then speaks of other excellent
Harbours there destroy'd by
Oblimation or Sullage. And in
p. 177. he hath a great deal of excellent Learning much to this purpose, and saith,
Quod si perpetua sit fluminum mutatio, viderur ipse Deus imperij & provinciae terminos mutaros velle, qui ob hanc cau
[...]am Moabitis minatur, fluvium ipsorum Nimrim exsiccatum iri, Ierem. 48. v. 34. Psal. 107. v. 33.
Atque hoc experientia confirmat. De qu
[...]
Lucian
[Page lxv] in
Charon. Atque urbes tanquam homines, & quod magis est admirabile, etiam universi Fluvii evanescunt. Inachi enim nullum Argis extat vestigium. Seneca
in Hercul. Oetheo.
Mutetur Orbis, vallibus currat Novis
Ister, novasque Tanais accipiat vias.
Inde factum cum ex fluminum insolitis mutationibus praesagia sumerentur de mutationibus imperiorum, ut flumina ipsa ab Ethnicis pro diis colerentur.
v. Natal. Comit. lib. 1. Mythol. 11. Ita Nilus in Aegypto pro Deo cultus. De cujus presagiis,
Seneca l. 4. Nat. quest. 2.
And there afterward speaks of the changes
of the Channel
in the Rhine.
He
doth often inculcate
that Notion,
That the administration
of the Banks
of Rivers
is a part of the Regalia;
and he in p. 436.
quotes a great Writer
of the Regalia,
to shew that the Work of the Inspection
and Conservacy
of them is among the Regalia: Sicuti etiam jus retardandi fl
[...]mina, ripas muniendi, alveumque purgandi:
And there saith, Hinc semper potestas statuendi de aggeribus ad
[...]uperiores pertinuit. Ita Romae remedium
[Page lxvi] coercendo Tyberi ex Senatus consulto Ate
[...]o Capitoni & L. Aruntio Mandatum,
Tacit. 1. Annal. & Constitutus est in eum usum certus Magistratus ab Augusto Caesare,
Sueton. cap. 37. Nempe curator Riparum, & alvei Tyberis ut inscriptiones veteres habent,
Lips. in Comment. ad Annal. Tacit. Tyberius etiam quinqueviros constituit,
Dio Cass. lib. 37. Quos titulos usurpare ne principes quidem puduit.
This great part of the
Regalia, namely, the
Conservation of all the
Royal Rivers of
England, hath been always by our Kings deposited in the hands of the
Lord High Admiral of England
and Ireland; and the trust thereof is both granted to our
Admirals in all their
Pattents, and is
inherent in their
Office; and in all the
Patents of the
Viceadmirals of the maritime
Countyes in both Realms, the
Viceadmirals are
expresly constituted
Conservators of all the
Royal Rivers and
Ports belonging to those Counties, as Mr.
Brisband inform'd me upon his having perused the draughts of many
Viceadmirals Patents; I thereupon asking him whether those Viceadmirals did put their
[Page lxvii] power of being
Conservators of the Royal
Rivers in execution; he told me that upon his having consulted some of the Offices and Officers in the high
Court of
Admiralty about this very thing, he could find no foot-steps of their having minded the Power of such Conservacy:
That he observ'd them diligent enough in that part of their Office that enabled them to receive several Admiralty Perquisites and Droits, of the which they were Collectors for the use of the Admiral, and to whom they often gave their accounts about the same; but that he never found in the Accounts of their Disbursments any thing inserted of a Penny charge they ever were at in the demolishing any Nusances, or removing any Shelfs in the Royal Rivers; and that the doing this being a thing of great charge, and they having no allowance of any Sallary to support their Office, this Work was never expected from them.
Thus then have Eneroachers took what liberty they pleas'd, to make Purprestures on the Royal Rivers in the Countrey, and to build Houses thereon as seem'd good in their own eyes; and it hath there been,
[Page lxviii] as
Gryphiander saith,
p. 522. In Corcyraeos propter impunitatem maleficiorum jocus est apud Eustat. in Dionys.
[...]. i. e.
Libera Corcyra, caca ubi velis.
But the Secretary
shewed me how that in the Finalis Concordia
of the 18th.
of February, 1632.
before the King
in Council,
between the Common-Law
Iudges and the Iudge of the Admiralty
concerning Prohibitions, one Article
agreed to, was, That the Admiral may enquire of and redress all Annoyances and Obstructions in all Navigable Rivers beneath the first Bridges, that are any impediments to Navigation, or Passage to or from the Sea,
&c. and no Prohibition to be granted in such Case:
And from the foremen
[...]ion'd Report
of the Judge
of the Admiralty
to the late Commissioners
of the Admiralty,
it is plain that the Lord high Admiral
in his high Court of Admiralty
here, under the eye of the Government, hath variously acted in the Conservacy
of the River
of Thames;
for thence I noted down what follows, viz. It can be made appear by Records in the Court of
[Page lxix] Admiralty, that Licenses have been given by the Lord Admiral for the enlargement of Wharfs, and that the said Court hath punish'd Persons for not keeping them in repair, and Orders have been made from time to time for the regular lying of Ships, by appointing how many shall ride a breast,
&c. and the Report
mentions, that one was treated with by Persons concern'd in a late Patent, that he might be permitted to take in some part of the Shoar to the Low water-mark,
and that another
had de Facto
agreed with them for the summe of 20 l. for taking in 80 Foot deep, and 100 Foot long of the Shoar.
I have been by my Council at Law inform'd, that he hath seen various late Patents for granting away the Soil
of the Shoar
to private
Persons, not only in Middlesex
and Surrey,
but in the Counties of Kent,
and Southampton,
and Norfolk;
and that he saw a Deed
under the Hand
and Seal
of the Colour-man befor
[...] named in the City's Reasons,
the which Deed
was dated the 22d.
of January,
in the second
Year of the late King James;
and in which he Covenants
[Page lxx]
with some Sea-faring People, inhabitants by the Thames-side
in Wapping,
that neither he nor his Heirs and Assigns will build any House or Wharf on the Soil between their Houses and Ground and the Low-water-mark;
which necessarily shews that he claim'd a Power of so doing if he would.
But at the
Admirals granting
Licenses for the
Enlargement of
Wharfs I do not wonder, tho' yet there is no doubt but that both the
Admiral and
Lord Mayor as
Conservators of the River of
Thames, have administred that branch of the
Regalia candidè & castè, and with great precaution, with reports after references to sworn
Surveyors, that the
River would not be damnify'd by such enlargement of Wharfs, causing any
Jettys to obstruct the course of the
Tide in carrying away the
Sullage; a thing that generally happens by the
Encroachments that private Persons have
presumed to make on the River.
And here I shall take occasion to observe, that it is not only possible in some Cases to take in some part of the River without prejudice to it, but it is also probable
[Page lxxi] that the taking in some places of the River would tend to the good of it. The general Rule is, that we may with safety to the River
gain upon the hollow shore, but not on the
Convex Shore, or where there are
Head-lands; for then it would
change the
Channel and turn the
stream into
Eddys; as for example, If the
Custome-House-Key should be carry'd further, which is already brought to the
Channel, it would be fatally mischievous.
It hath been by several skilful
Surveyors told me, that after the Fire of
London, they upon the digging the foundation of the present
Custome-house, found that it was all such as we call
made Earth, and had been gain'd out of the
Thames, and therefore it was (I account) with great Prudence, that the
Conservators of the
River consented, that 'till they came to
deep Water, it should be gain'd in for the better Convenience of Navigation, that Vessels might float at ebb as they now do at the Custome-house.
The same
Surveyors assured me that under
St. Magnus Church they after the Fire met with an old Campshot and
[Page lxxii] Wharfing, gain'd from the
Thames, and that at the same time they were inform'd that there were found Campshots much further from the
Thames in digging of Cellars; and whence it may be inferr'd probably, that all
Thames-street from
Queenhithe downward to the
Custome-house, was gain'd out of the
Thames.
I give no
hint of this, that any Projector may take occasion from hence to begg
Thames-street. God be thanked, the illegality of granting
Forfeitures before
Conviction is
now out of fashion. All
vexatious or
prolling Patents are now in the State of
damnati antequam Nati: And it must be acknowledged to the immortal praise of that true English-man, Sir
George Treby, the
Attorney General, that he finding their Majesties Names surreptitiously used in the Prosecution of such a
Patent, did that great Iustiee to the Honour of the Government, and to his own Character, as to cause a
Cesset Processus to be enter'd in the Case.
When I consider the many Patents, both illegal and
vexatious that passed in the Reign of King
Charles the
second,
[Page lxxiii] I call to mind that
Maxime, that
the King can do no wrong; that is, he can in no
Grant cum effectu, injure his People, but by some of his Ministers in the Law passing it, and who in so doing may be said,
Violare Sacramentum Domini Regis. I believe that that excellent
Prince did in his Nature wish well to the
Ease of his People as well as his own, while by the fault of some of his Ministers so many
Grants surreptitiously did pass of the
Same conceal'd Lands, and of
Purprestures, and of Lands
derelicted, &c. and when after
Composition paid by the
People to one Court-beggar, he sent another to their doors; and when the suffering Populace, whose pretended
Forfeitures were granted before
Conviction, were so often tempted to cry out,
Quem das
[...]inem Rex magne laborum.
It was in that Reign excellently well said by the Earl
of Shaftsbury,
in his Speech
in the Exchequer,
at Serjeant Thurland'
s being sworn a Baron
there, viz. Let me recommend to you, so to manage the King's Justice and Revenue, as the King may have most profit, and the Subject least Vexation:
[Page lxxiv] Raking for old Debts, the number of Informations, Projects upon concealments, I could not find in the eleven Years experience I have had in this Court, ever to advantage the Crown: But such Proceedings have for the most part deliver'd up the Kings good Subjects into the hands of the worst of Men.
And Sir William Petty
in a Manuscript
I have seen of his, of the Trade of
Ireland, for this purpose, taking Notice of the several Trades
by which People there subsist, speaks of many there driving the Trade of Projectors,
and of such who make use of the King'
s Name, and the Process
of the Exchequer,
about concealed Lands, to spunge Composition out of such as are willing to buy their Peace; and he having shew'd how much the King
is damnified by those Traders,
he saith very judiciously in the end, That this Trade doth not add any thing more to the Common-wealth than Gamesters, and even such of them as play with fal
[...]e Dice, do to the common stock of the whole Number.
It is here therefore but just to take notice of the
Prudence of the
Trinity-house, in that after they had on the
[Page lxxv] 18
th. of
August, in the 15th.
Year of that King's
Reign, pass
[...]d
Letters Patents, not only of the
Ballast of the
River of
Thames, but also of all the
Wast ground, Purprestures and Encroachments, and Soil to it belonging; they soon found that it would engage them in Controversies with the
City of
London, and
Seamen and
Sea-saring People, and therefore surrender'd it, and the
Surrender was
enroll'd in
Chancery the 9
th. of
December, in the 16th.
Year of that
King; and on the 24th. of
June, in the
following Year, they took out
Letters Patents for the
Ballast alone. But there were
Patents passed of the
same Encroachments
Prior to the
Patent of
Trinity-house as well as
after it; and it may be said, that on those
after it, the
Patentees came a
gleaning, not only after the
Reapers, but after the
Beggars, since whatever
Trinity-house receives, is only for the use of the
Poor: However, the
Trinity-house in taking out that
Patent for
Encroachments on the
Thames, was made use of afterward as an
Example or
President in
that Reign, for other
C
[...]urtiers Petitioning for a
Grant of the
Encroachments
[Page lxxvi] on the Rivers
Royal in the
Out
[...]ports through all
England; and the Petition referr'd found a favourable
Report from one of the King's Council at Law, but was
stopp'd on the
Letters from
all the Sea-port Towns in England to oppose it, as likely to be
troublesome and
vexatious to the
People, and of which
Letters I have seen the
Abstracts.
I thank God for his inclining me to▪ value that
habit of
[...]ind, namely, of not giving any man the least Offence to get the greatest profit to my self,
equal with my
Life; and as those
divine words of
Tully shew he did with his,
viz. Non enim mihi est vita mea utilior, quam animi mei talis affectio, neminem ut violem commodi mei gratiâ, lib. 3.
Offic. And were I commanded to write the History of the Reign of any Prince, and therein in proper Colours to delineate any of the Ministers at Law to him who violated the ease of his fellow Subjects, by the
illegal passing of
Grants of
Forfeitures before
Conviction, I should transmit his Character to Posterity, in the words of
Vir natus ad corruptissimum
[Page lxxvii] istius saeculi Genium: But the
Genius of the
Age is now for the making it self easie by its
spewing up such Patents: And the benefit the People find thereby, doth in a modest Computation outweigh all the Taxes they pay to the Government.
The Magistrates of our
Metropolis are now eased from the labour of going in their
Formalities, and with a
Parade of City-officers attending them to
Whitehall, to seek relief as formerly in the Reign of that Prince.
And I may for the Edification of the Citizens of our
Metropolis in Loyalty, fairly take occasion here to mind them, that when (as the Story is in
Howel's
Londinopolis, p. 19.) King
James the first, being displeas'd with the City of
London for their refusing to lend him Money, told the
Mayor and
Aldermen attending him, that he would remove his Court, and the
Tower Records, and Courts of
Westminster-Hall to some other remote place; and an
Alderman then ask'd him,
if he would remove the River of Thames? that if the
Alderman thought that an
impossibility, he was certainly
[Page lxxviii]
[...]ar gone in
Capon
[...]brot
[...].
For upon a discourse I had with a most sk
[...]lful
Surveyor, on the occasion of my
[...]elling h
[...]m that I thought whoever b
[...]rgain'd away that part of the Shoar that was before mention'd,
viz. 80 Foot
deep, and 100 Foot
long, for 20 l. sold
Robin Hood's Penny worths of it, his Measures agreeing with mine therein, and that many a Man would have given 500 l. for the same; I found on the Result of our Conference how the
Crown might
grant away but a
Moity of the River of
Thames, namely, the
Shore to the
Low-water-mark on both sides, (and which would in effect destroy the whole River as aforesaid) and gain the value of four Aldermens Estates by it.
For thus his Calculation
was, viz.
to sh
[...]w that whoever gave 500 l.
for it, would gain 200 l.
by the bargain. To go into the
Thames 100 Foot long below Bridge, will cost a Man 300
l. with the slighter sort of Wharfing. If he goes 80 Foot deep, he hath it fill'd for nothing with rubbish; so then he gives 500
l. and giveth 300
l. more for the charge of his Whar
[...]: And he may gain
[Page lxxix] 200
l. by the bargain by the ground
[...]rents, thus,
viz. He may build forward and backward on the Premises, and may compute the ground rent by 6 or 7
s. the front Houses
per Foot, and 2
s. 6
d. per Foot the back Houses; so then there being in a Mile above 5000 Foot, he will gain in one Mile 50 times 200, that is, 10000
l. and the like on the other side; and so proportionably for another Mile on both sides;
Quod erat demonstrandum.
There were by the appointment of King
Charles the
second two
Surveys made of the
River of
Thames, the one of the several
depths of the
River in its parts below Bridge, perform'd with great Care and Skill by that excellent Mathematical Person, Sir
Jonas Moor, and a
Copy of which I can direct the
Conservators of the
River where to obtain for an inconsiderable Charge.
The other was a
Survey of the
Encroachments I before referred to, perform'd by the
Navy-Board and
Trinity-house, with the
assistance of Captain
Collins, his Majesties
Hydrographer, and wherein I said great pains was taken;
[Page lxxx] and a
Copy whereof is herewith publish'd for the use of the
Conservators of the
River, and I can direct them to Captain
Collins his most accurate
Draught of the
River, and most necessary to be had by them: And he in my judgment deserves to be well rewarded with some acknowledgment by the City for the great
Pains taken, and
Skill by him shewn in that
Draught, tending to the preservation of their River: For he hath thereby laid an everlasting
Foundation for the easie and certain
Prevention of all
future Encroachments on the
Thames, and which may be this way, and I believe cannot possibly be effected by any other; namely, if the Lords
Commissioners for executing the
Office of the
Lord High Admiral shall appoint the
Marshal of the
Admiralty, or some other Person, and the
Lord Mayor appoint his
Water-Bailiff at the
mending or
repairing of any
Wharf upon the
Thames, to see a
Stake stuck down, beyond which the
Repairers of the
Wharf shall not proceed; and both of these Officers shall be order'd to demolish immediately whatever shall be added beyond such Stake. Captain
Collins his
Draught doth
[Page lxxxi] sufficiently set forth how far the
Encroachments went that were made before the
Month of
October, 1684. the Month in or about which he gave in his Draught, and to which this printed
Survey referrs.
Vpon my consulting the Authors that write of the
Regalia, to know their sense of the Office of a
Conservator, I found this
definition of it there,
viz. Conservator est qui sine judiciali examine jus aliquod publicum tuetur. Nor is there any
moot-point in our Law that need divert our
Conservators of the Royal Rivers from the immediate demolishing of
Nusances, sine judiciali examine.
For as little as I have convers'd with Law-Books, I find
1 Crook▪ 184. James
and Haywards
Case. Coke
5th. report.
that a Nusance once erected may be abated by any Body, and that before prejudice receiv'd, and that it cannot be granted by the King, nor continued by the King's Grant or Pardon.
And therefore when any one buyes a
Nusance,
101.
Penruddock's Case; and 9th. Report. 53.
Bettons Case, cummultis aliis. say I,
Caveat Emptor: I wish that all
Mercy may be shewn to those who have formerly encroached, and even to their old Encroachments, as may be
[Page lxxxii] without
Cruelty to the
River. But I am inform'd that that merciful Prince, King
Charles the
2d. gave
Order to the
Lord Mayor for the demolishing some particular
New Encroachments that were very
prejudicial to the River of
Thames. He w
[...]ll kn
[...]w that
two parts of
three of the
Customs come to the Crown from the
Port of
London: And no doubt but the consideration of that, as well as the
National concern of his Subjects, inclined him to endeavour th
[...] preservation of that River by the most effectual means; and he being so of
[...]en upon the River, knew well that it would
bear no
more En
[...]roachments, it
[...] in the
Pool so full of
[...] in of the
[...] that a B
[...]ar can hardly pass. He
[...] that the great strai
[...]ness of the
[...] the Conserva
[...]o
[...]s
[...] more Ships to
[...] been formerly
[...] might produce
[...]he danger of
[...].
His Majesty and a
[...]l his People, both
representative and
diffusive, had been long sufficiently acquainted with the Doctrine of
Nusa
[...]ces, since the
passing of
[Page lxxxiii] the
Act against
Irish Cattel, and that a
Patent for a
Nusance was not worth its weight in burnt Silk: And he hath been often heard to say, that
he would damn all Patents that damned the River; and that the granting of things to the
Low-water-mark must needs be
vexatious; for that the
Neap tides and
Spring-tides being so
various at different times of the
Month, and different times of the
Year, beside all variety of Wind and Weather from abroad, the great uncertainty of such Grants must make perpetual disturbances among his Subjects; and that if any presumed to take in the River to what may seem the
Low-water-mark, that then Ships
lying by the
Walls would encrease the
Mudd there, and add to the dirt thrown in, and that that might be built on too, and so the River be annihilated. And he being inform'd that the Person who had made that Encroachment so prejudicial to the River, and which he purchased for 20
l. was only
Fined by my
Lord Mayor's Court of
Conservacy 5 l. for it, was resolved to have it
demolish'd, b
[...]th for the good of the
River, and to
terrifie Encroachers for the
future;
[Page lxxxiv] for that he well knew the demolishing of that one
Encroachment would spoil the
Market of selling
Nusances for ever.
Nor is it to be wonder'd at, that his Majesty
was so thoughtful
and resolv'd about the preservation of his River of the Thames,
since the Care of some Royal
Rivers, not so considerable as that, hath been known to take up so much of the time of the Council-Board,
when they were much endanger'd by Obstructions and Annoyances. I shall here take occasion to mention what I find in Sir Julius Caesar
's Manuscript Collections
of Matters of State,
that after King James
had granted the Conservacy
of the River of Tyne
to the Mayor
and Burgesses
of New-Castle,
Complaints were brought to the Council-Board,
of the great Decay
of that
River; whereupon on the 29th.
of January,
An. 1613. certain Articles were order'd to be put in execution for the remedying the Abuses complained of: And it appearing that that River was in such eminent danger of being destroy'd, if a very speedy course were not taken concerning it, the Council order'd that Sir
Iulius Caesar, and Sir
[Page lxxxv]
Daniel Denne, one of the Judges of the Admiralty, with the assistance of the
Trinity-Masters of
London, should draw up additional Articles to be joyn'd with the former, for the effectual Conservation of that River:
And one of them was, That some truly trusty substantial Men, Burgesses of
New-Castle, be appointed to View the River every Week, and to make Oath of the abuses done to the same; two of them to be Masters of the
Trinity-House of
New-Castle, and they to have no Coles, nor Mines, nor Ballast-shores, and who might be thought not concern'd for their own profit in casting Sullage into that River.
The
Government then thought not fit to make any Men
Guardians of the Soil of that River, who had a pretence by Patents to
inherit it.
In short, when the
Sun is just come into its Winter-
Tropic, the
dayes begin to lengthen, and not 'till then; and when things were at the
worst with the River of
Tyne, they did then begin to mend: And the Wisdom of the Government shew'd its
Dominion over all the
Starrs,
[Page lxxxvi] whose influences threatned that Royal River:
Dictum, factum; and that
River is preserv'd to this day, and so I hope with Gods help will the River of
Thames, and all our
Royal Rivers be for ever.
It was the saying of
Maximilian the first,
Deus aeterne nisi vigilares quam male esset mundo, quem regimus ego miser Venator & ebriosus ille Julius. The
Viceadmiral of the
County, and the
Mayor of
Newcastle were in that Conjuncture
drowsie Conservators of that River; but
Divine Providence was then awake to preserve that great useful River, and to awaken the Government to take those Measures for its preservation that were necessary, and suitably to which a
fac simile might easily be taken on occasion for any other of our Royal Rivers.
There is another of the
Royal Rivers where the great Concern of
Navigation did so wo
[...]thily employ the time of the
Council-Board in the Reign of King
Charles the
first: For one
Morgan having built a
House at
Crockyern
[...]ill, in the
Port of
Bristol, (and in which place
Posts had formerly b
[...]n er
[...]ct
[...]d,
[Page lxxxvii] for
Ships and
Barks being fasten'd to them) the Lords of his Majesties Council upon a Complaint of that
hindrance to
Navigation, made an
Order that
Morgan should
demolish and pull down that
House, that so Posts might remain there as formerly, for the fastening of
Ships; as may appear by two several
Orders made at
Council-Board, the one bearing
date the 11
th. of
June, An. 1670. and the other the 29th. of
October.
And if any
private Person may
abate a
Nusance, even before prejudice receiv'd, none need make it a Question whether the
King or his
Privy Council may, or Persons by them Commission'd so to do.
Because (as we say) that which is every body's work is no body's, for that reason the
Law hath entrusted that power of
abating Nusances in the
Royal Rivers to the
Lord High Admiral, as their
Conservator, ex Officio; and here for the doing that in the River of
Thames, the
Lord Mayor hath been admitted to that trust; and it is
vested in
both of their
Offices, both by
Grant and
Prescription, according to that
distinction so often used
[Page lxxxviii] among the Writers of the
Regalia, cumulativè but not
privativè; that is to say, by the
accumulating the power of
Conservacy both to the
Lord Admiral and the
Lord Mayor, neither of them is
deprived of it. Neither would either be
deprived of the exercise of their
Power of demolishing
Nusances, if the
King should grant a
Commission to many other particular Persons so to do: Nor yet would the
Commissionating of
many other such Persons
deprive the rest of their fellow Subjects of their right so to do.
And here it is
obvious to be said by the way, that thô a
Patent that pretends to
grant Encroachments or
Nusances is void, yet a
Patent or
Commission to throw them down is most certainly very
legal. But yet if any Man were so
publick-spirited as without a
Patent to attempt a thing so
beneficial to his Countrey, he would be able to effect it with as much readiness as that
honourable Person, who hath on many Accounts deserv'd so well from his Countrey, the Earl of
Craven, without
Patent or
Commission, or a
Parade of
Officers and gilded
Maces going before him, hath been long obey'd in the quenching of Fires.
[Page lxxxix]
My Lord, I believe the
English Nation is
doubled in populousness, since the ancient Methods were first used of trusting the Care of
Conservacy of the
Royal Rivers in the Countrey to our
Viceadmirals, whose so long
Non-user of their power relating to the Encroachments on them, hath sufficiently appear'd by the many Patents of those Encroachments in the several Countreys granted in the
Reign of King
Charles the second, and the which hath beside the inconvenience of the straitning those Rivers, produced another to our Navigation, namely, the Creating much trouble by innumerable Law-suits to our
Navigators, who generally inhabit by the sides of those Rivers, and where their Ships use to lye: And it is pitty but that some Clauses should have been inserted in those
Patents, to direct a different way of
Prosecution in their Case from that of other Subjects, and that unless very
enormous prejudice had come by their
Encroachments to the
Royal Rivers, the
Seamen might not have been put to it to give Compositson-money for the
licensing their Nusances. It hath been truly observ'd
[Page xc] by a late Writer,
That Seamen are easily tempted to seek good Entertainment in other Countreys, if they find it not in their own, and that they are apt to change their own Quarters, and embarque in Forreign Service, sometimes upon a Capricio of their reputing themselves disobliged at home, and at other times on their expectance of being better used abroad. And in a Remonstrance from Trinity-house
to the Earl of Nottingham,
Lord high Admiral, it was certify'd by them to his Lordship, that in a little more than 12 Years after 1588. the Shipping and Number of our Seamen were decay'd about a third part.
It seems by the wise
Conduct of the Government then, our
Sea-men and their numbers were carefully
enroll'd.
But so indulgent was Queen Elizabeth
to the Seamen
in her Reign, that we find in the Act
of Parliament, 35 Eliz.
c. 6. An Act for restraining of New Buildings,
a particular tender regard is had to the Seamen;
for there it is said, Provided also notwithstanding any thing in this Act, it shall and may be lawful for
[Page xci] every such Mariner, Sailor,
&c. as shall be allow'd by the Lord Admiral, a
[...]d the Masters and Company of the
Trinity-House for the time being, in writing under their Hands and Seals to continue in his habitation in any House that hath been built sithence the said Proclamation, near to the
Thames-side, serving only for the habitation of such Mariner, and not to be used for any Victualling-house, nor for any House for any Merchandize,
&c. and likewise that any Mariner may hereafter build any House for such purpose, and for no other, on or near the
Thames-side, so as it may be distant from the very Wharf or Bank thirty Foot, so as People may pass between the said Houses, and the said Bank and the
Thames, &c.
I speak not this as if I would have any Mariners make any new Encroachments on any of our Royal Rivers, especially on the
Thames, which is already so much straiten'd: But I urge it to shew how the
Wisdom of the Government then did make it (as I may say) a
fundamental Rule for the Preservation of the
River of
Thames, that even while encouragement
[Page xcii] was providing for the Sea-men, (the Walls of the Kingdom) yet Houses by the
Thames should not be permitted, but by the
Allowance of the
Admiral, the great
Conservator of all the
Royal Rivers, and the
Trinity-house, first had under their Hands and Seals. Several of the Members of the
Trinity-House dwelling by the
Thames-side below Bridge, cannot but as they go up and down by Water, take notice of the Encroachments as they are making, and which of them will eminently prejudice the River, and which not, and so are the more proper to be consulted in the Case.
And from hence we may Collect this great Document,
and so necessary to be thought of again
and again,
by the Conservators
of our publick
Rivers, namely, That whatever alteration is made in them, by building on them, thô never so little, ought to be with great Care, and with the use of the
Consilium peritorum, and not by the arbitrage of private Patentees and their Executors, but by the Publick Conservators, to whose personal Circumspection and Skill that great trust was always committed by
[Page xciii] the Government;
the Office
of the Admiral
having never been granted by Inheritance,
as some great Offices, viz.
the Earl Marshal
and Lord Great Chamberlain
have been.
And there is another
instance of the
ancient Care of the
Government over the River of
Thames, that is very
memorable, namely, the excellent Institution of the
Wardmote Inquest, the which thing hath worthily made the Government of the City of
London so famous all over the World.
I have read the Articles of the Charge
of the Wardmote Inquest,
that were in print in Queen Elizabeth
's time, whereof the 4th. Article
is, Ye shall swear that ye shall enquire and truly present all the Offences and Defaults done by any Person or Persons in the River of
Thames, according to the intent and purport of an Act made by our late Sovereign Lord King
Edward the 6
th. in his High Court of Parliament, and also of divers other things, ordain'd by Act of Common Council of this City, for the redress and amendment of the said River, which as now is in great decay
[Page xciv] and ruine, and will be in short time past all remedy, if high and substantial Provision and Help be not had with all speed and diligence possible, as more plainly appeareth in the said Act of Parliament, and the said Act of Common-Council of this City.
Here the most grave and substantial Citizens, are put to it by a
promissory Oath to
stake their Eternities, and in effect to
invocate God, both as
Witness and
Revenger, about their doing right to that
River in their
Presentments; and I am sure the present State of it being conformable to the
Words, in that Article relating to
its great decay and ruine, &c. is what they may safely swear in an Oath
assertory.
Howel in his
Londinopolis, p. 392. speaks of this
Article still continuing in Presentments in the
Wardmote Inquest.
When the Government did anciently order the
Lord High Admiral and the
Lord Mayor to
espouse the Interest of this
River, our
Monarchs did not present to them, as one did who told a
Roman Emperor, he offer'd him a
Lady,
[Page xcv] who was
Vidua & indotata. As much as it hath been (as I may say)
widdowed, and bereaved of that Care it should have found, while many now living remember at least a
fifth part of it to have been taken in by
Encroachers, it brings in still a very fair and plentiful
Dower to the
Lord Admiral and
Lord Mayor. The
Lord Admiral hath been by it enabled to support the
Trinity-House by the
Ballast-Office; and I in my Conscience think it well bestow'd on them, that is to say, on the poor
Seamen whom that excellent
Corporation relieves thereby.
The
Chainage of
Ships belongs to the
Admiral, and the right of the
Ferriage over all Rivers between the
first Bridges and the Sea is a Perquisite of
Admiralty, and the right thereof is
inherent in the
Office of the
Admiral; and 'tis
notorious that the
Right of the
Ballastage in all the other
Royal Rivers of
England belongs to the
Admiral, as well as in the River of
Thames. There is the Perquisite of
Anchorage in the
Thames, as well as elsewhere, belonging to the
Admiral, as are likewise many other
Perquisites, and that are enumerated in the
Admiral's Patent.
[Page xcvi]Nor can any
Right belonging to the
Admiral be pass'd by the Crown under the
Great Seal to any one but by the
Admiral's Warrant to the
Attorney or
Solicitor general.
To the
Lord Mayor as
Water-bayly and
Conservator of the
River of
Thames, several
Fees and
Profits belong: And to that
Office of
Conservator belongs the
Office of
Measuring Coals, Grain, Fruit, in the
Port of
London, with the
Fees belonging to it; and the
Fines imposed in his
Court of
Conservacy, or by the
Commissioners of
Sewers for Misdemeanors that concern the
River; and other Perquisites, and in the which the
Admirals have long ceased to intermeddle; and not without cause, because of the great Charge incident to the Lord Mayor's
Conservacy of the River, and particularly in matters relating to the
Fishery, and the charge that attends the traversing Indictments, and removing them to the
Kings-Bench, as likewise the Charge of suing out
Scire Facias 'es to vacate the Grants of particular Persons that entrench on the rights of the
Lord Mayor's Conservacy, and which Charge they
[Page xcvii] have often supported without being therein assisted by the
Lord Admirals.
I might instance in many passages in the reigns of our Kings long ago, concerning the
Lord Mayor's applying to the Government, when private Courtiers had surreptitiously obtain'd
Patents that
interloped in the
Conservacy of the River; as for example,
Edward the 4
th. having made a
Grant to the
Earl of Pembroke for
setting up a Weare in the River of Thames, and the
Lord Mayor applying to the King about it, obtain'd a
Scire Facias to
vacate that
Grant, and vigorously prosecuted the
vacating thereof to effect.
And how in the two last Reigns several
Lord Mayors with great Industry and Charge prosecuted the
vacating of Patents that they judged entrenching on the Conservacy, that both by
Charter and
Prescription belong'd to them, is known to every one: Nor will the unwearied diligence of those Patriotly
Lord Mayors, Sir
William Pritchard, Sir
Henry Tulse, Sir
James Smith, Sir
Robert Jefferys, Sir
John Peak, in thus shewing their Zeal for the
Conservacy of the
River,
[Page xcviii] be ever forgot, while that City keeps Records.
And they are strangers to the Character of the present
Lord Mayor, both for integrity and prudence in
Political Conduct, and his
Zeal for maintaining the known Rights of the City, who shall think that if he had been at the Helm of them Government of the City when they were, he would not have steer'd the same Course as the most active of them did, and that with such a Courage as is worthy the high
Sphere of Magistracy he moves in.
A Coward (saith one)
cannot be a good Christian, much less a good Magistrate. Solomon
's Throne of Ivory was supported by Lyons. Innocency and Integrity cannot be preserved in Magistracy without Courage. Magistrates are great Blessings, Modo audeant, quae sentiunt,
if they dare do their Conscience.
‘Me quae te peperi ne Cesses Thorna tueri,’ was the ancient
Inscription of the
Bridge-house Seal, and which may give an occasional hint to any Citizen of
London, advanced to Authority and Opulency
[Page xcix] therein, to wish well to the
defence of that
River that hath so long
bred and preserv'd the Riches of that City.
I am here led to observe, how that River being pester'd by various Annoyances in the Reign of
Henry the 8
th. and the Lord Mayor's Offices being made uneasie, and hinder'd in the Conservacy of the River; the
City apply'd to the King for a
Proclamation, who accordingly issued out one in the 34th.
Year of his
Reign, strictly requiring,
That none should presume to resist, or deny, or impugne the Lord Mayor or his Deputies, in doing or executing any thing that might conduce to the Conservacy of the River, &c.
And methinks the Customary
yearly Solemnity of the New
Lord Mayor's attended with all the
City Companies in their Barges on the
Thames, and there on that River above Bridge having their first
Scene of Triumph, as they are going to
Westminster-Hall to be
sworn, should give them occasion to think often of that Rivers preservation in the following part of the Year.
[Page c]I am here led to call to mind a fatal danger that that River above Bridge escaped in the Reign of the late
King, when some were so hardy as to offer him a Proposition, and in the way of a
Project to enlarge his Revenue by straitning the River, and by building another
Street, between the high and low-water-mark, from the
Bridge to
White-Hall. But thô so great a
straitning of the River there would not have been so prejudicial to the publick as lesser straitnings of it below bridge, where the great Scene of Navigation lyes, yet his Majesty with great judgment gave a peremptory denyal to the Proposition, for this particular reason, namely, that such an alteration in the River might perhaps produce an alteration in the Tide of Flood, and be the cause of its not flowing so many hours as it doth, and which effect too he thought the building of a
Bridge at
Lambeth (a Project that some offer'd to his Consideration) might produce, it being obvious that the Obstacle the course of the Tide meets with by
London bridge, doth much occasion the Tide of Flood being the shorter.
[Page ci]And if great Care had not been taken by the
Trinity-house, in the government of their
Ballast-Lighters, and ordering them not to draw up Ballast too near the
Banks of the River, there would have been great danger of another accident that might have curtail'd the Tide of Flood; I mean by their coming nearer to the shoar than the safety of the great
Level by
Limehouse will admit. In the same time that they can draw up one
Tun of Ballast in deep Water, they may draw up
three near the shoar. A
breach in that
Level did within these few Years cost the Proprietors 25000 l. a
third part of the value of the Land: And if a new greater breach came, perhaps it would not be repairable, and possibly cause the
Thames not to flow up so far as it did, and yet doth. But any thing of this Nature we may well hope will be prevented by the excellent
Management of the Ballast-Office, by the industry of that
Virtuous and
Prudent Lady, the
Lady Brooks, who hath the
Lease thereof from the
Trinity-house, and hath taken much more Care of its being managed for the good of the River, than was took formerly.
[Page cii]I forgot when I was just now considering the Affair of the Annoyances and
Streightning of the
River above Bridge, to mention it, that a
Gentleman of the
Temple, who has not been many Years a
Barrester, told me,
He remembers that since he was of that Society, the River at low-water came up so far as to touch the Garden-wall; and every one knows at what great distance it is now from the Wall at low-water.
My Lord, I have here given your great active thoughts the best entertainment I could upon our
Royal Rivers, and particularly on the
Thames. Great men are like the heavenly bodies that find much veneration but no rest, unless we find a
Salvo for their having the latter, by saying what the
Philosophers do of the Heavens, that
Movendo quiescunt. And whoever will be just to your Lordship, must acknowledge that you have esteem'd your self most at your ease and rest, while in the high Orb Fate hath placed you in, you have been most active and busie in blessing the World with your i
[...]fluences. Your Lordship need not be directed
[Page ciii] to that
Moral remark, that your
private good is included in the publick,
Tanquam Trigonum in Tetragono. And as in Nature we see that all bodies do by their own
proper Center tend to the
Center of the
Universe, so they that know your Lordship, know it is natural to you by your tendency to your own Welfare and Happiness to endeavour to promote the bliss of your Countrey in all the wayes you can.
Your Lordship is no stranger to what the
Roman Poet saith of
Caesar,
—media inter praelia Caesar,
Astrorum Coelique plagis, superisque vacabat.
And therefore if his great mind could in the heat of Battel find leisure to employ it self about the imaginary Circles in the Heavens, and which only
salve the
appearances, I believe if presently after you had charged in a Battel, I had hinted to you some of the great matters before mentioned, that are as real as th
[...]se three great Foundations of real Learning can make any thing, I mean, number, weight,
[Page civ] and local motion, and matters on which the
Salus Populi doth absolutely depend, your
Lordship would have given me the hearing. And having said this, I shall not doubt but that now you are by Providence brought to support the Crown and your Countrey, by the great Figure you make in the
Council and
Parliament, and in the peaceable administration of the Civil Government, your Lordship will therein be as vigilant for the publick as ever you were in War.
Nor to a
Soul so refined as your
Lordships could any War but what is in order to Peace seem eligible; and when in the Case of any degenerate stupid Members of Mankind, who are deaf to all Reasons for their being happy, or suffering others to be so, you are call'd to
awaken the World out of its
Lethargy with the sound of
Drums and
Trumpets. But it is an easier and gentler way of awakening any of our Magistrates, whom you may judge to be sometimes drousie in the Administration of those great trusts reposed in them by the Government, that I here most humbly offer to your Lordships thoughts, and particularly as to the publick concern
[Page cv] in the
Con
[...]ervacy of the publick
Rivers, and the Care of which in this growth of the populousness of our Countrey, and overgrowth of the abuses done to those Rivers, may well call for the
Supervisorship of some particular Person or Persons, who either being Commission'd for their Conservacy under the
Crown, or the
Commissioners of the
Admiralty may really Conserve them.
Nor need the
Vice-admirals Commissions on this occasion be alter'd. Let them be nominal
Conservators still, and
real ones too as far as they please. Nor need any the least deduction be made from, or intrenchment on any
Fees taken by the
Lord Mayor's deputy Water-bayly or
Sub-Conservators for the
River of
Thames, as I find him
styled in that Book of
Howel, where he
p. 35. treating of the
State of the Lord Mayor, saith,
He hath a Sword-bearer, Common-hunt, and Common Cryer, and four Water-Bayliffs, Esquires by their Places; whether he there makes
three too many, I know not, I have formerly heard of
one too many. But thô neither
Mayor nor
Admiral can erect a
New Court of
Justice
[Page cvi] without an
Act of
Parliament, or
Letters Patents from the Crown, yet common reason tells us they may make as many
Sub-Conservators or
Deputies for the
Ministerial work in the
Conservacy of the River as they please. And if any one publick spirited Man were either by the
Crown or
Admiral entrusted with the Conservacy of the other
Royal Rivers, he might for each of them employ what hands he pleas'd.
Quod quis per alium facit per se facere videtur.
According to the vigilance and prudence of the former
Commissioners of
Admiralty, in effecting the before mention'd
Survey of the
Encroachments on the River of
Thames, and likewise the
Draught of the
River by
Captain Collins, the like
Surveys and
Draughts of all the other
publick Rivers beneath the
first Bridges, may in a Years time or thereabout be prepared, the which draughts of the respective Rivers being fairly set out in
Frames, may usefully be hung up as Ornaments in a Gallery in the House of such general
Conservator for the time being, and be left to his Successors to have the Custody
[Page cvii] of. And to such Draughts recourse may easily be had by any of their Majesties
Ministers of State, or Officers in the
Admiralty Court or
Navy, or by the
Trinity house, upon occasion. Such
Surveys and
Draughts being skilfully and accurately prepared, and some
Elbows of
Wharfs and
Jettys being taken away, whereby the sides of the Rivers may as much as is needful come toward the shape of a
right Line, the
Course of the Rivers themselves will begin to Cure them of their
Sullage; and such
Eddys as caus'd the Water to settle with the mud formerly be prevented: And these
Draughts of the Rivers serving as the
Standards by which all future Enlargements or Diminutions of Wharfs or Banks may be guided, will make it appear as
absurd for Encroachers to break in upon them thus reform'd and regulated, as it doth to
Clippers to
incroach on our
curious new
Mill'd Moneys and the
Letters about their Edges, and as absurd for any to begg Patents from the Crown to take in the
Lines of our publick
Rivers, as the
Letters of our Coyn.
[Page cviii]And thus after a little diligence and resolution employ'd in the first setling of this work, the constant Conservacy of all our Royal Rivers, would be comparatively easie, the populace seeing that the Government was in earnest in the thing, and as it appear'd to be in the Conjuncture before mention'd, when the Magistracy did
rouze it self for the preservatio
[...] of the
River of
Tyne.
Who would have thought that after the
Survey of the
Encroachments on the River of
Thames, and the Draught of that
River by
Captain Collins, they should be no more minded than if such a
Survey had been made of the
Annoyances of the
Rhine or
Texel?
Would any one think that after the vast pains taken by the Trinity-House
in going down the River to perfect its Survey so many times, in the extremity of Winter-weather, and many of them being Veteran
Seamen, thereby contracting dangerous Colds, Coughs and Catarrhs, because the Government required the Survey
to be made with all expedition; and after that excellent Seaman
and Hydrographer,
Captain Collins,
had in order
[Page cix] to the making his Draught
of the River exact, made so many weary steps in the mud of the shore, yet many Summers after Summers should pass without any thing brought to effect for the good of the River, or the abatement of one Causway or other Nusance,
and both Survey
and Draught
be no more regarded than an old Almanack
calculated for the Meridian
of Paris
or Madrid?
Nay, which is more, can it be imagin'd that Captain Collins,
a Person of great integrity, should relate it to another such Person, That he within this Year or thereabouts, going to see the sides of the River formerly survey'd, and to find what effects the Survey and his Draught had there produced, that he there found Stone-wharfs built into the
Thames for three or four hundred Foot in length, and from ten to thirty Foot in breadth; and that he found a great many other smaller Encroachments on both sides of the Water, and several new Causeways, which in time would raise the Mud equal to the superficies of the Causways; and that he acquainting the City-Officer entrusted with the Care of the Concerns of the
[Page cx] River therewith, had from him instead of thanks a ruffianly Answer?
yet these very words of the Captains
speaking were Noted
down from his Mouth by the Person to whom he spake them. Thus is the Case
of the Rivers Survey
and Abatements
of its Nusances, like that in the Epigrammatist,
Eutrapelus tonsor dum Circuit ora Luperci
Arraditque genas, altera barba subit.
His dilatory
Shaving occasion'd a
New Beards forth coming.
But that the
Watermen may have no cause to complain that they cannot
Land nor take in their
Fare, if they may not have that use of the
Causways that the
Survey mentions as prejudicial, I shall here say, that both their Fare and they may be accomodated as well below Bridge as above, by the Vse of a
Truck or
Board with Wheels at the end next the Water, to move too and fro as the Tide comes in or goes out, which may answer their purpose.
And if those to whose Care the
Conservacies of the Rivers are entrusted as
[Page cxi]
Depositories, may happen to tell your Lordship that they are not at
leisure to mind the vigorous discharge of this trust, a
Reply may be had from the trite passage of King
Philip's telling a Complaining Woman that he had no
leisure to do her
Justice, and on which occasion she said, that then
he should have no leisure to be King. Most certainly he who receives a
Depositum, obligeth himself to be at
leisure to preserve it: And I never knew any Iudge but who would find leisure to
ampliate and
enlarge his Iurisdiction, especially when he saw any Men find leisure to try to diminish it.
There was one thing that seem'd to be of some moment for the discouraging any one from a belief of the likelyhood of any of the
Encroachments on the Royal Rivers being shortly removed, or of the event of any Person of Honour or Quality's being likely to undertake to serve his Countrey therein; namely, the want of any
Fonds to support the Charge of such Office. But as to which, it is obvious to consider that the Law is open to compel Encroachers to be at the Charge of
abating their own Encroachments, if able to
[Page cxii] do it, and wherein such especially who after the
Survey made
Encroachments on the
Thames, will deserve little Favour.
And in the Case of
Insolvents, the
Encroachments of
solvent Persons that shall by the
Conservators be permitted to continue, as consistent with the
safety of the Rivers, may easily be made to bear that charge.
I remember a Person employ'd by some of the late Kings Ministers
to discourse Sir Robert Jefferys,
when Lord Mayor,
about this Matter, acquainted me that Sir Robert
then moved it to the Court
of Aldermen, That a Committee thereof might be appointed to meet at his House with that Person,
and he there offering it to their Coasideration, as the sense of those Ministers,
that Commissioners should be appointed by his Majesty to make moderate Compositions with the Owners of such Encroachments as were not very prejudicial to the River, and were to be continued, and the Charge of the demolishing the prejudicial ones might be defray'd out of such Composition, and
[Page cxiii] that he desired to know whether they had any thing to object against it.
The Lord Mayor
and the rest of the Committee unanimously
declared that they were very well pleas'd
with the Proposition,
and did thankfully
embrace it.
And no doubt but if the like way of Compositions were order'd for such Encroachments as are to continue in the
Royal Rivers in the Countrey, the
charge of the demolishing some there, and of the
regulation of those
Rivers, might not only be thence
defray'd, but a considerable summe of Money might be thence brought in to support the Charge of the Government, and that without any gainsaying or reluctance from the People, provided that they might be deliver'd from the
vexatious Prosecutions of the many Patents to private Persons for such Encroachments; to whom they have been in a manner forced to give Money to
redeem their
Vexation, rather than out of hopes that they could buy a good Title for the continuance of their
Nusances. And certainly the Condition of the
French Subjects being so ill on the account
[Page cxiv] of their being forced to buy
Salt' any Mens being harrass'd into the buying such
ins
[...]pid things (or as I may rather say noxious) as Nusances, is a more
compassionable Case. This is humbly offer'd to the Consideration of the
Lords Commissioners of the
Admiralty, in order to their offering it to the Considerations of their
Majesties, or of the
House of Commons, (who are the grand
Inquest of the Kingdom) or of the
House of
Lords, as they shall see occasion. And perhaps if by their
Application, a
Clause may be inserted in some new
Act of
Parliament, for the continuance of Peoples Enchroachments that shall be compounded for by
Commissioners in the respective
Counties named in the
Act, or by their
Majesties, they being by the Legislative power secured in their Titles to such Encroachments, will no doubt be chearfully ready to pay near the full Value thereof.
The common
Observation, that
Prerogative in the Hand of the Prince is a Scepter of Gold, but in the Hand of the Subject a Rod of Iron, is apparently applicable to the Case of the
Jubile
[Page cxv] such People will have, when freed from the
Vexations by
Colour of Law given them by the
Proling litigious
Instruments employ'd under such Patents, who are usually the
Faex Populi, and may well bring to our minds the saying of
Solomon, A poor Man that oppresseth the poor, is like a sweeping Rain which leaveth no Food.
I have been inform'd from Mr.
L. J. a worthy
Bencher of the
Temple, that the poor People were so miserably
harras'd by the
Agents employ'd in the Lady
S—ll's Patent for
derelict Lands, about twenty Years since, that the
Court of
Exchequer, burden'd with Complaints about it, Order'd, that
no Process of the Court should be further issued out
[...]pon it.
I do studiously avoid the naming of other
Patents or the
Patentees, or any of their
Instruments or
Agents, and do not desire to give our
Admirals any trouble with reflections on such, however yet in the course of my little reading in
Parliament-Records, I find that many Persons have been censured in
Parliament for
taking out and procuring illegal and vexatious Letters Patents from the Crown. The
Case of Sir
Francis Mitchel
[Page cxvi] for his pro
[...]uring a
Patent of
forfeited Recognizances before
Conviction, is fresh in Memory.
Nor shall I here mention the
Names of those Patentees particularly, who gave
multitudes of the
Seamen so much trouble at Law by their Patents for Encroachments, while they knew there were
Prior Patents in being for the
same Encroachments, and that therefore no
Action was then
maintainable by the
latter Patentees, and that they could have no design by bringing their innumerable
Actions against the
Seamen, but to get
Composition out of them.
Nor shall I mention the Name of a
Waterbailiff, who was reflected on in
Council in the two last Reigns, for having the
Encroachers on the
Thames for his
Tenants, and whom a late
Lord Mayor reproved very worthily on that account. Nor shall I name a later
Lord Mayor, who instead of being a
Conservator of the River, appear'd as a
Patron of
Encroachers, by effecting it that a
Ring-leader of the Encroachers should be fined only a
Noble for an
Encroachment, that in the
Survey of the
Navy-Board and
[Page cxvii]
Trinity-house is particularly
branded with its
dimensions as
prejudicial to the
Thames, and his being suffer'd to
continue that
Encroachment; and the which Favour his
Lordship was known to shew him at the request of a Person who was by
Name reflected on in
The City Reasons before mention'd, as an
Encroacher of their
Conservacy. The words of the wise are heard in quietness; and I therefore desire not to
ruffle the
Cares of any of our Magistrates, from whom the redress of these evils may be hoped, by the noise of the
Names of Persons. I desire that they may please to look
forward, not
backward, and that at
things rather than
Persons, & nequid detrimenti capiat publicorum fluminum Conservatio.
And here it falls in my way to observe, that supposing the
Conservators should not think it necessary in hast to abate any Nusances, or to effect the raising of any Revenue for the Crown, or
Fond for this Office on the Encroachments, yet may the charge of the
Office before mention'd be competently supported out of
Admiralty Perquisites, either as they are already
vacant, or as they shall be; and
[Page cxviii] such
Perquisites as to common reason may seem most
proper to be apply'd to a
publick use, and as I before mention'd how the
Ballast was. The truth is, considering how little the standing
Fees of the
Judge and other
Officers of the High Court of
Admiralty are proportion'd to the great pains by them taken, and trust in them reposed, and for how much a greater income than yet belongs to
Trinity-house, that is so useful a receptacle as to the Charities to be bestow'd on decay'd
Seamen, and their Widdows and Orphans, and where they are to such with so much exact Care apply'd, I have been much troubled when I have heard of Admiralty
Perquisites bestow'd formerly on Courtiers and Voluptuaries, by whom the Admiralty
Office and
Jurisdiction, and the
moral Offices incumbent on the same, have not been promoted one jot.
But since the Nature of things doth Call so loud for the speedy Settlement of this
Office, by which means only the
Trust in the
Admiral's Office can be discharged for the prevention of
future Encroachments on the
Royal Rivers, and for that
frustra differtur remedium quod est
[Page cxix] unicum, it may be worthy the Care of those honourable Persons who administer that Office, to see some support provided for that Office as soon as may be, and to
apply to the Crown or the Legislative Power, as they shall find occasion, for any thing to be done, necessary to the settlement and support thereof.
Both because the River of
Thames is the most principal of the Royal Rivers, and for that the Countrey is naturally in all things influenced by the Example of
London, the effectual
Conservacy of its River may well seem to require the
Priority of their Care. And here after the example of the Government, that as was before mention'd provided
A. 1613. for the preservation of the
River of
Tyne, that the Persons who were
appointed to
View that
River, should
every Week make
Oath of its
State, and the
Abuses done to it, perhaps it may appear necessary, both to the Commissioners of the
Admiralty and the
Lord Mayor, to apply to the
Parliament that a
New Form of
Oaths may be enjoyn'd to all Persons ministerially concern'd in the Care of the
River of
Thames, and the
[Page cxx] which kind of
Oaths may likewise be enjoyn'd to Persons employ'd in the Conservacy of the Royal Rivers in the Countrey. This is here mention'd, because 'tis conceiv'd, that a
New Oath cannot be imposed but by Authority of Parliament.
I suppose the
Lord Mayor's Deputy
Water-Bailiff was never upon his Oath not to
connive at Encroachments on the River: But the very
common Fame about the
Water-Bailiff's
Tenants, may make either a
promissory Oath to that effect necessary in the beginning of every
Mayor's Year, or at the end of it an
assertory one that he hath not done it.
I know a Gentleman, who charging a late
Water-Bailiff with taking of
Money from
Encroachers, was answer'd,
That he did no such thing, but would not deny but that some of his followers might do so. Good God! what unsafe anchoring do all our great Trusts in this World find, while we trust our
Bodies to Apothecaries Boyes, our
Estates to Lawyers Clarks or the Apprentices of Scriveners, our
Souls to poor Curates,
[Page cxxi] and our principal
Royal River to a Water-baily's
Followers!
When I consider that mighty spirit of Industry that appear'd in
France with success, for joyning the
two Seas, a work that heretofore abash'd the
Roman Empire, and was attempted and given over in foregoing Reigns, and yet notwithstanding the remoteness of the
two Seas, the Mountains, the
Boggy-Lands, the scarcity of Water in a Countrey where there was hardly enough to supply the Gardens, and many other difficulties, that it was in a few Years brought to its perfection, while the Crown there was in War against the most powerful States of
Europe united together, I shall wonder much if we have not a stock of Brains and Industry enough going to keep our River of
Thames.
What great Pains and Charge the work of meliorating that River cost our Ancestors, the
Chronicles tell us, and how useful for the preservations of it the pains taken in a late Conjuncture, (when the Cities
Charter was in its low estate) by the former Commissioners
[Page cxxii] of the Admiralty, proved, is obvious; and therefore the Wisdom of our Ancestors in
Complicating the
Office of the Lord
Admiral with the Lord
Mayors in its
Conservacy, was very profound; for the
Admiral's Office being during pleasure, we are sure that whoever have that Office, are the
actual Favourites of the Government; and by being so, they have with the better success signalized their diligence in the preserving that River.
It must here in Iustice be acknowledged, that the late King
James, while the Admiralty was in his Hands, was not by all the Cares and Business incumbent on the Crown, diverted from the
Conservacy of the River. And if all the particulars of the vast pains taken by Mr.
Pepys therein, while he was
Secretary of the Admiralty, were enumerated, they would fill a much larger
Volume than what I here send your Lordship. His concerning himself so much and so often in the behalf of
Petitioning Seamen who conceiv'd themselves injured by the
Agents of Patentees requiring Money of them for their Ships lying on the Shoar, and his
Frank interceding with the
King
[Page cxxiii] as
Admiral for them, and effecting their being
speedily righted, and that without any Fee of Office expected or paid, are things fresh in the Memories of those who live by the
Thames-side below Bridge.
And the truth is, to a Person so knowing in the
Office of the
Admiral, it must needs be known, that
Seamen being more than other Subjects compell'd to serve the
Crown in times of
Peace and
War, and at the Crowns own
Rates both at
home and
abroad, are entituled to a more
tender Protection from the Crown than
other Subjects are: And that the
Seamen being call'd to such
Service by the
Admiral's Warrant, will in the Case of any general pressure happening to them wherein the King's Name is used,
expect that the
Admiral shall
apply to the
Crown in their behalf, as knowing that no
Admiral ever
refused or
delay'd in such Case to take the trouble of patronizing them.
My Lord, I have now almost done troubling you for the present; and yet according to a
Jewish Proverb, that
Molestus
[Page cxxiv] ubi se molestum agnoscit, no
[...] est molestus, shall hope I have not done it at all. But I shall chiefly fortifie my hopes of my not having so done, by the Consideration of its being no
trouble to you, but an
Obligation for any One to furnish your great thoughts with any useful
Materials for the promoting the service of your
Prince and
Countrey, in such a
critical season as this, that calls so loud for that
Old heathenish Virtue of the
Pietas in Patriam to
awaken it self among
English Christians.
We may well believe our
Chronicles, that tell us of a
Porter who
slept fourteen dayes and nights together, when we have seen so great a part of a whole Nation asleep four or five Years, and much longer.
The last Reign save one was a time wherein men made pleasure their business, and when the Nation suffer'd more by
Lethargy than the
Plague. But as Nature doth now call upon us to make
Business our
Pleasure, and to build Work-houses as well as Play-houses, so it may be supposed that our World is as weary of
sleeping as ever it was of
waking, and that Reasons for Mens
[Page cxxv] being
publick spirited and nobly active in all the publick Spheres in Magistracy to which they are call'd, may be patiently heard, and that it may seem a reasonable Request, since we see in things natural, some inanimate things to serve the Nature of the
Universe do sometimes forgo and quit their
particular Nature (and as for example, water to prevent a Vacuum which Nature abhorrs, doth ascend,) that
Magistrates would go on in their own
natural Course to what lyes in the plain way of their Duty, and what is incumbent on them by moral Obligations.
Faxit: And that he may neither be a shame to, nor ashamed of his Countrey, who hath the Honour of being
My LORD,
Your Lordships most Humble and most Devoted Servant,
T. H.