Ramsgate harbour dues,

the charges for pilotage, for ballastage, and the dues in the port of London, and the lights under the management of the northern commissioners, constituted expressly for this purpose. By the same authority, also, have been established a part of the lights under the jurisdiction of the Trinity corporation. The remainder, as well as the establishments of lights generally on various parts of the coast, granted to individuals, are established and maintained under the authority of patents from the crown. In the acts respecting lights, as also in the respective patents, are set forth the reasons for erecting each particular light, and the sums to be collected on shipping, for the purpose of defraying the expenses of erecting and maintaining it.

As the greatest proportion of the light dues, in common with other dues of inferior amount levied upon shipping, is collected and administered by the corporation of the Trinity-house, your committee have been led to inquire into the constitution and objects of this ancient and respectable corporation, the trusts assigned to it, and the manner in which those trusts have been fulfilled.

It appears, that, as early as the reign of Henry VIIth, an association existed, consisting, as it is termed, of shipmen and mariners, for the purpose of piloting ships and vessels belonging to the crown, as well as all descriptions of merchant ships; but what remuneration was received for this service, and what, if any, proportion of it was assigned to charitable purposes, does not appear.

In the reign of king Hen. VIIIth, the society was first incorporated

by a royal charter, bearing date the 20th of May, 1514, granted to the shipmen and mariners of the realm, giving them authority to erect and establish a guild or fraternity, as well of men as of women, in the parish church of Deptford Strond, in the county of Kent: the charter provided for the due government of the guild, and custody of its possessions, by giving power to the brethren to appoint a master, warden, and assistants, it gave powers to make laws and statutes amongst themselves, for the relief, increase, and augmentation of the shipping of England, to levy pains, subsidies, &c., offenders, to the master, warden, and assistants, and their successors, to acquire lands and tenements to a certain amount, to maintain a chaplain, and to do and perform other acts of piety, and to the community generally to enjoy all the franchises and privileges, shipmen and mariners of the realm have used and enjoyed.

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This charter received successive confirmations by Edward VIth, queen Mary, and queen Elizabeth. In the act of the 8th of queen Elizabeth, after a preamble, reciting the object of the incorporation of the society, and its duties of general supervision of the buoys, beacons, and ballastage, it is enacted, that the corporation of the Trinity-house may, at their own cost, make, erect, and set up any beacons and signs for the sea, on such places of the sea shore, or uplands near the sea coast, or forelands of the sea, only for sea marks, as to them shall seem meet. The act goes on to make it penal to disturb those marks, and also authorizes the master to license mariners to row on the Thames. In the year 1594, queen Elizabeth

granted to the corporation the lastage and ballastage of all vessels upon the river Thames, surrendered for the purpose by the then lord high admiral, lord Howard, together with all the rights held by him in virtue of his office, of making, placing, and erecting buoys, signs, and beacons for the sea, with all fees and advantages thereunto belonging. This was followed by a charter from her successor, James 1st, which was grounded upon defects in preceding patents and grants, and the want of a sufficient authority to govern themselves, and all other seafaring men and apprentices; and directs, that from the guild shall be elected one master, four wardens, and eight assistants. These 13 persons are directed to elect 18 other persons to be added to the guild, out of the whole company of seamen and mariners, making together 31 persons; the successors of whom are to be called elder brethren, and all the rest of the seamen and mariners belonging to the guild, and their successors, to be called younger brethren. Such was the constitution of the corporation under the charter of James 1st; and such is its form at the present day. The Journals of the House of Commons contain many entrics relating to the corporation, to which reference is made in the years 16431644-1647; in which last year the charter of James was dissolved, the members dispersed, and the management of the affairs of the corporation was transferred to a select committee, and by that committee was conducted till the year 1659, when the surviving members of the corporation re-assembled, and acted jointly with the committee; after which parliament nominated a

master and a second warden, (one being still surviving), and filled up the number of wardens, assistants, and elder brethren. The restoration followed; and in the course of a few months after the return of Charles 2nd, the charter of the corporation was renewed. By this charter the duke of Albemarle was declared master, four wardens were appointed, the deputies and assistants named, and the forms of election described; by it also is granted to the corporation the power of appointing and regulating pilots and loadsmen into and out of the river Thames; and all ancient profits, dues and duties, which at any time before, by lawful usage, prescription, or custom, they had received or taken by way of loadmanage, or pilotage, are vested in the guild, the amount of which is described to be, for loadmanage or pilotage, 2s. in every 20s.; 1s. in every 10s.; 8d. for every 6s.; and 2d. for primage, for every man who shall serve as a mariner, and return into the river Thames or port of London. In prescribing the application of the certain receipts arising under the grants made, it says they shall be to the use and commodity and profit of the said guild, fraternity, or brotherhood, and for the purposes of repairing of the Trinity house and alms houses, and for the finding of certain persons, brethren, and the wives of brethren, of the said guild, fraternity, or brotherhood, which are fallen into decay, misery, poverty, and need; and also for the relief of other poor mariners, or seafaring men, such as by them or their successors, shall be thought meet and necessary therewith to be relieved."

Except by the general directions in the charter of Henry 8th, in

respect to performing works of piety, this is the first public authority by which the application of any of the receipts of the corporation is distinctly defined and prescribed.

Notwithstanding the act of the 36th of Elizabeth, it appears that a grant had been made by letters patent in the year 1672, of the right of ballastage, to colonel Carlos, which having been litigated by the corporation, was surrendered and restored to them, and further confirmed by a grant of king Charles II, in 1675, which was intended to put an end to doubts respecting the soil and waste grounds belonging to the river; and it further grants the rights of ballasting all vessels passing be tween London bridge and the sea, and the fees, perquisites, and advantages thereunto belonging, for the use and benefit of the poor aforesaid, and to no other use, intent, or purpose whatsoever.

A short time before the demise of Charles II, the corporation of the Trinity-house, in imitation of many other corporations, and in proof of their loyalty and devotion to their sovereign, surrendered into his hands their charter, which was re-granted to them by his suc cessor in the year 1685, and is the charter under which the corpora tion at present enjoys and exercises its several rights.

This charter, after declaring the purposes of the corporation, ap points a master, wardens, and assistants, and eighteen elder brethren by name, prescribes the form of election, and declares that all the rest of the seamen and mariners belonging to the guild and fraternity shall be called younger brethren. Amongst other duties it declares, that the masters,

VOL. LXIV.

wardens, and assistants of the corporation shall examine and certify the abilities and fitness of such children of the new royal foundation in Christ's hospital, who are, or shall be admitted, and initiated into the practice of the art of navigation. Then follows the power of appointing pilots and loadsmen in and out of the river, subject to the approval of the lord high admiral. The grant of the ancient fees of loadmanage and primage, as defined by the charter of Charles 2nd; the power of holding courts for the affairs of the corporation, and after declaring that the profits of the court are to be kept to and for the use of the corporation, for the better maintenance and preservation thereof, prescribes by a subsequent section, "that all sums of money received by decrees, orders, agreements, fines, and forfeitures, or otherwise, &c., shall be for the use of the guild, for repairing the Trinityhouse and alms-houses situate în Deptford Strond, and for finding of certain poor persons, brethren, and the wives of brethren of the said guild, which shall have fallen into decay, misery, poverty, and need, or hereafter shall fortune to fall into decay, misery, and need, and also for relief of other poor mariners and seafaring men, and other public purposes.

It concludes with confirming a former exemption to the master, wardens, and assistants of the corporation from the service of the militia and various civil duties, and giving them powers in certain cases therein specified.

Under these charters, the only monies granted to the corporation appear to be those arising from ballastage and lastage, and by decrees, orders, agreements, fines,

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forfeitures, or otherwise, the application of which is strictly defined and prescribed by the grant of king Charles II, and the charter of James II, last adverted to, and the ballastage since regulated by act of parliament, 1 and 2 Geo. IV.

The surplus pilotage, which is a collection of extra pilotage on foreign vessels entering our ports, is granted by the 52nd of Geo. III, c. 59; the produce of which is directed by the 56th section to be applied to the relief and support of such pilots as shall have become incapable of discharging their duty, from age, accident, or permanent infirmity.

The act of the 2nd of George III, gives the power of licensing boats on the river Thames, and directs that certain monies received under its authority shall be applied towards the relief of the poor of the corporation.

By these acts and charters, which give to the corporation the power of levying monies, the application of the surplus of the monies so levied (after providing for the necessary expenditure) to charitable uses is alone expressly

authorized and directed.

patents, and in them, with a single exception, no other object whatever appears to be contemplated.

Having enumerated the collec tions falling upon the shipping of the country, made under the au thority of the Trinity corporation, as being

1st. Light dues.

2nd. Lastage and ballastage. 3rd. Trinity dues, comprehending buoyage, beaconage, loadmanage, and primage. 4th. Surplus pilotage, and fees on the granting an annual renewal of pilots' warrants. Your committee will proceed notice them in their respective order, with such observations as occur either on the collections themselves, or on the management and administration of them:they will begin with the most im portant one, that of the light dues.

Of the various light-houses erected, and floating lights estab lished, for the accommodation of shipping (about 55 in number), not less than 20 of the establishments, exhibiting 30 lights, are under the management of the cor poration of the Trinity-house.

The acts of the 8th and 36th of Elizabeth, which gave to the cor poration the right of erecting at their own cost, beacons, marks, and signs for the seas, if extending to the erection of light houses, have never been considered as conveying any power to levy s toll on shipping for their mainte nance. The collections for light houses, therefore, have been all established, either under the au thority of special acts of the legis lature, which are very few in

the lights required.

petitions of

and proposing certain payments in consideration of it, which they the petitioners consent to the collection of, as well from British ships, as those of foreign states; these differ in amount according to the respective lights, but are in almost every case double upon the foreign ship. Whatever were the grounds of policy on which this distinction was originally made, the reasons for now continuing it appear to your committee to be very questionable. It will hardly be contended, that in the erection of light houses on the British coast, there was any other view than the benefit of British navigation, or that the convenience and safety of the foreigner, except when entering our ports for the purposes of trade, was an object in contemplation; if, therefore, in passing along the sea, foreign navigation may incidentally derive an advantage from them, which it is out of our power to withhold, it does not seem to afford a very satisfactory plea for taking the opportunity of subjecting it, whenever brought within our power, to a severe taxation at once heavy in amoùnt, enforced by detention, and aggravated by the exaction of a prospective and retrospective payment, which has the effect of deterring foreign ships from entering our ports for shelter, except in cases of extreme necessity, and has been the cause of their being frequently exposed, not only to damage and peril, but occasionally to the destruction of the vessel, and the sacrifice of the lives of those who were unfortunate enough to be on board. That this is the fact, that it is in a great degree attributable to the cause above stated, and the amount of the heavy duties inhospitably levied in our ports,

from all foreign vessels, whether approaching for trade, or seeking shelter under stress of weather, or accidental emergency, your committee entertain the strongest belief, derived from a variety of testimony received by them, to which they beg especially to direct the attention of the House; and they do this not only in reference to the obvious consideration of humanity, but in reference also to the actual loss sustained by the country, and the advantages that would accrue to it partly from the increased amount of duties collected, and still more from the expenditure of foreign ships entering the various ports of this country, if their re sort to it was encouraged by a diminution of those charges which now operate so powerfully to avert it.

The first light erected under the management of the Trinity-house was in 1680, subsequent to the erection of several lights by individuals, to whom patents for the purpose had been granted by the crown; since this time, various others have been erected, four of which are under special acts of parliament.

The mode of granting patents has been already adverted to. It is upon the prayer of the Trinityhouse to the crown, grounded upon the petition of individuals, soliciting the erection of a light, and offering the payment of certain dues for its maintenance, when erected. The general wish of the trade is presumed on the part of the crown, which accordingly authorizes the erection of the light, and the collection of the dues proposed from British and foreign shipping, for the establishment and maintenance of it.

Your committee do not question