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The Autobiography of Phineas Pett

Phineas Pett

such manner and form as at any time or times heretofore themselves or their predecessors by any name or names of corporation by under or by force and virtue of any former charter or letters patent by them or any of them given or granted or by any other lawful and reasonable way or means have or ought to have received had taken or enjoyed the same by way of tonnage quarterage poundage or otherwise, and also all and every such fines amercements penalties sum and sums of money as shall be by force and virtue of these our letters patent or any their laws orders ordinances statutes or jurisdictions already made or hereafter to be made for the good government of the said company assessed or imposed upon any person or persons whatsoever ... [_and_] to enter and distrain any the goods and chattels of the person or persons so offending denying or withholding the same in any place or places whatsoever where the same goods and chattels or any of them shall or may be found ... and ... to sue for and recover the same dues duties allowances fines amercements penalties impositions sum and sums of money in any of our Court or Courts of Record.... And to the end that the secret of the said art or mystery and the manner of our English building and new making of ships pinnaces and other vessels should for more strength and safety of our realms and kingdoms be kept secret to and within ourselves and our said realms and dominions and altogether unknown to aliens and strangers of other Nations, our will and pleasure is and we do by these presents for us our heirs and successors straitly charge and command that no person or persons whatsoever of the said art or mystery of Shipwrights do at any time or times hereafter directly or indirectly by any ways or means whatsoever presume or attempt to discover or make known to any foreigner or stranger not being a natural born subject of us our heirs or successors or not being naturalised or indenized nor to any other person or persons not being free and sworn of and to the said Corporation nor being a servant or apprentice to the said art or mystery the secrets of the said trade art or mystery or the special manner of our English building or new making of ships pinnaces or other vessels as aforesaid, nor do take any alien or stranger born being not naturalised or indenized to be his or their apprentice or servant, upon pain of our high displeasure and of such further punishment as by the laws and statutes of this realm or the ordinances and laws so made or to be made by the said Master Wardens and Assistants or the greater part of them as aforesaid can or may be inflicted upon such offender or offenders for the same. And to the end our will and pleasure herein may be the better observed and performed and the offender punished we do further by these presents give and grant [_power to_] impose upon every such offender a reasonable fine according to the quality of his offence at the discretion of the said Master Wardens and Assistants or the more part of them, the same fine to be forfeited and paid by the person or persons so offending to the sole benefit use and behoof of the said Corporation for the better maintenance and upholding of the same and relieving of the poor of the said Corporation. [_Power_] to examine and punish by fine or such other correction as the quality of the offence shall deserve and require every person which shall unlawfully depart or go away from his work after he hath been hired or agreed withal for wages before the time or times of his retainer or retainers be expired, or shall be found to grow mutinous stubborn or disobedient or in any way a provoker seducer or enticer of any other to any mutiny or disobedience to the hurt injury or likelihood of hurt or injury of the said Corporation or of the good government and order therein or of any service whatsoever, and also to examine hear and order all and every the complaints of or against any shipwright or other workmen of the said Corporation art or profession or of or against any of his or their journeymen apprentices or servants. And of our more ample grace certain knowledge and mere motion and for the better suppressing and reformation of the deceits and abuses first above mentioned [_power given_] to and for the said Master and Wardens or any two of them for the time being and also to and for any two of the said Assistants or other two persons being skilful or which hereafter shall be skilful in the said art or mystery being thereunto deputed and authorised by writing under the common seal of the said Master Wardens and Commonalty, first taking his or their corporal oath or oaths upon the Evangelist ... for the due execution of their said offices or places ... at all convenient time or times, taking with them if need so require a constable or any other his Majesty's officer or officers of the city town or place, to search view and survey all manner of timber wood and other stuff provided prepared and fitted for the building making or repairing of any ships pinnaces or other vessels in any place or places whatsoever within our realm of England and dominion of Wales or in either of them, and also to search view and survey all and every the works and workmanship of all and every person and persons whatsoever in making working building or repairing ... any manner of ships pinnaces boats or other vessels whatsoever within our said realm of England and dominion of Wales or either of them, and that it shall and may be lawful to and for the said Master and Wardens or any two of them or their deputies so authorised as aforesaid all and singular ships pinnaces boats and other vessels hereafter to be built to view search and survey, and such of them whereof the timber work at the time of such search shall not be fully finished and which at the time of such search view or survey so to be made as aforesaid shall be found to be so insufficiently falsely and deceitfully made wrought or repaired as they must needs be by that means dangerous to such as shall use or employ them, to arrest and stay until the same shall be reformed amended repaired and made fit for navigation. And our further will and pleasure is that if the said persons before by these presents authorised to make such search as aforesaid or any of them shall happen to find any sappy wood red wood or other insufficient wood or timber to be put into any ships pinnaces or other vessels or hewn wrought and fitted for that purpose, that then the said persons or any of them shall forthwith charge and warn the makers or owners of such ships pinnaces or other vessels forthwith to take away the said sappy wood red wood and other insufficient wood and timber and to supply the same with other sufficient timber and wood. And if within convenient time after such charge and warning given as is aforesaid the said sappy wood red wood and other insufficient wood and timber be not taken away and the same supplied with other good and sufficient timber and wood as is aforesaid, that then it shall and may be lawful to and for the said Master and Wardens or any two of them or any two of the said Assistants or any such deputy or deputies as aforesaid to take and deface all such sappy wood and red wood and all and singular such other timber and wood which upon any such search and view and after convenient admonition and warning given to take the same away and to supply it with better and more sufficient wood and timber they shall find to be put in or apparently intended to be put into any ship pinnace or other vessel or hewn and cut out or wrought for that purpose, manifestly tending to the prejudice and damage of us our heirs and successors or of any other our loving subjects merchants and mariners whose goods and lives are hazarded and often lost by reason of such ill stuff, the use of all which sappy and red wood and other insufficient stuff we do hereby for us our heirs and successors straitly prohibit and restrain to be used or employed in any sort in or upon any ship or other vessel. [_Power_] to impose and inflict such punishment upon every offender in that behalf either by fine or imprisonment or both of them as by the laws or statutes of this realm or by any laws or ordinances to be made by the said Corporation as is aforesaid shall or may be imposed or inflicted upon them for their offences in that behalf or otherwise that the said Master and Wardens or any two of them or such other person or persons so authorised as aforesaid and which upon such search shall find any of the deceits and abuses aforesaid shall complain thereof to some Justice or Justices of Peace within that place or county where such deceits and abuses shall be found. And we do ... straitly charge and command all and every our Justice and Justices of the Peace whatsoever to whom any such complaint or complaints shall so be made as is aforesaid that they and every of them shall by all good and lawful ways and means examine and find out the truth of the said complaints abuses and deceits, and if upon due examination thereof they shall find that any such abuses and deceits have been committed as aforesaid, that then they cause the party or parties so offending to be indicted or otherwise punished for such his and their abuses and deceits either before our Justices of Peace in the county where the same abuses and deceits shall be committed and found at their Sessions of the Peace or before the Justices of Assize of the same county or before any other lawful judge or judges, to the end that the said person or persons so offending may receive such condign punishment as by the laws and statutes of this realm can or may be inflicted upon him or them for his or their offence or offences in that behalf. And ... we do ... straitly charge and command the said Master Wardens and Assistants of the said art or mystery and their successors for the time being that once in every month at the least such search be made as is aforesaid, and that the authority hereby in that behalf to them given be put in due execution without any respect of persons or partiality whatsoever. Provided always nevertheless and our will and pleasure is that neither the Master nor Wardens of the said art or mystery for the time being or any their deputy or deputies so authorised to search as is aforesaid shall not by colour of these letters patent meddle with or do anything to the hindrance stay or prevention of any ship pinnace or other vessel that is or shall be at the time of such their search as aforesaid ready to go forth for an intended voyage or journey or the master owner mariners sailors or other officers of the same, any thing in these presents to the contrary thereof in any wise notwithstanding. [_Power_] to buy and provide in any the places beyond the Seas all such timber planks masts deals spars and wood and wooden stuff and also all pitch tar rosin and oil as they shall think necessary and convenient for the building or repairing graving or fitting of ships pinnaces or other vessels, and the same so bought and provided shall and may from time to time for ever hereafter bring or cause to be brought into this our realm of England and dominion of Wales or any part or place thereof and the same discharge and lay on land, paying to us our heirs and successors the full Custom poundage and other duties due or which hereafter shall be due to us our heirs or successors any law statute custom proclamation or any other matter cause or thing to the contrary notwithstanding. And whereas for the better maintenance of navigation and encouragement of our loving subjects to increase shipping within this our realm there is and hath been of ancient time an allowance given by us and our predecessors