asts, whereby divers ships had been lost, to the
great detriment and hurt of the common weal, and the perishing of no
small number of people, and forbids the destruction of any existing
marks after notice under a penalty of one hundred pounds.

In the reign of James I. a question arose as to whether the privileges
granted to the Trinity House by the act of 8th of Elizabeth included
_lighthouses_, which, it would appear, were not introduced in England
at the time it was passed. The opinion of Sir Francis Bacon was sought
in the matter, and on it an order in council was founded, 26th March,
1617. The opinion was,--'That lighthouses are marks and signs within
the meaning of the statute and charter. That there is an authority,
mixed with a trust settled in that corporation, for the erection of
such lighthouses, and other marks and signs as may serve from time to
time, as the accidents and moveable nature of the sands and channels
doth require, grounded upon the skill and experience which they have
in marine service, and this authority and trust cannot be transferred
from them by law, but as they only are answerable for the defaults, so
they only are trusted with the performance, it being a matter of a
high and precious nature, in respect of the salvation of ships and
lives, and a kind of starlight in that element.'

There is reason to believe that this sensible decision of the
attorney-general was not altogether pleasing to the king, whose habit
of selling monopolies and patents was thereby checked. That this was
the case appears from the fact, that, on Sir Francis Bacon becoming
lord-keeper, the same point of law was revived before his successor in
the office of attorney-general, Sir Henry Yelverton. The result of
this was a report that suited the king's purposes better at the time,
but was subsequently the cause of much evil, loss, and expense,
because the management of several lighthouses was thenceforth
entrusted to individuals. Without interfering with the authority
already possessed by the Trinity House, this report states that the
crown had also a power and right by the common-law to erect such
houses. 'And therefore,' says the report, 'howsoever the ordinary
authority and trust for the performance of this service is committed
to the said corporation alone, as persons of skill and trust to that
purpose, yet if they be not vigilant to perform it in all places
necessary, his majesty is not restrained to provide them a