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A33599 His Majesties propriety, and dominion on the Brittish seas asserted together with a true account of the Neatherlanders insupportable insolencies, and injuries, they have committed; and the inestimable benefits they have gained in their fishing on the English seas. As also their prodigious and horrid cruelties in the East and West-Indies, and other places. To which is added an exact mapp, containing the isles of Great Britain, and Ireland, with the several coastings, and the adjacent parts of our neighbours: by an experienced hand. Codrington, Robert, 1601-1665.; Clavell, Robert, d. 1711, attributed name. 1672 (1672) Wing C4876B; ESTC R219456 66,598 191

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though Enemies to one another should securely sayle to and fro as it were under the wings of an Arbitrator or Moderatour of the Sea and also freely should use the Sea according to such spaces and limits as they were pleased at first to appoint which without doubt is a clear Evidence of Dominion In this next place I shall cite some of the Publick Records which are kept in the Tower of London in which the Dominion of the Sea is expresly Asserted as belonging to the Kings of England We Read that Edward the Third in his Commissions given to Geoffery de Say Rot. Scotia 10. ●dvar● Governour or Commander of the Western and Southern Seas and to John de Norwich of the Northern expresseth himself in these following words We calling to mind that our Progenitors the Kings of England having before these times been Lords of the English Sea on every side yea and Defendors thereof against the Invasions of Enemies do strictly Require and Charge you by the Duty and Allegiance wherein you stand bound that you set forth to Sea with the Ships of the Ports and the other Ships that are ready and that you Arrest the other ships under our Command and that with all Diligence you make search after the Gallies and Ships of War that are abroad against Us and that stoutly and manfully you set upon them if they shall presume to bend their Course towards any part of our Dominions or the Coasts of Scotland c. Then followeth a Power to Press Seamen and other matters of that kind We read also in the Reign of the said King in the preferring of a certain Bill in Parliament which is the voice of the Estates of the Realm that he was usually accounted King or Sovereign of the Seas by all Nations The words in French are to this sence in English Rot. Parli 46. Edv. 3. The Nation of the English were ever in the Ages past Renowned for Sea-Affairs in all Countries near the Seas and they had also so numerous a Navy that the People of all Countries Esteemed and called the K. of Engl. the K. or Sovereign of the Sea Another Testimony to the same Effect we read in the Parliamentary Records of Henry the Fifth where the Tenour of the Bill runs after this manner The Commons do pray that seeing our Sovereign Lord the King and his Illustrious Progenitors have ever been Lords of the Sea Rot. Parli 8. Hen. 5. and now seeing through Gods Grace it is so come to pass that our Lord the King is Lord of the Shores on both sides of the Sea such a Tribute may be imposed upon all Strangers passing through the said Sea for the Benefit and Advantage of our said Lord the King as may seem agreeable to reason for the safegard of the said Sea The Answer subscribed to the said Bill was Soit a vise par le Roy which is Let the King Himself be advised of it For the King at that time Resided in France being Lord of that Country as well by Conquest as Inheritance And Humphrey Duke of Glocester was then President of the Parliament and Leivtenant of England by whom as the Kings Deputy that Answer was given to the said Bill but when the King was present in person Le Roy S' advisera the King will Advise was the Answer from the Antient down to our present times in such Bills as were to be passed into Acts Many other Testimonies in this Nature may be produced which for brevities sake are purposely omitted Neither hath the High Court of Parliament onely given this Attestation to our Kings as Supream and Sovereign of the Seas But to confirme it we shall produce the Testimonies of Robert Belknap Rich. 2. Fitz Herbert Tit. protection 46. an Eminent Judge in the Time of Richard the Second who affirmeth that the Sea is Subject to the King as a part of his Kingdom or of the Patrimony of the Crown And it appeareth by Publick Records containing diverse main points touching which the Judges of the Land were to be consulted for the good of the Common-Wealth that the Kings Sea-Dominion Edw. Cook part 5. fol. 108. in Com. ad Littleton Sect 439. fol. 260. which they called The Antient Superiority of the Sea was a matter out of Question amongst all Lawyers of that Age and Asserted by the Determinations and Customes of the Law of the Land and by the express words of the Writs and Forms of the Actions themselves Neither is this Truth confirmed only by our Laws but by our Medals There hath been a piece of Gold very often Coyned by our Kings called a Rose-Noble which was stamped on the one side of it with a Ship floting in the Sea and a King Armed with a Sword and Shield sitting in the Ship it self as in a Throne to set forth a Representation of the English K. by Sea The first Authour hereof was Edward the Third when he Guarded his own Seas with a Numerous Navy consisting of Eleven Hundred ships at which time as at others he marched victoriously through France But what need we labour to produce so many Testimonies at home from our Records in the Tower and other places from our High Courts of Parliament from our Laws from our Coyns from our Histories to prove this Truth since it is acknowledged even by Forreigners themselves whom it most concerneth by their usual striking of sayles according to the antient Custom by every ship of any Forreign Nation whatsoever if they sayle near the Kings Navy or any ship belonging to it at Sea which is done not onely in Honour to the English King but also in acknowledgement of His Sovereignty and Dominion at Seas The Antiquity of this Custome and that it hath been in use for above these Four Hundred years may appear by this following testimony At Hastings a Town scituate upon the Shore of Sussex it was Decreed by K. John in the Second Year of His Reign with the Assent of His Peers That if the Governour or Commander of the Kings Navy in His Naval Expeditions shall meet with any Ships whatsoever by Sea either Laden or Empty Mr. Commentar de Rebus Admiral fol. 28. that shall refuse to strike their sayles at the Command of the Kings Governour or Admiral or his Lievtenant but make resistance against any who belong unto his Fleet that then they are to be reputed Enemies and if they be taken their Ships and Goods to be Confiscated as the Goods of Enemies And that although the Masters or Owners of the Ships shall Alledge afterwards that the same Ships and Goods do belong to the Friends and Allies of our Lord the King yet the persons who shall be found in these Ships are to be punished with Imprisonment at discretion for their Rebellion It was accounted Treason saith Master Selden If any ship whatsoever had not acknowledged the Dominion of the King of England in His own Sea by striking
Scarborough Castle It is worth the while saith the Reverend Mr. Cambden to observe what an extraordinary gain the Hollanders and the Zelanders do make by fishing on the English Seas having first obtained leave from the Castle of Scarborough For the English have ever granted them leave to Fish reserving always the Honour and the Priviledge to themselves but through a negligence resigning the Profit unto Strangers for it is almost incredible saith he to believe what a vast sum of Money the Hollanders do make by this Fishing upon our Coast Mr. Hitchock also in the time of Queen Elizabeth presented a Book to the Parliament written in the English Tongue concerning the Commodity of Fishing in which he specifies that the Hollanders and Zealanders every year towards the latter end of summer do send forth four or five hundred Vessels called Busses to Fish for Herrings in our Eastern Seas but before they Fish they ask leave of Scarborough they are his very Words Care was also taken by K. James that no Foreigner should Fish on the English or Irish Seas without leave first obtained and every year at the least this leave was renewed from the Commissioners for that purpose appointed at London But the Reason why we do not so often meet with these Forms of Licences is because by the Leagues made with the Neighboring Princes a Licence or Freedom of that kinde was so often allowed by both parties that as long as the League was in Force the Sea served as it were a Common Feild as well for the Forreigner that was in Amity as for the King of England himself who was the Lord and owner of it But a remarkable Example of Fishing in this Nature we finde in the days of King Henry the Fourth An Agreement was made betwixt the Kings of England and France that the Subjects of both Kingdomes might freely Fish throughout that part of the Sea wh●●● is bounded on this side by the Ports of Scarborough and Southampton and on the other side by the Coast of Flanders and the Mouth of the River of Sein The time was also limited betwixt Autumn and the beginning of January And that the French might securely enjoy the Benefit of this Agreement the King of England sent Letters unto all his Sea Captains and Commanders By this we may plainly see that these Limits wholy excluded the French from that part of the Sea which lies towards the West and South-West as also that which lieth North-East of them as being so limited by our Henry at his own pleasure as Lord and Soveraign of the whole There is amongst the Records of Edward the First an Inscription Pro Hominibus Hollandiae c. For the Men of Holland Zealand and Friesland to have leave to Fish neer Jernemuth now called Yarmouth The Kings Letter for their Protection runneth in these Words The King to his Beloved and Trusty Rot. Patent 23. Edvar John de Buteturte Warden of his Port of Jernemuth Greeting For as much as we have been certified that many men out of the Parts of Holland Zealand and Freisland who are in Amity with us intend now to come and Fish in our Seas neer unto Jernemuth we command you that publick Proclamation be made once or twice every week that no Person whatsoever imployed abroad in our Service presume to cause any Injury Trouble Dammage Hinderance or Grievance to be done unto them but rather when they stand in need that you give them Advice and Assistance in such manner that they may Fish and pursue their own Advantage without any Let or Impediment In Testimony whereof we hav● caused these our Letters to be made Patents and to continue in Force until after the Feast of St. Martins next ensuing Here you see that the King granteth a Protection to Fish and he Limits i● within the space of two Moneths He alone also Protected the Fishermen upon the German Coast nor might the Fishermen use any other kind of Vessels then what were Prescribed by our Kings Upon which Accounts all kind of Fishing was sometimes prohibited and sometimes admitted this Restriction being added hat they should Fish onely in such Vessels as were under the Burden of Thirty Tun● And this appears by the Letters of King Edward the Third concerning the Laws of Fishing which were directed unto the Governours of several Ports and Towns on the Eastern Shoar the Words are these For as much as We have given Licence to the Fishermen of the Neighbouring Ports and to others who shall be willing to come unto them for the Benefit of Fishing that they may Fish and make their own Advantage with Ships and Boats under the burden of thirty Tuns any Prohibition or Commands of ours whatsoever to the contrary notwithstanding we command you to permitt the Fishermen of the said Towns and others who shall be willing to come to the said places for the Benefit of Fishing to Fish and make their own Advantage with Ships and Boats under thirty Tun without any Let or Impediment any Prohibitions or Commands of ours made to the contrary in any wise notwithstanding This is evident also in the Records of King Edward the Fourth for he invested three Persons with Naval Power whose Office it was to Protect and Guard the Fishermen upon the Coasts of Norfolk and Suffolk and the charges of the Guard were to be Defrayed by the Fishermen of the said Seas at the pleasure of the King of England although they have Letters of Publick Security and Protection from Foreign Princes Neither were any Persons admitted to a Partnership in this kind of Guard except those who were appointed by the King of England least by this means perhaps it might Derogate from the English Right which is a manifest Sign and Evidence of their Dominion and Possession of the place And this may yet more clearly appear by the Laws and Limits usually set by our Kings to such Foreigners as were at Enmity with each other but in Amity with the English and to this effect is the Proclamation of King James who having made Peace with all Nations did give equal Protection to the Spaniards and the United Neatherlands at that time exercising Acts of great Hostility one against another Our Pleasure saith he and Commandment is to all our Officers and Subjects by Sea and Land that they shall Prohibite as much as in them lieth all hovering of Men of War of either Spaniard or Hollander neer to the Entry of any of our Coasts or Havens and that they shall Rescue and Succour all Merchants and others that shall fall within the Danger of any such as shall Await our Coasts And it is further to be observed that as our Kings have very often Commanded that all manner of persons should cease from Hostility throughout all the spaces extended into their Territories by Sea so they indulged the like Privilege for ever throughout the more Neighbouring Coasts of the French shore that all manner of Persons