that Libel by so many Nations Moreover truly it is worthie observation that about the very same time to wit a little before the making of the League the King of England did homage to the French King for the Dutchie of Aquitain the Earldom of Pontois and other Provinces that hee held in France that hee was also wholly deprived of them som time before by decree of the Parlament of Paris yea and that about one hundred years before King John was outed of Normandie and yet afterward that the King of England now and then regained a possession of it and that before the time of the League and of the publication of this Libel which serv all to this end that wee may observ that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain and the absolute Dominion thereof was asscribed by so many Nations upon a Title derived time out of minde to the King of England and his Predecessors yet in the mean time no title at all was pretended in right to their possession either of Normandie or Aquitain whereupon a Dominion of any part of the Sea might in any sort bee grounded but claimed upon the sole right of the English Empire And it appear's evident by the thing it self that the things complained of by those Nations in the Libel were don by that Governor of the French Navie chiefly in the Sea near the shores of France and Flanders which were in hostilitie with each other And so certainly they all unanimously affirm that the whole Sea whereof they speak is under the Dominion of the King of England and that upon the sole Account and right of the English Empire And as for Grimbald hee did not defend himself either by a pretence of any Dominion of the King of France or by disproving of that Prescription whereupon the English Title depend's as a thing not declared according to Truth or antient Right nor did hee at all pretend that the Right which the Kings of England had in the Sea borde ring upon France did belong to them either upon the account of Normandie or any other French Province whatsoêver as Fiduciarie Clients or Vassals of the King of France though it had been convenient and very seasonable for him to have alleged all these Particulars if the Truth had been so indeed Whereby also that is not a little confirmed whereof wee discoursed before about taking the names of the shore over against us in the later Commissions of the Office of high Admiral of England for limits onely of the Sea-Dominion of the Kings of England and of the Province thereof under their protection Moreover also about seven years before the exhibiting of the aforesaid Libel to the Commissioners when as the King of France by reason of divers heinous injuries don to his Subjects by the English in this Sea required that the King of England as hee was the Fiduciarie Client or Vassal becaus of Aquitain and other Provinces that hee held under him in France should bee questioned not onely for wrong don but also for his right to those Lands which hee held and bee summoned to appear in the Parlament of Paris the matter beeing set down at large in the Letter of Summons hee inserted nothing therein whereby hee might seem to arrogate any Sea-Dominion at all to himself or diminish that which belong'd to the King of England as you may see in I lorilegus who hath set down an entire Copie of them in his Annals The same Autor also speaking of the same Time saith At that time there was neither Lord nor Law over the Sea men but what every man was able to catch or snatch hee called his own which plainly denote's an extraordinarie Licence or of Depredation and infesting the Sea yet so to bee understood that in the mean time the incomparable power of the English in Shipping which guarded their Dominion by Sea according to the Custom of their Ancestors was chiefly signified thereby the King very freely permitting his Subjects to use depredations by Sea as long as the war continued For Florilegus himself relate's that great numbers both of French and Spaniards were then taken at Sea by the English Yea and about that time Thomas of Walsingham write's that either a French or Norman Navie of two hundred Sail which roved about this Sea to rob the English were overcom by a Fleet of sixtie English Ships and brought into England There is also another antient Autor of the same time when these affairs were acted who saith That in the Month of May MCCXCIV there fell out a Quarrel between the Sea-men of the Cinque-Ports of England and the Sea-men of France and it was determined by a fight at Sea wherein the English with a Fleet of one hundred Sail took two hundred Ships of France and drowned or killed almost all the Sea-men of France for which caus Philip King of France endeavored to take away Gascoign from the King of England Others there are likewise that have other expressions touching these things whereby it is easie to collect what is meant by that of Florilegus when hee saith that there was neither Lord nor Law over Sea-men at that time that is to say the King of England had let the reins loos to his Subjects as Moderator of this Sea and this hee did that they might not onely restrain his enemies but them also that should reliev his enemies in any manner whatsoêver or that should use the Sea otherwise than at his pleasure who was Lord thereof But as concerning the like acknowledgment made singly and apart by the Flemings of the Dominion of the Kings of England over the Sea I shall Treat by and by after that I have in the next place set before you the Libel it self in its own that is the Norman Tongue as it stand's recorded in the Tower of London A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter CHAP. XXVIII IN the Archives of the Tower of London where Records of above four hundred years are kept there is a bundle of Parchments which contein som affairs relating to the times of Henrie the Third and of Edward the First and Third The first contein's an agreement made between Edward the First and Guy Earl of Flanders touching their Ships bearing of Colors about this Sea to the end that they might bee the more easily known Then there are annexed three either Originals or Copies of the said Libel written at the same time For as it seem's the several Procurators of those Nations that were parties in the Complaint had their several Libels though expressed in the name of all together So that one is endorsed thus De Baiona as if that Libel had been exhibited singly by the men of Bayonne but the title run's thus De Superioritate Maris Angliae Jure Officii Admirallatûs in eodem
him out of the Catalogue of the Admirals of France yet Joannes Tilius placing him among the Governors of the French Navie call's him Roverius Grimaldus Hee also is that Admiral of the King of France who as Joannes de Beka saith had command of three hundred and fiftie Gallies that were sent by Philip the Fair in the year MCCCIV to aid the Hollanders against the Flemings There are also several particulars in the Records of France which relate to the differences then on foot between the English and French And although that Libel or any Copie of it bee not found therein if wee may credit Tilius who set forth a Catalogue of that kinde of Records yet there is that Commission among them whereby the aforesaid Auditors or Commissioners were autorised to determine of things don contrary to the League It is described by Tilius after this manner Pouvoir donè par le Roy Edovard à deux nommez accordez de sa part pour avec les deux eleuz de la part du dit Roy Phelippe d' enquerir amendir les forfaictes durant lour trefue le Dernier Juin MCCCIII Ou tresor layette Procurationes posse potestates Angliae K. Power was given by king Edward to two persons named and appointed on his part to meet with two persons chosen on the behalf of the said king Philip to make enquiry and give remedy touching Injuries committed during the Truce betwixt them the last of June MCCCIII in the Treasury in the Box intituled Procurationes posse potestateâ—s Angliae K. The Commissions bear date the same day and year whereby these Auditors or Commissioners were appointed for this purpose as wee observed before out of our own Records Nor is it of any force here to the contrarie that Commissioners were somtimes deputed in the same manner by the Princes of the shores on both sides of the Sea as also by the aforesaid Kings to determine complaints about robberies and other injuries usually don by private persons to one another by Sea and Land For if any one will collect thence that the Princes which deputed them had both an equal right in the Sea it may as well bee concluded upon the same ground that they were but part-owners of their own Countries and had an equal interest in each other 's Land Besides in such a kinde of deputation as that there is more regard had of the persons offending that are to bee tried than of the Dominion of Territories which truly is wholly to bee discovered som other way A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second CHAP. XXIX TO these let us add now the assent and voluntarie acknowledgment of the Flemings in the Parlament of England in the Reign of Edward the Second When as the Ambassadors of Robert Earl of Flanders complained of the taking of their Goods away at Sea imploring remedie of the King of England they said more than once that they were taken upon the English Sea towards the parts about Crauden within the power of the King of England and brought into England but that it appertained to the King of England to take cognisance of the crime for that hee is Lord of the said Sea and the aforesaid depredation was committed upon the aforesaid Sea within his Territorie and Jurisdiction which are the words of the Record but I shall set down the whole so far as it relate's to this business Memorandum That whereas for the reformation of certain injuries in an amicable way don by the Subjects of the Earl of Flanders to the Subjects of the Kingdom of England and by the Subjects of the said Kingdom to those of Flanders since the time that our said Lord the king undertook the Government of his kingdom several Treaties had been held between the Council of our said Lord the king and the Ambassadors of the said Earl often sent into England upon the aforesaid occasion which Treaties by reason of som impediments that happened did not aâ—tem the desired effect at length in the Parlament of our said Lord the king held at Westminster in ocâ—abis Sancti Michaâ—lis in the fourteenth year of his Reign there appeared certain Ambassadors of the said Earl to treat about reforming the aforesaid injuries in the form aforesaid And when as the said Ambassadors had been admitted by our said Lord the king to treat anew of this kinde of Iniuries these Ambassadors as other Ambassadors of the aforesaid Earl in the aforesaid Treaties did among other particulars that they required before all things make supplication That the said Lord the king would at his own sâ—â—t by virtue of his Roial Autoritie caus enquirie to bee maâ—â— and do Justice about a certain depredation laâ—ely made by the Subiects of England as they said upon the English Sea of Wines and divers other Merchandises belonging to certain men of Flanders towards the parts about CRAUDEN within the Territorie and Jurisdiction of our said Lord the king alleging that the aforesaid Wines and Merchandises taken from the said Flemings were brought within the Râ—â—â—m and Jurisdiction of the said Lord the king and that it belong'd to the king himself so to do for that HEE IS LORD OF THE SAID SEA and the aforesaid depredation was made upon the said Sea within his Terrâ—â—orâ—â— and Jurisdiction In conclusion after diligent consideration had of the Premisses in the same Parlament with the Prelates Earls Barons and other Peers of the said Realm beeing there present it was concluded upon their advice by the said Lord King that to preserv the benefit of Peace between the Subjects of England and â—landers the said Lord king do by his Roial Autoritie caus enquirie to bee made about the Goods taken at that time upon the aforesaid English Sea towards the said place of CRAUDEN and brought within the said Realm in those places where the Malefactors went with the goods so taken to the said Land of England and caus the same depredation to bee heard and determined according to Law and Reason and that the Owners of the Ships who had a hand in the said depredation and others who knowingly received the said Offendors with the Goods so taken in whole or in part may bee charged and punished thereupon as partakers of the aforesaid depredation So far that Record And Commissioners were appointed with power of Jurisdiction by the King's Commission through most of the Maritim Counties to make reparation of damages But becaus there are upon the shores over against us especially those of Zealand and there are also upon other neighboring shores besides Inlets of Rivers very many windings and turnings of the Sea flowing in whereby the land is so interwoven up and down that it cannot well bee but that the Sea also which flow's in and oftentimes remove's Banks and make's Harbors there in the same manner almost
the Coast of France For although Aquitain indeed was first added to the names of England and Ireland in that Commission while the English possessed the Dutchie of Aquitain nevertheless it not onely so remained likewise in that form of Commission constantly even after the expulsion of the English until our times but Normandie also which had never been named before in the Commission of high Admiral of England was added and this som Ages after that the English were wholly deprived of the Dutchie it self So that either these names do serv in stead of a Limit to the Sea under his protection or els wee must perforce admit contrarie to reason that they signified nothing in the Commission for so many years For wee see that those names of opposite Shore were reteined in the Admiral 's Commission even from the end of Queen Marie's Reign until our times or for the space of 77 years though the English in the mean time were not possest of the least part of France as also that Normandie was added many years before but yet long after the English were outed of its possession Nor ought any man fondly to imagine that these Names were inserted becaus of that right the King of England had to the Crown of France For indeed the Kings of England have by an antient Right usually entitled themselvs Kings of France Also the Dutchies of Aquitain and Normandie and the other Provinces of France mentioned in this Commission are comprehended in that name of the Kingdom as the lesser in the greater But if that had been the caus certainly the name of France should have been ascribed to our Admiral yea and other Officers of that Kingdom have been made in the same manner by the King of England after hee was driven thence Of which thing there is not the least evidence indeed any where exstant And it is to bee observed as soon as ever an alteration was made in the Draught of the Commission from that denomination of the Command of the Admirals of England which was derived from the Fleets and Coasts over which they had command unto that which is made up of the Kingdoms and Provinces that then an Addition was made of Aquitain to the end that the limit or bound as well on this as the other side of the Sea might bee pointed out by the Shores The name of Normandie beeing added afterwards and reteined still together with Calais and the Marches thereof and Aquitain upon the same account But while that the Kings of England were in former times possest of Normandie Aquitain and other Countries in France there are not found in the form of Commission wherein the Kingdoms and Provinces as hath been alreadie shewn are expressly nominated any other Admirals or Governors of the Maritim Province or Dominion by Sea made by them besides those to whose care the Fleets and Coasts were committed in the manner alreadie mentioned that is to say the whole Sea flowing between our British Isles and the Provinces over against them and the Fleets belonging to any Territories whatsoëver of the Kings of England were at that time by a peculiar right of the Kingdom of England in the Sea so subject to them who were so put in Command over the English Fleets and Coasts that there remained neither place nor use for any other Commanders of that kinde Which may bee said likewise of those times wherein som of the Kings of England stood possessed also of the Kingdom of France as Edward the Third and the two Henries 5 th and 6 th Nor is it a bare conjecture that they did not put any others in command over the Sea and Fleets besides those to whom by right onely of the Kingdom of England the power was committed to wit according to that right which comprehended the whole Sea flowing between but it is sufficiently proved also upon this ground that wee have the antient publick Records of those times touching the Offices constituted by our Kings in France and those Provinces beyond Sea in most whereof I finde not the least sign of the contrarie And if it bee demanded here wherefore it was that the Shore of Bretaign was omitted which in like manner lie's over against our Isle of Britain and together with the Shore of Picardie Normandie and Aquitain sufficiently take's up that whole Tract which stretcheth it self in the Realm of France before the English and Irish Sea certainly if the aforementioned reason take place there is little caus to doubt that it hapned thence becaus the King of England was not at any time so possest of Bretaign that beeing outed of it hee needed to bee very sollicitous touching the Bounds of the Sea-Territorie adjoining Distinct Lords of Territories confining on each other as were the King of England and Duke of Bretaign heretofore for Bretaign had Kings and Dukes of its own before Charls the Eight under whom Anno Dom. 1491. it was united to the Realm of France do for the most part keep their Bounds so distinct that they may bee the more evidently taken notice of by all but when of such kinde of Territories there is but one and the same Lord as the King of England was while hee possessed either Normandie or Aquitain or any other Maritim Province in France together with England hee beeing outed of either ought above all things to take care that the past confusion of possession bee not prejudicial to the future distinction of Bounds For fear then lest it might have been pretended that even the Sea adjoining or confining with those Maritim Provinces which were a long time heretofore possessed by the English and afterwards taken away was taken away together with the Provinces whenas perhaps by reason of the past confusion of possession in one and the same Lord all men might not bee sufficiently instructed touching the Bounds of the English Sea placed as wee have said upon the Shore over against us therefore for the setting forth of those Bounds the name first of Aquitain after its beeing lost was reteined in the Admiral 's Commission and then that also of Normandie was added And afterwards both of them with the name of Calais and the Marches in stead of the Shore of Picardie were for the same reason continued down to our times Which reason truly could not concern Bretaign at all nor Flanders likewise nor any other Shores lying Eastward over against us All which nevertheless do after the same manner bound the Sea-Territorie of England Moreover those things that have been hitherto observed shall bee confirmed by what wee shall add next touching the Office of Admiral among the French Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may
a perpetual peace inviolable friendship and firm concord in the following form Yea and that League was renewed in the year MDXXIII by Henrie the eight of England and Christiern the second King of Denmark and Norway in the same form The right therefore is perpetual and transmitted to the heirs of the K. of England that the English should have a free use of this more Northerly Sea belonging to Island But frequent Ambassies notwithstanding passed on both sides about that business in the Reigns of Frederick the second and Christiern the fourth Kings of Denmark and of Elisabeth Queen of England The Danes alleged that the English had no right to use this kinde of libertie without leav first obteined of the Kings of Denmark and that renewed every seven years according to that league made in the time of John the second and Henrie the seventh Moreover Nicolas Craig who was sent Ambassador into England by Christiern the fourth in the year MDXCIX pretended the agreement at Haderslabe in the year MDLXXXIII between Frederick the second and Queen Elisabeth as if it had therein been expressly provided that this servitude in the Sea of Island established by the English might bee limited by a denial of Licence at the pleasure of the King of Denmark But it was answer'd both by the Lords at home in England as also by the Queen's Commissioners sent to Bremen for the transacting of this business that this right or Sea-servitude is so confirmed to the English as well by Prescription of time as by perpetual agreements of Leagues that that particular which occurr's in the agreements of King John the second and Henrie the seventh about asking of Licence doth in no wise relate to this effect that whether it were denied or not requested by Petition that right or servitude could bee diminished but to this end onely that the English by a customarie Petitioning every seven years might acknowledg the Norwegian right in this Sea There was neither manner nor condition nor time annexed to the servitude but it took place there onely to this end that the memorie meerly of the benefit of the League or of the Original of the servitude established might bee renewed now and then by Petition Yea Frederick the second in his letters to Queen Elisabeth dated the fourth of Maie MDLXXXV most expressly disclaim's this Claus of the League which concern's Petitioning for Licence And truly the whole right of the English in that Sea was not first claimed by them upon the account of that League at Koppenhagen whatever they of Norway may pretend to the contrarie For when the Ambassadors sent heretofore by Erricus the tenth to our Henrie the fift made complaint about English men's fishing in this Sea the King of England I suppose intimate's plainly enough that hee had som right before in that Sea while at that time hee granted this onely in favor of the King of Norwaie that the English should no otherwise use Fishing there for the year immediately ensuing than as it had been usual in antient time and this hee commanded by publick Proclamation made in the more eminent Ports and Cities The time limited and the antient Custom of Fishing do plainly import som former right But here I give you the form of the Proclamations It is required that none of the Lieges of our Lord the King for certain causes specially moving our Lord the King himself do for one year next ensuing presume to go unto the Islands belonging to the kingdoms of Denmark and Norwaie and especially towards the Iste of Islande for the caus of Fishing or any other occasion to the prejudice of the King of the aforesaid kingdoms otherwise than they were wont in antient time It appear's also by Parlamentarie Records of the same King's Reign that the English used Fishing in that Sea very many years before But that League made at Haderslabe pretended before by Craig doth not relate unto Fishing either in the Sea of Island or in this of Norwaie but to the Traffick and Merchandise used then by our Merchants of the Moscovie-Companie For this onely was agreed that the Merchants of that Companie beeing constrained by Tempests or otherwise might freely have access to the shores and Ports both of Island and Norwaie but with this Reserv that they do not in any kind Traffick and use Mercbandise in the Ports of Norwaie or Island before prohibited nor molest the Subjects of the King of the said places in any thing against the Laws of Hospitalitie and that they wholly abstein from all manner of injurie which is the summe of that Answer which was given to Craig by the Peers of England But all things are clearly explained about this business and that right of the English defended at large in the Letters sent by Queen Elisabeth to Christiern the fourth bearing date Cal. Septembris Anno MDXCIX So much whereof as concern's this particular I think meet to insert At the request of the most excellent Prince your Highnesse's Father wee sent say the Queen's Letters an Ambassador into Germanie Anno MDLXXVII who Treated with his Commissioners about all matters in controversie and especially about the Fishing of Island and Norway where it was found that the King insisted onely upon a former Treatie of two years Truce wherein it was at that time agreed that the English should not sail beyond Hagaland But there were several Treaties with the Kings John and Christiern alleged on our part wherein all former controversies beeing composed it was otherwise agreed and concluded and both parties were to stand to this Treatie of general peace made afterwards not to the preceding two years Truce Which the most excellent Prince your Father acknowledging desired by his Letters that that controversie might bee referr'd to another disquisition But since that time no such disquisition hath been made Nevertheless wee understand that our subjects fishing have been taken tormented and handled in a hostile manner Whether this bee justly don all men will bee able to judg who shall weigh our Reasons with an impartial minde Wee do not deny but that the Lord Chancellor Whitfeld and de Barnico when they came unto Us did in words pretend that the fishing of Island and Norway was used by the English contrarie to the Leagues and Agreements of the Kingdoms But seeing they neither did nor could produce any proof and wee have authentick evidences attested by the Kings John and Christiern to the contrarie whereto more credit ought to bee given than to bare Allegations the matter was put off to another time It was answer'd also to D r Craig that the Transaction which was concluded with King Frederick at Haderslabe in the year of our Lord MDLXXXIII belong's nothing at all to this Business for the reason before mentioned And a little after the Letters speak thus But that which is pretended from the Treatie with King John the aforesaid Treatie at Koppenhagen that licens for fishing ought
to neglect their profit And in another Letter of the said Ambassador from the Hague to Secretarie Naunton of the 14 of Januarie 1618. Hee give 's him to understand That having been expostulated with but in friendly manner by certain of the States about his late Proposition as unseasonable and sharp they said they acknowledg their Commissioners went beyond their limits in their terms of Immemorial Possession and immuable Droict de Gens for which they had no order Then saith hee I desired them to consider what a wrong it is to challenge that upon right which these Provinces have hitherto enjoied either by connivence or courtesie and yet never without claim on his Majestie 's side c. In another Letter of Secretarie Naunton's to the Lord Ambassador Carlton of the â—1 of Januarie 1618. wee read thus AS I had dictated thus far I received direction from his Majestie to signifie to the State's-Commissioners here That albeit their earnest entreatie and his gracious consideration of the present trouble of their Church and State had moved his Majestie to consent to delay the Treatie of the great Fishing till the time craved by the Commissioners yet understanding by new and fresh complaints of his Mariners and Fishers upon the Coasts of Scotland that within these four or five last years the Low Countrie-Fishers have taken so great advantages of his Majestie 's Toleration that they have grown nearer and nearer upon his Majestie 's Coasts year by year than they did in preceding Times without leaving any Bounds for the Countrie People and Natives to Fish upon their Prince's Coasts and oppressed som of his Subjects of intent to continue their pretended possession and driven som of their great Vessels through their Nets to deter others by fear of the like violence from Fishing near them c. His Majestie cannot for bear to tell them that hee is so well perswaded of the Equitie of the States and of the Honorable respect they bear unto him and to his Subjects for his sake that they will never allow so unjust and intolerable Oppressions for restraint whereof and to prevent the inconveniences which must ensue upon the continuance of the same his Majestie hath by mee desired them to write to their Superiors to caus Proclamation to bee made prohibiting any of their Subjects to Fish within fourteen miles of his Majestie 's Coasts this year or in any time hereafter until order bee taken by Commissioners to bee autorised on both sides for a final settling of the main business His Majestie hath likewise directed mee to command you from him to make the like Declaration and Instance to the States there and to certifie his Majestie of their Answer with what convenient speed you may Thus far Secretarie Naunton to the Ambassador Now what effect the Ambassador's Negotiation with the States had appear's by a Letter of his from the Hague of the 6 of Februarie 1618 to King James himself where among other passages hee hath this I finde likewise in the manner of proceeding that treating by way of Proposition here nothing can bee exspected but their wonted dilatorie and evasive Answers their manner beeing to refer such Propositions from the States General to the States of Holland The States of Holland take advice of a certain Council residing at Delph which they call the Council of the Fisherie From them such an Answer commonly com's as may bee exspected from such an Oracle The way therefore under correction to effect your Majestie 's intent is to begin with the Fishers themselvs by publishing against the time of their going out your resolution at what distance you will permit them to Fish whereby they will hee forced to have recours to their Council of Fisherie that Council to the States of Holland and those of Holland to the States-General who then in place of beeing sought unto will for contentment of their Subjects seek unto your Majestie By these you may perceiv how earnestly the antient Rights of England were asserted and the old Claim made and renewed and a recognition made also in the Reign of that King by the Netherlanders themselvs though all proved to no purpose the King and his Council beeing afterward lull'd again into a connivence one way or other And it give 's sufficient caus to suspect that the men in Power at that time might bee charm'd with monie since it was a Quaere put by the Prince of Orange to the Ambassador Carlton in the heat of all the Controversie Whether the Freedom of Fishing might not bee redeemed with a summe of monie For turning over the Papers of Transactions of the Time immediately following I perceiv the dispute was let fall on a sudden and thereupon an opportunitie given the Netherlanders to encroach more and more every year upon the Seas and Shores of this island And so far they proceeded in this presumptuous Cours through the Toleration given them in the later end of the Reign of King James and the begining of the late Tyrant his son that at length they fell to a downright impeachment of our Rights not in words onely but by contemning the commands of the King s Officers prohibiting us free Commerce within our own Seas abusing and disturbing the Subjects at Sea and the King himself in his very Ports and Chambers and by many other actions of so intolerable a nature that in the year 1635 hee was awakened and constrained to see to the preservation of our Rights at Sea and give order for the setting forth of a powerful Fleet to check the audacious designs and attempts of those ungrateful Neighbors And the following year in prosecution of his purpose hee set forth this ensuing Proclamation entituled A Proclamation For restraint of Fishing upon His Majestie 's Seas and Coasts without LICENCE WHereas Our Father of Blessed memorie King James did in the seventh year of His reign of Great Britain set forth a Proclamation touching Fishing whereby for the many important reasons therein expressed all persons of what Nation or Qualitie soever beeing not His natural born Subjects were restrained from Fishing upon any the Coasts and Seas of Great Britain Ireland and the rest of the Isles adjacent where most usually heretofore Fishing had been until they had orderly demanded and obtained Licences from Our said Father or His Commissioners in that behalf upon pain of such chastisement as should bee fit to bee inflicted upon such wilful Offendors Since which time albeit neither Our said Father nor Our Self have made any considerable execution of the said Proclamation but have with much patience expected a voluntarie conformitie of Our Neighbors and Allies to so just and reasonable Prohibitions and Directions as are contained in the same And now finding by experience that all the inconveniences which occasioned that Proclamation are rather increased then abated Wee beeing very sensible of the premisses and well knowing how far â—ee are obliged in Honor to maintain the rights of Our Crown especially
them above other Nations but since they break out like an Inundation and with a drawn Sword declare prodigious Principles of Enmitie against the Rights and Liberties of England it is presumed a thing unquestionable that due Defences ought to be made till they bee reduced within their antient Limits For if they should bee permitted in the least to Lord it at Sea as they want not will and advantages and have given you experience of their encroaching and ambitious temper so it 's to bee feared they would bee ever seeking opportunitie to impose a Lord upon you by Land May you go on therefore Right honorable as you have begun and do and the God of Heaven go along w th you upon terms of honor Justice in such a way that men may understand as you will do no wrong at what rate they must offend you Not onely our eies but the eies of all the world are fixt upon the carriage and conduct of this noble enterprise by Sea when you have acquitted your selvs there as no doubt you will do having alreadie given the same demonstrations of wisdom and courage that you have don by Land your Wars through God's blessing will at once bee ended It will draw such a reverence repute to your affairs that men will beware how they provoke you and your worst enemies despair of any future opportunitie The late Engagements Successes of your Fleets at Sea have shewn that the great God hath owned you there That hee hath not left you destitute of means That the old English bloud sens of honor run's still in the veins of your Sea-men and thereby given you to understand that hee who hath appeared so gloriously for you in the midst of wondrous difficulties by Land will also manifest his wonders in the Deep to make a final Accomplishment of the good VVork by Sea and beeing himself alone invested with the absolute Soveraigntie of Sea Land bee pleased to continue you and your Successors his Lievtenants in both for the establishment of this Common-wealth in a plenarie possession of its Rights and Liberties to all Posteritie I am in my praiers and endeavors RIGHT HONORABLE Your Honor 's most humble and faithful Servant Marchamont Nedham November 19. 1652. THE AUTHOR'S PREFACE SOm things there are that I thought fit here to forewarn the Reader part whereof may bee necessarie even for those who are in other things very well instructed The rest likewise not unprofitable for them who while they salute Books by the way are wont through a customarie vice of temeritie to stumble in the verie Threshold Those things concern either the place of such Testimonies as are alleged or som Circumstances of the Sea-Dominion which is proved or the Title of the Work Among Testimonies besides such as are in Print and Manuscripts reserved in private men's Libraries there are not a few especially in the second Book brought out of Records or publick Monuments whose credit I suppose every indifferent Judg of matters will as once the Senate of Rome did allow better than other Witnesses at least if there bee any difference and therefore full Those which lie in private men's Libraries you will finde where they are kept in the Margin If omitted there they are in my own But as to the Testimonies taken often out of publick Records som likewise have the Place either of the Archive or Rolls or the name of the Record-keeper's Office so noted in the Margin that thereby you may know immediately where to finde them But som of these Records that are very frequently cited have no place at all nor any name of the Record-keeper expressed but the King for the most part and the Year besides the name of the Court-Roll are only noted As many as are of this kinde do relate som to those years that pass betwixt the beginning of the reign of King John and the end of Edward the Fourth others to those years that succeed down to our time They which are of the former sort having no place nor name of the Record-keeper noted are kept in the Archive of the Tower of London but those of the latter sort in the Chappel of the Rolls It had been too slight a matter to have signified thus much here to such as are acquainted with our English Records becaus by the very name of the Court-Roll as Rotulorum Patentium Rotulorum Clausorum Rotulorum Parlâ—mentariorum Rotulorum Franciae Vasconiae Alemanniae and others of that kinde which are Records belonging to the English Chancerie and by the name of the King the very place also of the Records is sufficiently known But it is necessarie to premise this in the first place as well for the sakes of my own Countrie-men who have been Strangers to the Rolls as in the behalf of Foreiners to the end that if either of them perhaps have a minde exactly to consult the Original of any testimonie thence alleged they might when the Places are so described the more conveniently do it themselvs at their own leasure if present or if absent obtein it by the assistance of friends For the Record-keepers who have a special care to preserv them safely do usually give admittance at seasonable hours to all that pleas to consult them and have them so placed as Justinian commanded concerning the Records of the Empire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that they may easily bee found by them that search As to what concern's the aforesaid circumstances of Sea-Dominion whereas there are two Propositions here so far as the term may bee born in things of a civil nature made evident The one That the Sea by the Law of Nature or Nations is not common to allmen but capable of private Dominion or proprietie as well as the Land The other That the King of Great Britain is Lord of the Sea flowing about as an inseparable and perpetual Appendant of the British Empire it is not to bee conceived that any other kinde either of Causes or Effects of Sea-Dominion are here admitted than such as have been of the Dominion of an Island Continent Port or any other Territorie whatsoëver or Province which is wont to bee reckoned in the Royal Patrimonie of Princes Nor that a less Dominion of the Sea than of the Land is derived from the nature of the Law received among Nations about the acquiring of Dominion and of Justice it self as from the Causes nor that the Effects thereof are any other than what are variously subservient to Compacts Agreements Leagues and Treaties Constitutions or Prescriptions of servitudes and other things of that nature in the same manner as the effects of Dominion by Land And therefore hee said well of old Nunc jam cessit Pontus Omnes Patitur leges The Seals now made appropriate And yield's to all the Laws of state That is to say all which are admitted in any other kinde of Territories according to the difference of things persons
such an accompt would have been either useless or too difficult for those that were not used to the Sea Yea without doubt it was no small caus of their calling the Saxons into the Island that they beeing most expert Sea-men might guard the Sea which having been newly deserted by the Roman Navie lay open at that time to the Invasions of Enemies on every side Thus much indeed seem's to bee signified by Ethelwerd an antient Writer speaking of their coming hither In those daies saith hee the Britains heard that the Saxon was a Nation active in Piracie or Navigation and strong in all kindes of Necessaries for warr throughout all the Sea-Coast from the River Rhine as far as the Citie Donia which is now commonly called Danemare To them therefore they sent Messengers with extraordinarie great Presents desiring aid promising them a peaceable intercours and amitie Thus they that were wont before to infest the British Sea are invited to its protection and amitie And truly that the Britains had a very special care at that time of the Sea-affairs and so of the Guardianship of their Sea appear's from thence that in the storie of Britain wee read concerning the most famous King Arthur and Prince Malgo that by many bloudie Battels they either added or recover'd six Comprovincial Isles of the Sea which are the very words of Geofferie of Monmouth that is to say Ireland and Shetland Gotland the Orcades Norwey and Dacia to their Dominion yea and Groenland and all the other Countries and Islands of the Eastern Sea as far as Russia and many other Islands beyond Scantia even to the farthest part of the North. And that which wee finde in Nennius the Scholar of Elvodugus is to bee understood of this time to wit that Cuneda the Grandfather of Magolcunus a Prince of the Southern Britains drave the Scots out of all the Countries and Islands of Britain Certainly for the effecting of this it was necessarie there should bee a very great strength in shipping for the guard and securitie of the neighboring Sea It is proved both from the very beginning of the Saxons Reign as also from their Forces and Victories by Sea that the English-Saxons and Danes who ruled the South-part of Britain had Dominion over the Sea CHAP. X. BEsides what hath been alreadie said of the Saxons during their Reign here there are also in antient Records divers other particulars which more plainly shew that both they and the Danes had Dominion over the Sea whilst they reigned in Britain Those particulars I divide into four parts The first respect's the Original of the most Potent Kingdom of the Saxons The second the Naval Forces and Victories of the following time The third the Tributes and Duties of fiduciarie Clients or Vassals belonging to the maintenance of the Navie Lastly several plain and most evident testimonies concerning the Soveraigntie of the English-Saxon Kings at that time over the Sea In the first beginning of the Reign of the English-Saxons I reckon both the coming of Octha and Ebissa invited hither by Vortigern upon the perswasion of Hengist as also the arrival of King AElla in Sussex Hee possessed himself of the Sea and the Southern shores they of the Northern Concerning the Naval Forces of Octha and Ebissa Nennius the Scholar of El. vodugus who usually passeth up and down also by the name of Gildas speak's thus They sailing about the Picts with fortie Vessels called Ciulae spoiled the Orcade's Islands and came and possessed very many Isles and Regions beyond Mare â—resicum meaning Bodotria or the Firth of Edinburgh which lie's between us and the Scots even as far as the Borders of the Picts And Hengist by degrees drew those Ciulae to himself so that they forsook the Isles which they inhabited It could hardly bee more plainly expressed that the Nation beeing accustomed to the Affairs of Navigation and Wars by Sea having thus gotten a great part of Britain did first secure that inseparable Appendant of the Island or the Sea having brought over a numerous Force for the accomplishment of this design As to what concern's AElla they write that hee with his sons Cissa and Cimenus and a Navie very well appointed with Militarie Forces arrived upon the shore of Sussex neer Witering Cimenshore so called heretofore from this Cimenus and that having driven away the Britains hee possessed the Sea-Coast and sending daily for new Aids out of Germanie hee at length enlarged his Kingdom along the Eastern shores as far as the River Humber and was the first of the English Saxons that attained here to so large a Dominion Also that his posteritie enjoied this Kingdom about LXX years But truly it could hardly bee that they who were eminently powerfull in shipping and had made so happie a Progress upon the shore should not in like manner bee Masters of the Sea it self especially seeing wee finde not the least testimonie that any others were at that time of any considerable strength in shipping upon this Coast. But as for the Naval Forces and Victories of the succeeding Kings both Danes and English-Saxons they are to bee seen every where in Joannes Asserius Bishop of Shirburn William the Monk of Malmsburie Henrie Arch-Deacon of Huntingdon Roger Hoveden Florentius of Worcester and Florilegus but especially in the Acts of K. Alfred Edward the elder Athelstan Edgar Ethelred and Harold And questionless long after the beginning of the Saxons Reign this Countrie flourisht not a little in shipping for the mainteining of the Soveraigntie of the Sea as may bee collected both from the Customs of the Nation alreadie mentioned and the frequent use of Navigation from which the Merchants that used to traffick on both the shores were prohibited upon the occasion of a difference that arose betwixt Charls of France afterwards Emperor and Oâ—â—a King of the Mercians among the English-Saxons to whom the rest were in subjection Yet a freedom thereof was restored not long after by an agreement of extraordinarie benefit and advantage to the English-Saxon as wee finde in Alcuinus and William of Malmsburie But before K. Alfred their power began to decreas by Sea and that especially in the time of K. Ethelwolph when the Danes or Normans infested not onely the shores but also almost the whole Island after a most grievous manner and seized upon most of the Isles by force which lie on the west of Britain And so all was exposed to the mercie of Pirats But after that Alfred was invested in the Kingdom the defence of the Sea was restored and its Dominion established concerning whom that Asserius Bishop of Shirburn his Tutor write's thus Hee gave command for the building of Boats and Gallies that is long ships through out the Kingdom that hee might prevent his enemies and fight them by Sea and putting Pirats aboard them hee charged them to guard the passages of th Sea And a little after Hee commanded
There are saith hee four Governors of the French Sea who bear an equal command under a different title and upon several Coasts of the Sea For in antient time Aquitain was possessed by the English Bretaign by its Dukes Provence by Hereditarie Earls not by the Kings of France And therefore at that time the Admiral of France had command onely over the Belgick Sea of Picardie and Normandie as far as the Coast of Bretaign But then all the other bordering Princes chose Governors of the Sea or Admirals peculiarly for themselvs And therefore the English beeing driven out of Aquitain and the Countries of Provence and Bretaign beeing brought into subjection to the Crown of France the King supposing it not fit to innovate any thing appointed a Lievtenant and Admiral of Aquitain likewise a Governor of Bretaign with the government of the Sea as also in the Prouince of Gallia Narbonensis in a manner distinct and apart from the rest But the chief Courts of Judicature belonging to the French Admiral are setled at Paris and Roan So hee And a little after hee write's that there were Princes not a few who held the Sea-Coasts as Beneficiaries that enjoied the power of Admiral in their Territories But wee have Edicts and Decrees concerning the Admiral 's Jurisdiction over the Maritim Forces Affairs and Persons in the times of Charls the fift and sixt Lewis the 12 th Francis the first Henrie the 2 d 3 d and other Kings of France as also touching the Tenths of Spoils taken from Enemies and other things of that kinde which relate unto the Goods and Persons of such as are subject to the Crown of France upon the account of any manner of Navigation whatsoêver And in these Edicts hee is somtimes called by the King Nostre Lieutenant general per la mer greves d'icelle that is our Lieutenant general throughout the Sea and the shores thereof But this Lieutenant or Governor as they pleas to call him of the Sea was never at all in command over any part of the Sea flowing between France and Britain as over a Province or Territorie to bee defended for the King of France after the same manner as the Admiral of England but in the Sea onely over the Naval Forces Persons and Affairs belonging to the French Jurisdiction much after the same manner as a Soveraign Prince take's cognizance of Offendors of his own Retinue in a Forein Territorie and rule 's them as at home but without any pretence of his to a right of Dominion in that Territorie Which truly there is no man but will conceiv that shall in the first place observ the defect and deep silence of antient Testimonies touching such a kinde of Dominion among the French besides the Qualitie of that Government among them and at length the entire and most ample Power alwaies exercised throughout the Sea and the shore lying about it under the sole command of the English and will but compare it for so many Revolutions of years with those so long broken and divided Dominions upon the opposite shore of France and with the late addition of the Sea-Coast to the Kingdom of France according to those things which have been alreadie spoken about it It is clear that there are no Testimonies before our time concerning any Dominion of this sea belonging to the King of France Nor are there any in our time except certain Lawyers who speak of it either by the By or in a Rhetorical flourish onely not in a way of asserting it by strength of Arguments Of these things I have spoken alreadie in the former Book where also other matters are alleged of special observation which confirm what is handled in this particular But now let us add hereunto that the very French Historians both of the past and present Age do affirm that in antient times the Kings of France therefore either had no Admirals at all or els that they were constituted now and then onely as occasion required becaus they had no Empire over the Sea as Tilius saith expresly in the place above-mentioned In vain therefore doth Popellinerius reprehend those Historians in saying it is fals becaus Normandie Picardie and Flanders were heretofore under the French Dominion For not to mention this that the Kings of France reigned a long time without the possession of Normandie and Flanders and reteined not any other shore besides that of Picardie as appear's by what hath been alreadie shewn and by the frequent Testimonie of Historians and the consequence doth not appear to bee good that they had any command over the Sea becaus they were in possession of som Sea-Coast no more truly than it may bee concluded that a man is Lord of a River in France becaus hee hath Lands lying by it whereas by received Custom according to the Law of France the King is Owner of all Rivers that are Navigable where they belong not to som subject by a particular prescription of possession or som other title besides the possession of the adjacent Land as the Custom is not unusual also in other places But as to what concern's the Qualitie of this Maritim Government among the French it is to bee considered that as every one of the more eminent Offices or Governments hath a peculiar place in their high Court of Parlament and that according to the nature of the Government as it chiefly respect's any Province or Government within the limits of the French Dominion as the Constable the Grand Escuyer or Master of the Hors the Grand Master and others yet the Admiral of France hath no place at all upon that account As it was determined in the time of Henrie the second when such a place was plainly denied to Gaspar Collignie Admiral of France as hee was Admiral or had the Maritim Government but it was granted him as Governor of the Isle of France as they call it under the King For by the title of Admiral hee had no Government in Chief within the limits of the Kingdom but becaus beeing Admiral of the Fleets and Sea in the aforesaid sens which is out of the King's Dominion hee exercised Jurisdiction over Persons and Affairs onely upon the Accompt of the Sea therefore in this respect hee was to bee denied any place For which caus likewise it came to pass as it seem's that those four distinct Admirals before-mentioned have in like manner also a Government of Provinces from which they are wont to bee denominated as wee understand by these passages alreadie cited out of Choppinus and others that write of this matter So they that have any principal command within the limits of the Kingdom that is within the shores of France do enjoie an equal privilege with the other more eminent dignities of the Realm Moreover also the Regulation of those Rivers whereof the King of France is Lord are not under the Admiral 's Government but under the special charge of those
were newly designed to cross over into Bretaign that they might bee arm'd and set forth in the King's service The Title of this Commission is De Navibus arrestandis capiendis For arresting and seizing of ships The Form of it run's thus The KING to his beloved Thomas de Wenlok his Serjeâ—nt at Arms Lieutenant of our beloved and trustie Reginald de Cobham Admiral of our Fleet of ships from the mouth of the River Thames towards the Western parts greeting Bee it known unto you that wee have appointed you with all the speed that may bee used by you and such as shall bee deputed by you to arrest and seiz all ships Flie-Boats Barks and Barges of ten Tuns burthen and upward which may happen to bee found in the aforesaid Admiraltie that is in the Sea reaching from the Thames mouth toward the South and West and to caus the Flie-Boats Barks and Barges aforesaid to bee well and sufficiently arm'd and provided for the warr by the Masters and owners of the same and to bring them speedily so provided and arm'd to Sandwich except onely the ships that are order'd for the passage of our beloved and trustie Thomas de Dagworth and his men that are bound for Bretaign so that you bee readie there in your own person together with the Ships Flie-Boats Barks and Barges aforesaid so well provided and fitted for the warr upon the Saturday next before the Feast of the Apostles Simon and Jude next ensuing at the farthest to go thence upon our Command according to such direction as shall then on our part bee given to the Masters and Mariners of the aforesaid Ships Flie-Boats Barks and Barges and to take sufficient Provision for the enabling of you to do the premises in such places as you shall see most convenient except onely Church-Land you making due paiment for the same and also to seiz and arrest all those that you shall finde to oppose or resist you in the execution of the premises and them to commit into our Prisons there to abide till wee shall think fit to take farther order c. All Officers also in the said Admiraltie are commanded to yield obedience and assistance upon the same occasion The usual subscription in that Age shewing the Original Autoritie of the Commission was By the King himself and his Council But that the aforesaid Sea it self was conterned under the name of the Admiraltie is clearly manifest by what wee have alreadie shewn you And King Edward the third used his antient Right as other Kings of England did also therein as well as in the Ports themselvs or Shores of England for there are innumerable examples of the staying of all Ships whatsoêver by the King's Command in Port or Shore But that which hath been alleged about the staying of Ships and Listing them for the King's Service you are alwaies to understand it was so don according to equitie that competent Pay was to bee allowed them answerable to the proportion of Tuns and also to the number of Sea-men that were so taken into emploiment Touching which particular there are several Testimonies also to bee found in the Records of Parlament That Licence hath been usually granted to Foreiners by the Kings of England to fish in the Sea Also that the Protection given to Fisher-men by them as in their own Territorie is an antient and manifest Evidence of their Dominion by Sea CHAP. XXI AS a freedom of passage so also wee finde that a libertie of Fishing hath been obteined by Petition from the Kings of England There is a clear Testimonie hereof in that which was alleged before out of the Records of Parlament concerning those Tributes or Customs that were imposed in the time of Richard the Second upon all persons whatsoëver that used Fishing in the Sea Moreover it appear's by Records that Henrie the Sixt gave leav particularly to the French and very many other Foreiners for one whole year onely somtimes for six Months c. to go and fish throughout the Sea at all times and as often c. But this leav was granted under the name even of a Passport or safe conduct yea and a size or proportion was prescribed to their Fishing-boats or Busses that they should not bee above XXX Tuns And it is true indeed there was a kinde of consideration or condition added that som others who were subjects of the King of England might in Fishing enjoy the same securitie with Foreiners Which was for this caus onely put into the Licence that if the Foreiners did disturb or molest them they should lose the benefit of their Licence The words of that consideration or condition in the beginning of those Licences run after this manner To the end that the business of the Herring-fishing and of other Fish may bee advanced continued and mainteined for the publick good yea and that the like securitie may bee yielded and afforded to som certain Fisher-men under our obedience I suppose that those certain Fisher men under our Obedience were also the French who at that time continued in subjection to the English whereas almost all in France except the Shore of Picardie had newly revolted from the King of England That is to say at the latter end of the reign of Henrie the Sixt. But that which wee finde either here touching equal securitie or in other places somtimes also about the giving of safe conduct even to the Fishermen of England by Licence granted either to French or Flemings or Bretaigns that usually hapned when the heat of War was over a Cessation agreed on to treat of Peace or Amitie In the mean time securitie of that kinde was given on both sides now and then by agreement But by the King of England as well in respect of his beeing Lord of the place as his beeing a partie that was treating about a League or Amitie By others upon this account onely not upon that unless you understand the question to bee about the use of Ports and Shores For so no man denie's but these were Lords as well as hee Moreover also in our time leav was wont to bee asked of our Admiral for French-men to fish for Soles in the neighboring Sea for King Henrie the Fourth of France his own Table as it is affirm'd by such as have been Judges of our Admiraltie and Commanders at Sea of an antient standing yea and that the Ships of those French were seized as trespassers upon the Sea who presumed to fish there without this kinde of Licence But in the Eastern Sea which washeth the Coasts of Yorkshire and the neighboring Counties it hath been an antient Custom for the Hollanders and Zelanders to obtein leav to fish by Petition to the Governor of Scarbâ—rough Castle situate by the Sea-side in the Countie of York and this for very many years past as is affirmâ—d by that learned man M r Camden speaking of those Coasts It is worth the while saith hee to note
what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Zelanders use to have in the neighboring Sea having first obteined leav from this Castle according to the antient Custom For the English have ever granted them leav to fish reserving alwaies the honor and privilege to themselves but through a kinde of negligence resigning the profit to Strangers For it is almost incredible what a vast sum of mâ—nie the Hollanders make by this Fishing upon our Coast. So he There is another man also of very great skill and knowledg in Sea-affairs who in the time of Q. Elisabeth presented a Book to the Parlament written in the English Tongue about the Commoditie of Fishing wherein hee write's that the Hollanders and Zelanders every year toward the later end of Summer send forth four or five hundred Vessels called Buffes to fish for Herrings in this Eastern Sea Where before they fish they ask leave of Scarborough which are his very words Care was taken also by Proclamation in the time of K. James that no Foreiner should Fish in the English or Irish Sea or that which belong's to the other Isles of the Realm of England without leav first obteined and every year at least reneâ—ed from the Commissioners appointed for this purpose at London And touching the libertie of fishing granted at other times also to Foreiners by the Kings of England there are many Testimonies in other Writers But the caus why wee do not often meet with the Forms of those Licences granted either for passage or fishing in the English Sea was plainly this becaus by the Leagues that were made with the neighbor Princes a Licence or freedom of that kinde as also of Ports Shores Passage and other things was so often allowed by both Parties that as long as the League was in force the Sea served as if it were a common Field as well for the Foreiner that was in amitie as for the King of England himself who was Lord and Owner But yet in this kinde of Leagues somtimes the Fishing was restrained to certain Limits which is a thing chiefly to bee consider'd The limits related both to place and time So that according to agreement the Foreiner in amitie might not fish beyond these Limits the K. of England reteining a Dominion over the whole adjoining Sea Touching this there is a notable Example in the time of our Henrie the Fourth An agreement was made betwixt the Kings of England and France that the Subjects of both might freely use Fishing throughout that part of the Sea which is bounded on this side by the Ports of Scarborough Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine The time also was limited betwixt Autumn the Kalends of Januarie following And that the French might securely enjoy the benefit of this agreement our King directed Letters to that end unto all his Sea-Captains and Commanders Here you see plainly those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west and also from that which lie's North east of them as beeing so limited by our Henrie at his own pleasure as its Lord and Soveraign Nor was there so much as the least shadow of right or Prerogative whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North nor had hee any Countrie lying before the Sea in the South except Normandie or in the West the rest beeing held either by the Duke of Bretaign or by the King of England as wee have alreadie observed From hence truly it was a Custom for the Kings of England to give protection to Fisher-men that were Strangers somtimes by Proclamation and somtimes with a Fleet of men of War when they went to Fish either by agreement made upon treatie or by leav obteined qualifications beeing added according to the English King's pleasure There is among the Records of the time of Edward the First an Inscription Pro hominibus Hollandiae c. For the men of Holland and Zeland and Friesland to have leav to fish near Jernemuth The King's Letter for their protection follow 's thus The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting For as much as Wee have been certified that many men out of the parts of Holland Zeland and Friesland also who are in amitie with us intend now to com and fish in Our Sea near Jernemuth Wee command you that you caus publick Proclamation to bee made once or twice everie week that no persons whatsoëver imploied abroad in our service presume to caus any injurie trouble dammage hindrance or grievance to bee don unto them but rather when they stand in need that yee give them advice and assistance in such manner that they may fish and persue their own advantage without any let or impediment In Testimonie whereof Wee have caused these our Letters to bee made Patents to continue in force till after the Feast of St Martin next ensuing Witness the King at Wengham the XXVIII day of September Which was in the XXIII year of his Reign and of our Lord MCCXCV The same day also in favor of the â—arl of Holland and his Subjects hee set forth three men of War toward the farther Coast of the Sea for the safeguard as hee saith in another Letter of those Uessels belonging to your and our own Countrie that are in these daies emploied about the Herring Fishing c. and to guard your Coasts near the Sea Here hee grant's a Protection to fish And in both the Letters hee limits it within the space of two Months Hee alone also protected the Fisher-men upon the Geâ—man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Eaâ—l of Holland as well as upon the English Nor might the Fisher-men use any other kinde of Vessels but that which was prescribed by our Kings Upon which account all kindes of Fishing were somtimes prohibited and somtimes admitted this restriction onely beeing added that they should fish in such Vessels onely as were under thirtie Tuns burthen This appear's by those Letters of King Edward the Third concerning the Laws of Fishing which were directed unto his several Governors of Yarmouth Scarborough Whitby and Donwich Towns seated upon the Eastern Shore The words are these Forasmuch as wee have given Licence to the Fishermen of the aforesaid Town and to others who shall bee willing to com unto the said Town for the benefit of Fishing that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen any prohibition or Commands of ours whatsoever to the contrarie notwithstanding wee command you to permit the Fisher-men of the aforesaid
THERE IS NO MEMORIAL TO THE CONTRARY HAVE BEEN IN PEACEABLE POSSESSION OF THE SOVERAIGN LORDSHIP OF THE SEA OF ENGLAND AND OF THE ISLES WITHIN THE SAME with power of making and establishing Laws Statutes and Prohibitions of people as well of other Dominâ—â—ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right aâ—d Iustice to high and low according to the said Laws Staâ—uâ—es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of aâ—â—â—al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iudâ—â—â—nâ— aâ—d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying Sâ—â—ps otherwise furnished and â—et forth thâ—â— Merchant-men use to bee aâ—d in all other points where a man may have reasonable caus to suspect them of Robbery or other â—…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all Aâ—â—ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judiâ—aâ—ure are very seldom set down in Historiâ—â— But wee understand by the French Historie that this Griâ—bald was Govâ—â—â—or of the French Navie at the very same time Paulus AEmiliuâ— writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa â—ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Reginâ—rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left
that is Of the Superioritie or Soveraigntie of the Sea of England and the right of the Office of Admiraltie in the same as it is also in the said agreement between the King and the Earl of Flanders Also in one of the Libels to those words is added retinendis confirmandis All beeing very plainly written in the usual Character of that Age whereunto the matter relate's And there can bee no scruple touching the realitie and truth of them to any one that seeth them who is but a little acquainted with the antient writing and such kinde of Records I gave you the whole sens yea and partly the words before but now have thought fit to set down an entire Copie of the Libel as it was written at that time in the French or Norman Tongue which run's after this manner A vous Seigneurs Auditours Deputez per les Rois d' Engleterre de France a redresser les dammages faits as gentz de lour Roiaulmes des altres terres subgitz a leur seignuries per mier per terre en temps de Pees Trewes monstrent les Procurors des Praelatz et Nobles del Admiral de la mier d' Engleterre des Comminalties des Citties des Villes des Marchaunz Mariners Messagiers Peleringes de tous autres du dit Roiaulme d' Engleterre des autres terres subgits a in segnurie du dit Roy d' Engletterre d' aillours si comme de la Marine de Genue Cateloigne Espaigne Alemaigne Seland Hoyland Frise Denemarch Norway de plusours autres lieux del Empire que come LES ROYES D' ENGLETERRE PAR RAISON DU DIT ROYALME DU TEMPS D' ON T IL NY AD MEMOIRED DU CONTRARIE EUSSENT ESTE EN PAISIBLE POSSESSION DE LA SOVUEREIGNE SEIGNURIE DE LA MIER D' ENGLEIERRE ET DES ISLES ESTEAUNS EN YCELLE par ordinance establisement des lois estatutes defenses d armes des vesseaux autrement garnies que vesseaux de Marchandise et de seurté prendre et savegarde doner en tous cas que mestier serra et par ordinance de tous autres faits necessaries a la garde des pees droiture et equite entre toute manere des gentz taunt d' autre seignurie come leur propre par illeque's passanz et par soveraigne guarde et tote manere de conisance et Justice haute et basse sur les dites lois estatuts ordinances et defenses et par toutz aultres faitz queux à le governement de soveraigne seignurie appertenir purront es lieux avant ditz Et A. de B. Admirall de la dite mire deputez per le Roy de Engleterre et touz les autres Admiralls per meisme celui Roy d' Angleterre et ses Auncestres jadis Rois d' Engleterre eussent este in paisible possession de la dite soverein garde ove la conisance et Justice et toutz les aultres apertenances avantdites forspris en cas d' appell et de querele fait de eux à lour sovereigns Roys d' Engleterre de deffault de droit ou de malvais juggement et especialment par empechement metere et Justice faire seurte prendre de la pees de toute manere des gentz usaunts armes en la dite mier uo menans niefs aultrement apparallez ou garniez que n' appartenoit au nief Marchande et en toutz aultres points en queux home peut aver reasonable cause de suspection vers eaux de robberie ou des autres mesfaits Et come les Maistres des Neifs du dit Royalme d'Engleterre en absence des dits Admiralls eussent este en paisible possession de conustre et jugger des touz faicts en la dite mire entre toute manere des gentz solonâ— les lois estatuts et les defenses et Custumes Et come en le pimier article de l' Alliance nadgairs faite entre les dits Roys en les traitz sur la darrain pees de Paris soient comprises les paroles que â—ensujent en un cedule annexe à yâ—este At non in schedulâ annexâ sed in eâdem membranâ descriptum est quod sequitur unde non tam ipsos libellos qui cognitoribus edebantur quà m sive formulas eorum archetypas sive exemplaria descripta haec esse conjiciendum fortè est utì etiam ex eo quòd Admiralli Angliae nomen aliter ac per A. de B. non inseratur quae prima elementa non sunt nominis alicujus tunc temporis Angliae Admiralli in sacris Scriniis reperti Primierement il est traict accord entre nous les messagers les procurers susdits en nom des dits Roys que iceux Roys serront l'un à l'autre desores enavant bons vrayes loyaux amys eydans contre tout home sauve l' Esglise de Rome en tiele manner que si ascun ou plusieurs quicunques ils fuissent voloient depointier empescher ou troubler les dits royes es franchises es liberties privileges es drois es droitures eu es custumes de eux de leur royalmes q'ils seront bons loyaux amys aydans contre tout home que puisse viure morir à defendre gardir maintenir les franchises les liberties les privileges les droitures et les custumes desusdites Except pur le dit Roy d' Angletterre Monsieur Johan Duâ— de Braban en Brabant et ses heirs dessendans de lui et de la fille le roy d' Angleterre et excepte pur le dite nostre seigneur â—e roy de France l' excellent Prince Monsiur Aubert Roy d' Alemaigne et ces heirs royes d' Alemaine et Monsieur Johan Count de Henau en Henau Et que l'un ne serra en consail ne en aide ou l' autre perde vie membre estate ou honor Monsieur Reyner Grimbaltz Maistre de la Navie du dit Roy de France In English it run's thus To you our Lords Auditors deputed by the Kings of England and France to redress the wrongs don to the People of their Kingdoms and of other Territories subject to their Dominion by Sea and by Land in time of Peace and Truce The Procurators of the Prelates Nobles and of the Admiral of the Sea of England and of the Commonalties of Cities and Towns and of the Merchants Mariners Messengers Inhabitant strangers and all others belonging to the said Realm of England and the other Territories subject to the Dominion of the said King of England and of others under the Iurisdiction of the same As also of divers other Nations Inhabitants of the Sea-Costs of Genoa Catalonia Spain Almaign Zeland Holland Friesland Denmark and Norway and of divers other places of the Empire do declare That whereas THE KINGS OF ENGLAND By Right OF THE SAID KINGDOM FROM TIME TO TIME WHEREOF