Selected quad for the lemma: end_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
end_n	esq_n	john_n	sir_n	1,346	5	9.1199	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61878	A further iustification of the present war against the United Netherlands illustrated with several sculptures / by Henry Stubbe.	Stubbe, Henry, 1632-1676.	1673 (1673)	Wing S6046; ESTC R30154	187,457	192

the one party and the D. of Burgundy and his Heirs on the other party one Article is That the Fisher-men may sail and fish without being obliged to ask leave or to take License or Safe-conduct The aforesaid Article was afterwards inserted into that famous League of Commerce called Intercursus Magm●…s and Intercursus Haereditarius made betwixt K. Henry VII and Philip Archduke of Austria Duke of Burgundy A. D. 1495. wherein They contract for them and their Heirs That the Fishermen of both their Dominions of what condition soever they be may sail any whether and fish peaceably without any impediment license or safe-conduct The same intercourse was ratified again by Henry VIII when He made a peace with Charles V. And by virtue of that League did the Dutch enjoy the priviledge of fishing in the Brittish Seas without any License or acknowledgment of K. Edward VI. Q. Mary and Q. Elizabeth The last Queen did never treat with you as a Republick nor ever intended that you should be such but She protected you as Subjects to the House of Burgundy whom She desired to preserve free from the usurpations and tyranny of the Spania ds After that England and Scotland were united in the person of K. James the condition of that League of Intercourse was much altered For the League being made by a K. of England only did not include the K. of Scotland nor entitle the Dutch to fish in those Seas without license much less exempt them there from paying the Assize-herring and other cusioms which were an unalienable part of the Regalities of that Crown Moreover you were then in 1609. acknowledged by the Heirs of the House of Burgundy viz. the K. of Spain the Arch-dukes Albert and Isabella to be Free States upon which they had no pretensions at all And if the House of Burgundy had no pretensions upon the United Provinces It is manifest that the United Provinces could not pretend to any thing by virtue of a League made purely with the Duke of Burgundy his Heirs and Successors their Dominions and Territories their Vassals and Subjects that either then were or afterwards should happen to be so For They are not Vassals and Subjects to the Successours of the Duke of Burgundy who was the Contractour at that League They are no more included therein then the K. of Denmark or Sweden Nor can They pretend that though They be no longer Subjects to the House of Burgundy yet They are in deed the people included in the League for when a Government is changed from a Republick to a Monarchy or from a Monarchy to a Dukedom or Republick it is not legally the same but the former becomes extinct as to Leagues Priviledges and Preheminences and this hath been adjudged a thousand times by the best Civilians and the common practise of Princes You must not therefore insist upon any Right of fishing by that League nor can you reckon the time past wherein you have enjoyed the fishing without license into an immemorial occupancy and prescription against the English Title For unto a Legitimate prescription It is requisit that the persons claiming thereby should be possessed immemorially of the thing claimed But you were never possessed of the Brittish fishery A tenant How long soever He hold the Land doth not prescribe against His Landlord and He with whom any thing is deposited lent or entrusted in another's behalf cannot challenge it by this title though after two hundred years That which is held by virtue of compact or League or upon sufferance without renunciation of right can never become the possessours by Prescription The League did not give away the English Dominion of the Seas but gave unto the Subjects of the House of Burgundy a freedom to fish therein without L●…se The general Civil Right did still continue in the English and at the same time that you fished without License the English rights were asserted by enforcing others to take license and pay the Assize-herring And if your fishing without license could prescribe for any body the House of Burgundy must reap the benefit thereof and not the Free States of the United Netherlands We conclude that it is not only the undoubted Right of England to dispose of and direct the Fishery but to appoint Wafters or Men of War to secure the Fishers and to exclude all other Ships from that employment and withal to take a ratable proportion of every fisher-bark towards their costs and expenses in securing the fishing Thus K. Edward IV. invested three persons with the Naval power whom the Records call Custodes Conductores Waftores Guardians Conductors and Wafters whose office it was to guard the Fisher-men upon the coast of Norfolk and Suffolk To the end therefore that the expenses of the Guard might be defraied by the Fisher-men and all others whatsoever excluded from medling with this kind of Guard or Protection He appointed four Men by name Sir John Hemingham Kt. William Hopton Edmund Yve and John Wansfleet Esq as well say the Records themselves to over-see those Guardians Conductors and Wafters as to give notice to all Fisher-men of what countrey soever who shall desire to fish in the parts aforesaid under the protection of the said N. N. that those Fisher-men and every of them do contribute to all and all manner of Costs Charges and Expenses belonging to the same Guardians and Conductors in the time of fishing according to a certain proportion They are also to arrest apprehend and commit to goal any else that shall presume to act as Wafters and Conductors And there are Letters Patents of the same tenour issued out by Richard III. and Henry VII with this additional clause that no fishermen were to be exempted from the said payments though they had Letters of publick security and protection from other Princes Hitherto we have given you a plain and perspicuous account of the Fishery what Interest and Right the English have thereunto And If we do demand any thing for special Licenses or one in General to be renewed annually or after term of years It is no more then you your selves perform and comply willingly with in the Seas of Denmark That King receiving at his Ward-house in the Sound for a License one Dollar and for the Seal or Rose a Noble of every Ship and for every last of Herrings being 12 barrels one Doller In Russia many leagues from the main the Fishermen do pay great taxes to the Emperour and in most places none but the Natives are permitted to fish but where the Hollanders are permitted to fish there they pay every tenth fish to the Emperour The King of Sweden amongst the Begalities of that Crown hath that of the Tenth fish caught in his Seas or if not that then a General composition for the fishery He hath also s●…veral districts channels or veins Royal in his Seas which are appropriated to his particular

This is averted by Secretary Naunton in al e●…ter to Sir Dudley Carleton Dec. 2. 1618. printed with the English Selden as also by Sir Iohn Borough●… Gerard. Malines Lex Mercator part 1 c. 35. Rot patent 23. Ed. 1. Membr 5. Seld. mare claus l. 2. c. 21. id ibid. Sir Iohn Boroughs of the Soveraignty of the Sea What this Duke was I know not●… but Sir Iohn Boroughs do●…h justifie the Re●…ord Intercursus magnus c. 14. edit per Zuer Boxhorn cum Apologiâ pro navigat Holland Everard Reidanus Annal. Belg. l. 1●… ad An 1598 In the year 1596. when a League was made betwixt the Queen France and the Dutch the Q. refused to admit the Dutch as a third party but rather to be comp●…ed under her as their Protectress But the K. of France would treat with and comprehend them as a Free people id ibid. l. 12. A. D. 1596. Card. Bentivogli●… History of Flanders part 3. l. 8. This is expressed in the first Article of that League This same argument would exclude them from the League of 1551. made with Mary Q. of Hungary in behalf of Charles V. had the●…e been any thing of the fishing therein which yet is never averred by the Dutch in any Writing or Memorial Nam ut subtiliter non sit ista Reip. mutatio tanta est alteratio tamen ut nec nomen maneat nec eadem dici Respublica possit Alberic Gentilis de jure belli Commentat 3 p. 206. Florentino duci ambienti ex jure veteru Reipublicae Florentinae praecedentiam supra Ferratiensem ducem ju●…isconsulti maximi abjudicârunt litem quòd Status Dueis non esset idem ac Reipublicae Novus status est si de populari mutetur in Monarchicum vice versâ tum nec subrogatum tenet jus ejus in cujus venit locum quum sit diversae naturae Nomina quae speciem significant si mutentur speciem mutant Si nomen Regni mutetur in duca●… nomen extinguitur Regnum Albericus Gentilis in disput 2. de Unione Regnotum Britanniae Confirm jure Civili Nam L. M●…le agitur C. de praescriptione 30 annorum sic dicitur Malè agitur cum dominis praediorum si tanta precariò possidentibus praerogativa defertur ut ●…as post 40 annorum spatia qualibet ratione decursa inquietare non liceat Vide L. Lessium de justitia l. 2. c. 6. dub 2. Lud. Molina de justitiâ ●…act 2. disp 62. Selden mare claus l. 2. c. 21. id ibid. Sir Iohn Boroughs of the Soveraignty of the Sea doth rec●…e the Rocord at large Sir Iohn Boroughs of the Soveraignty of the Sea Gerard. Malines Lex mercatoria part 1 c. 35. Ioan. Loccenius de jure maritimo l. 2. c 〈◊〉 Sect 2. Recessus Holm●… de an 1643. art ult Absque venia Magistratús pr●…ectique port●… Regis directione piscatio in pub●…ico non est permissa jure po●…s Suedico Ca●…oli octavi Art 14. 25. c. 29. Sect. 1. de aedif LL. prov Su●… ●…ante Locenio ibid. Sect. 3. Joan. Botero l b. 1. Europ p. 5. Joan. Palatius de dominio matis l. 1. c. 13. Sir Iohn Boroughs of the Soveraignty of the Sea Qui suo privilegio a●…titur illud amuttit Jo. Marquerdus de jure commerc l. 4. c. 3 See Secretary N●…nton's Letter to Sir Dudley Carlton Ian. 21. 1618. at the end of the English Selden Wel●…ood's maritime Laws Tit. 27. Sir Iohn Boroughs of the Soveraignty of the Sea Fe●…us in c. novit de judic n. 8. vers 2. aliis passibus ex Are●…no secundùm Innocentium 〈◊〉 Quod si privilegium concessum non subdi●… ex post facto eno●…er laedat concedentem praeter ejus intentionem resolvatur tale privilegium ipso jure possit revocati allegans textum in c. suggestum de decimis quib ad l. Sejo 10. Sect. penult ff de a●…nu leg l. fistulas 78. Sect. frumenta 3 de contrah empt Faciliùs revocatur privilegium juris dictionum Rega●…m si enormiter postmocum laedit Io. Marquardus de jure commerc l. 4. c. 3 Sect. 58. Sir Iohn Boroughs Zuerius B●…horn Apolog. pro navigat Hollander Io. Isac Pontanus discuss Histor. l. 1. c. 14. Dr. Iohn Dei's Brittish Monarchy pag. 23. W. Wel●…ood of Maritime Laws Because the injuries which the English Merchants sustained as Amboyna have been the subject of much con●…tion betwixt our Nation and that of the United Provinces and because the irregular proceedings barbarous torments and Death practised and inflicted upon the English factory there were things resented by K. James remonstrated against by K. Charles I. justified by the Dutch and revenged by the pretended Parliament in the war 1652. Yet so as that They ●…ld not cons●… to any peace except they which still survived and were acting and assisting thereat should be prosecuted by due course of Justice I have thought fit to adde the Relation of what those Innocent persius suffered What the Dutch did to the Actors of that bloody Tragedy and what Cromwel connived at in his dear friends the Province of Holland See the Preface to the defense of the East-India Company against the Dutch Remonstrance Printed at London 1632. MSS. Comment So Mr. Saint Iohns saith in his Speech to them MSS. Comment