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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42117	A vindication of a national-fishery wherein is asserted that the glory, wealth, strength, safety, and happiness of this kingdom, with the flourishing of trade, and growth of navigation, as also the employing of the poor of this realm, doth depend (under God) upon a national-fishery : and all the general, vulgar, (tho' erroneous) objections against encouraging the fishery of England, answer'd, and confuted : to which is added the sovreignty of British-seas.	Gander, Joseph.; Gander, Joseph. Sovereignty of the British-seas asserted.	1699 (1699)	Wing G196; ESTC R227035	28,639	110

Happy Peace wherewith God hath Blessed his Kingdom and to which all his Actions and Negotiations have hitherto tended as by your own Instructions you may finally understand But withal considering that Peace must be maintain'd by the Arm of Power which only keeps down War by keeping up Dominion His Majesty thus provoked finds it Necessary for his own Defence and safety to re-assume and keep his Antient and undoubted Right in the Dominion of these Seas and to suffer no other Prince or State to encroach upon him thereby assuming to themselves or their Admirals any Sovereign Command but to force them to perform due Homage to his Admirals and Ships and to pay them Acknowledgments as in former times they did He will also set open and protect the free Trade both of his Subjects and Allies and give them such safe Conducts and Convoy as they shall reasonably require He will suffer no other Fleets nor Men of War to keep any Guard upon these Seas or there to offer Violence to take Prizes or Booties or to give Interruption to any Lawful intercourse In a Word His Majesty is resolved as to do no Wrong so to do Justice both to his Subjects and Friends within the Limits of his Seas And this is the Real and Royal design of his Fleet whereof you may give Notice as you find Occasion to our good Neighbours in those parts that no Vmbrage may be taken of any Hostile Act or purpose to their Prejudice in any Kind So wishing you all Health and Happiness I Rest Your assured Friend and Servant JOHN COKE So what has been said is sufficient to prove the undisputable Titles of the Kings of England's Sovereignty over the British Seas and the Necessity of Maintaining and Defending it The CONCLVSION TO Conclude that by which hath been undeniably Asserted it doth evidently appear That the Kings of England by Immemorable Prescription continual Usage and Possession and also by the Acknowledgment of all the Kings Princes and States of Christendom and the Laws of this Kingdom have always held the Sovereign Propriety of the British Seas And His Majesty by Right of his Sovereignty hath Supream Commands and Iurisdiction over the Passage of his Seas and Fishing therein beyond all Contradiction And considering the Nutural Sight of these our Seas that interpose themselves between the Great Northern Commerce and that of the whole World And also that of the East West and Southern Climates and with all the vast Treasure that is got by Fishing in them daily It cannot therefore be doubted but His Majesty by reason of his Great Wisdom and Virtue and his Admirable Valour And the Diligent Care of his Faithful and Loyal Subjects may without injustice to any Prince or State be made the Greatest Monarch for Wealth and Command in the World and his People the most Opulent Flourishing of any in the Universe And the Sovereignty of the Seas being the most Precious Jewel of his Imperial Crown and next under God the Principal Means of our Wealth and Safety all true English Men are bound by all Possible Means of Honour and Industry to preserve it with the utmost Hazard of their Lives and Fortunes Thus you see what Wonderful Advantages may redound to the Felicity and Glory of this Nation if God gives us Hearts and Resolutions to Vindicate those Rights which are most Impiously and Injuriously Invaded by our Neighbours FINIS Vid Seld. Mare Clausum 138. * And many dies ‡ Rich. 2. Fitz Herbert Tit. Protection 46. * Rob. Belknap An Eminent Judg in his tim affirmed ● That the Sea is subject to the King as a part of this Kingdom or of the Patrimony of the Crown ☞ Object ☞ ☞ * The King b The Kingdom would promote Trade ☜ c All intended for Building Men of War as a Guard to the Kingdom And if we had the Mines of Mexico and Peru in this Kingdom unless they were secured by Force of Arms they would undoubtedly lie open to any that would invade us ☞ ☜ ☞ ☞ ☞ Observ Note That we might make the same advantages of our Fish abroad did we encourage this National-Fishery ☞ Note if this National Fishery were encouraged there would undoubtedly acrue to the Crown above 400000l per Annum ☞ Observ ☞ Hugo Grotius Lib. 1. Lib. 2. Guil. Malmesb lib. 2. Cap. 8. Am. 26 part page 276. Vide Edw. Coke part 5. fol. 108. and in Con Littleton Sect. 439. fol. 260. Note p. 38. Remark Rot. Par. 31. Edw. 1. Membran 16. ☞ ☞ * * ☞ * The Downs White-Hall 16 April 1635. our Style * And for these Reasons stand the fairest of any People in the World to be Lords of the Seas and give Laws to the whole World by our Naval-Force

be enriched by Commerce if they do not secure themselves by Force either by Sea or Land as Opportunity offers or the Necessity requires 'T is undoubtedly the Interest of the Nation to stand as well upon their Guard in times of Peace as in War that they may give no Opportunity to an Enemy to Surprise us by Sea or Land And since there is so great a Necessity for the Defence of the Nation to support our Navgation by this Fishery certainly our Senatours will take Care that the Grandeur of these Glorious Kingdoms shall not be ecclipsed by the growing Greatness of our Neighbours who have and still do encroach upon the Sovereignty of the British Seas which is the only Diadem of the Imperial Crown of these Dominions and the Port Cullizes and Guard of the Realm But the Fishery if encouraged will be for the Good of the Kingdom in General from the King to the Peasant or meanest Subject and in some measure take off the Burthen of the Taxes this Nation hath so long struggl'd under and not only make the Exchequer the Greatest Bank in the World but oblige the Treasure of the East and West-Indies comparatively to meet in our Streets And also preserve a perpetual Union amongst the Subjects of England let them be never so Retrogade in their Opinion as to their Profession of Religion And this happy Union will prevent all Intestine Commotions and bid Defiance to all Foreign Invasions or Incursions And it cannot be denied but that England had formerly the richest Fishery in the World when we maintain'd the Sovereignty of the British Seas and by Computation had above 800 Fishing Ships and had it been Encourag'd by a reasonable Increase we must have had now between 2 and 3000 Fishing Ships And nothing can be more true than that the Fishery of England is the Main Pillar of the Trade and Defence of this Nation And it will not only raise the Naval Force of England but by its Growth and Flourishing be a Curb to keep under the growing Power of the French and Hollanders and bring in Great Treasure to the Kingdom as aforesaid And further if this Nursery for Seamen were Encouraged the Merchants would never want Men to carry their Ships to Sea nor be in danger of having their Men press'd in time of War which is a great Detriment to our Trade and Loss to the King and Kingdom for then we should have Sea-faring Men and Mariners enough to serve the Kingdom And in regard that some people may say that there will not be constant Employ for our Seamen in the Fishery in times of Peace and so prevent their going into Foreign Service for want of Employ at Home I have particulariz'd the respective Seasons for Fishing throughout the Year in the British Seas Of the Miraculous Treasure of the British Seas THE Coast of Great-Britain doth produce a continual Harvest of Profit and Benefit to all that do Fish there and such Shoals and Multitude of Fishes are offer'd to the Takers that it makes an Admiration to those that are employ'd among them The Summer Fishing for Herrings beginneth about Midsummer lasteth some part of August The Winter Fishing for Herring from September to the middle of November both which extend from Bonghoness in Scotland to the River Thames Mouth being a Run of above a hundred Leagues The Fishing for Cod at Allum by Whirlington and White-Haven near the Coast of Lancashire from Easter till Whitsuntide The Fishing for Hake at Aberdenie Abveswitch and other places between Wales and Ireland from Whitsuntide to St. James-Tide The Fishing for Cod and Ling about Padstow within the Land and of Severn from Christmas to Midlent The Fishing for Cod on the West part of Ireland frequented by those of Biscay and Portugal from the beginning of April until the end of June The Fishing for Cod and Ling on the North and North-East of Ireland from Michaelmas to Christmas The Fishing for Pilchers on the West-coast of England from St. James tide until Michaelmas The Fishing for Cod and Ling upon the North East of England from Easter to Midsummer The Fishing of great Staple-Ling and many other Sorts of Fish lying about the Island of Scotland and in the several parts of the British Seas all the Year long In September not many years since upon the Coast of Devonshire near Minegal five hundred Tun of Fish were taken in one day And about the same time three thousand pounds worth of Fish in one day were taken at St. Ives in Cornwal by small Boats Our five Men Boats and Cobles adventuring in a Calm to Launch out amongst the Hollands Busses not far from Robinhood's Bay returned to Whitby full freighted with Herrings and reported that they had seen some of those Busses take ten twenty and twenty four Lasts at a Draught of Herring and returned into their own Country with forty fifty and a hundred Lastes of Herring in one Buss Our Fleet of Colliers not many years since returning from Newcastle laden with Coals about the Wells near Flamborough Head and Scarborough met with such Multitudes of Cod Ling and Herring that one among the rest with certain Ship Hooks and other like Instruments drew up as much Cod and Ling in a little time as sold for well nigh as much as her whole Lading of Coals And many hundred of Ships might have been laden in two Days and two Nights Now what great Inconveniency and Detriment is this to the English Nation That we do not Encourage a National Fishery that we may retrieve those Great Advantages that we have so long taken no Notice of in regard we can Employ our Seamen throughout the whole Annual And out of which wonderful Affluence and Abundance of Fish swarming in our Seas that we may the better perceive the Infinite Gain which Foreign Nations make I will especially insist upon the Fishing of the Hollanders on our Coasts and thereby shew how by this Means principally they have risen to the Greatness of their present Grandeur 1. In Shipping 2. In Mariners 3. In Trade at home and abroad 4. In Towns and Fortifications 5. In Power at home and abroad 6. In Publick Revenue 7. In Private Wealth 8. In all manner of Provisions and Stores of Things Necessary for the Preservation of Mankind and Munitions of War Encrease Shipping Besides seven hundred Strand Boats four hundred Evars and four hundred Sullits Drivers and Tod-Boats wherewith the Hollanders Fish upon our Coasts every one of these employing another Ship to fetch Salt and carry the Fish into other Countries being in all three thousand Sail maintaining and setting on Work at least twelve thousand persons Fishers Tradesmen Women and Children They have above as it is supposed one hundred Doyer-Boats of one hundred and fifty Tuns apiece or thereabouts seven hundred Pinks and Well-Boats from sixty to one hundred Tuns Burthen which altogether Fish upon the Coast of England and Scotland for Cod and Ling

what will become of England in Ten or twenty years when in all probability they may be so Potent unless a speedy Check is put to their Carrier that we shall not be able to oppose them And 't is an Universal Maxim that the Forces of Potentates at Sea Sont des Marques de Grandeur d'Estat saith a French Author Whosoever Commands the Sea Commands the Trade of the World He that Commands the Trade Commands the Wealth of the World and consequently the World it self Again as he that is Master of a Field is said to be Master of every Town when it shall please him so he that is Master of the Sea may in some sort be said to be Master of every Countrey at least of such as are bordering on the Sea For he is at liberty to begin and end War where when and upon what Terms he pleaseth and extend his Conquests even to the Antipodes And England being encompassed with the Sea as aforesaid and abounding in Commodious and Excellent Havens Bayes and Ports it excels for Safety and Security which is no small Praise all the Neighbouring Countries in Europe if not all in the World and needs not fear any Neighbouring Nation but only that which grows Potent in Shipping for they onely can deprive us of our Main Security And if an Island can make us as the Continent And if this Nation is once over power'd at Sea we must expect to be the most miserable People in the Vniverse having for so many Generations last past Lorded it over the whole World by Sea that the very Name of the English struck a Terror into all those that durst oppose them When William the First subdued the Realm Conquerour of England that was an easy Fall it proving only prejudicial to some particular Families And he Residing in the Kingdom took all the care imaginable to preserve this Nation as already has been said by his Planting of a New-Forrest with Oaks to his perpetual Glory But if once the Naval Power of England be overcome by the French or Hollanders According to all Human Probability it must prove a Fatal overthrow so far as they can reach with Fire and Sword being Spurr'd on by Ambition and Avarice Revenge and Interest and then we should find the English saying to be too True That the French and Hollanders are like Fire and Water Good Servants but bad Masters And it is most certain that there is no other way to Maintain the Glory and Grandeur of this Kingdom but by Raising a National-Fishery which rightly understood is the Primum Mobile of the Nation 't is the only Palladium of this Realm without which 't is impossible to preserve or revive the former Glory of our Ancestors and Secure the Sovereignty of the British Seas and enrich the Kingdom by Navigation THE SOVEREIGNTY OF THE British-Seas ASSERTED ENgland hath claimed a Prerogative of the British Seas time out of Mind and amongst our former and Ancient Kings King Edgar was very Potent who possessing an Absolute Dominion of the Seas Sailed Round about it every Year and secured it with a constant Guard as it is Recorded and what Dominion King Edgar had as absolute Lord of the Sea appears in these Words I Edgar King of England and of all the Islands and of the Ocean lying round about Britain and of all the Nations that are included within the Circuit thereof Supream Lord and Governour do render Thanks to Almighty God my King who hath enlarged my Empire and Exalted it above the Royal Estate of my Progenitors who altho they arrived to the Monarchy of all England ever since Athelstan yet the Divine Goodness hath favoured me to subdue all the Kings of the Islands in the Ocean with their most Stout and Mighty Kings even as far as Norway and the Greatest Part of Ireland together with their most Famous City of Dublin So far Edgar And after him King Conutus left a Testimony of his Sovereignty over the Sea In this Expression Thou O Sea art mine c. And from the Testimony of the Saxons and the Danes we shall descend to the Government of the Normans whereby many Notable and Clear Proofs we shall find as may be gathered out of that Breviary of England called Dooms-Day Rot. Par. 48 Hen. 3. 22. Edw. 1. 2. Rich. 2. The Tribute called Danegelt was paid in the time of the English Saxons which amounted to four Shillings upon every Hide of Land for the Defending the Dominion by Sea Roger Hoverden asserteth it was paid until the Reign of King Stephen and in the Parliament Records of King Richard the Second it is Observable that a Custom was Imposed upon every thing that passed thro' the Northern Admiralty that is from the Thames along the Eastern-Shoar of England towards the North-East for the Maintaining a Guard for the Seas And this was not imposed only upon the English but also upon all the Ships of Foreigners paying at the Rate of Six pence a Tun that passed by such Ships only excepted that brought Merchandize out of Flanders to London Rot. Par. 2 Rich. 2. part 2. Act 38. Seld. Mare Clausum page 334. Rot. Fran. 5. Hen. 4. Rot. Fran. 38. Hen. 6. Rot. Par. 23 Edw. And it appeareth by Publick Records containing divers 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 which they called the Antient Superiority of the Sea was a Matter beyond all Contradiction amongst all Lawyers of that Age and asserted by the Determinations and Customs of the Law of the Land and by Express Words of the Writs and Forms of the Actions themselves And this Truth was not only comfirmed by the 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 a Ship Floating in the Sea and a King Armed with a Sword and a Shield Sitting in the Ship it self as in a Throne to set forth the Representation of the English King by Sea The first Author hereof was Edward the Third when he Guarded his own Seas with a Potent Navy consisting of Eleven Hundred Ships at which time as at others he Marched Victoriously thro' France But of all that has been said there can hardly be alledged a more convincing Argument to prove the Truth of all that hitherto hath been spoken than the acknowledgment of the Sea Dominion of the Kings of England When the Agreement was made by Edward the first of England and Phillip the Fair of France Reyner Grimhald was then Admiral of the French Navy Intercepted and spoyled on the English Seas The Goods of many Merchants that were Sailing to Flanders as well English as others and was not contented with the depredation of their Goods but he Imprisoned their Persons and delivered them up to the Officers of the King of France And

Commissioners as We have Authorised in that behalf viz. At London for Our Realms of England and Ireland and at Edenburgh for our Realm of Scotland which Licenses Our Intention is shall be yearly demanded for so many Vessels and Ships and the Tunnage thereof as shall intend to Fish for that whole Year or any part thereof upon any of our Coasts and Seas as aforesaid upon the pain of such Chastisement as shall be fit to be inflicted on such Offenders Given at our Palace at Westminster the 6th of May in the 7th Year of Our Reign of Great Britain Anno Dom ' 1609. Notwithstanding this Proclamation the Netherlanders still proceeded in the way of their Encroachment upon the Seas thro' the whole Reign of King James and were at length so bold as to contest with him and Quarrel His Majesty out of His Rights pretending because of the long Connivance of Queen Elizabeth that they had of their own a Right of Immemorial Possession And in King Charles the I's Reign a Proclamation was published for Restraint of Fishing upon His Seas and Coasts without License dated the 10th day of May in the 12th Year of his Reign This Proclamation being set forth in the Year 1636 serv'd to speak the Intent of those Naval Preparations made in the Year 1635 which were so numerous and well provided that our Netherland Neighbours were apprehensive of some Great Design in hand for the Interest of England by Sea As I might shew at large if it were requisite by certain Papers of a publick Character yet in Being But there is one which may serve instead of all and it is a very Ingenious Letter of Secretary Cokes that was written to Sir William Boswell the King 's Resident then at the Hague the Original whereof is still reserved among the Publick Papers In which Letter he sets forth the Grounds and Reason of Preparing that Royal and Gallant Navy with the King's Resolution to Maintain the Right derived from his Royal Progenitors in the Dominion of the British Seas and therefore I here render a True Copy of it so far as concerns this Business as most pertinent to our Purpose SIR BY your Letters and otherwise I perceive many Jealousies and Discourses are raised upon the Preparations of His Majesty's Fleet which is now in such forwardness that we doubt not but within this Month it will appear at Sea It is therefore expedient both for your Satisfaction and Direction to inform you particularly what was the Occasion and what is His Majesty's Intention in this Affair First we hold it a Principle not to be denied as it may be prov'd from undeniable Record That the King of Great Britain is a Monarch at Land and Sea to the full extent of His Dominions and that it concerneth Him as much to maintain His Sovereignty in theBritish Seas as within His Three Kingdoms because without That these cannot be kept safe nor He preserve His Honour and due Respect with other Nations But Commanding the Sea he may cause his Neighbours and all Countries to stand upon their Guard whensoever he thinks fit And this cannot be doubted that whosoever will encroach upon him by Sea will do it also by Land when they see their time To such Presumption Mare Liberum gave the first Warning-piece which must be answer'd with a Defence of Mare Clausum not so much by Discourse as by the lowder Language of a Powerful Navy To be better understood when over-strain'd Patience seeth no hope of preserving her Right by other Means The degrees by which His Majesty's Dominion at Sea hath of latter Years been impeached and then question'd are as Considerable as Notorious First to cherish and as it were to nourish our unthankful Neighbours we gave them Leave to gather Wealth and Strength upon our Coasts in our Ports by our Trade and by our People Then they were glad to invite our Merchants Residence with what priviledges they would desire Then they offer'd us the Sovereignty of their Estates and then they su'd for License to Fish upon our Coasts and obtained it under the Great Seal of Scotland which now they suppress And when thus by Leave or by Connivance they had possess'd themselves of our Fishings not only in Scotland but in Ireland and England and by our Staple had raised a great Stock of Trade by these Means they so increased their Shipping and Power at Sea that now they endure not to be kept at any distance Nay they are grown to that Confidence to keep Guards upon our Seas and then project an Office and Company of Assurance for the Advancement of Trade and withal prohibit us free Commerce within our Seas and take our Ships and Goods if we conform not to their Placarts What Insolences and Cruelties they have committed against us heretofore in Ireland in Greenland and in the Indies is too well known to all the World In all which tho' our Sufferings and their Wrongs may seem forgotten yet the great Interest of His Majesty's Honour is still the same and will refesh their Memories as there shall be Cause For tho' Charity must remit wrongs done to private Men yet the Reflection upon the Publick may make it a greater Charity to do Justice on crying Crimes All this notwithstanding you are to conceive that the Work of this Fleet is Revenge or Execution of Justice for these great Offences past but Chiefly for the future to stop the violent Current of that Presumption whereby the Men of War and Free-booters of all Nations abusing the Favour of His Majesty's peaceable and most gracious Government whereby he hath permitted all his Friends and Allies to make use of his Sea-ports at a reasonable and free Manner according to his Treaties have taken upon them the Boldness not only to come confidently at all times into all his Ports and Rivers but to convey their Merchant Ships so high as his Chief City and then to cast Anchor close upon his Magazines and to contemn the Commands of his Officers when they have required a further distance But which is more intolarable have assaulted and taken one another within His Majesties Chamber and within his Rivers to the Scorn and Contempt of his Dominon and Power and this being of late years an Ordinary Practice which we have endeavoured in vain to Reform by the way of Justice and Treaties the World I think will be satisfied that we have Reason to look about us And no Wise Man will doubt but it is high time to put our selves in this Equipage upon the Seas and not to suffer that Stage of Action to be taken from us for want of our Appearance So you see the General Ground upon which our Counsel Stands In particular you may take Notice and Publish as cause requires That His Majesty by his Fleet intendeth not a Rupture with any Prince or State nor to Infringe any Point of his Treaties but resolveth to continue and Maintain that