worthie of observation that this kinde of Letters were usually superscribed and directed by our Kings to their Governors of the Sea Admirals Vice-Admirals Sea-Captains to wit the Commanders appointed by the King to take care of his Territorie by Sea whereas notwithstanding wee finde no mention at all of any such Commanders in those Passports of that kinde which were granted heretofore by the French King to the King of England when hee was to cross over into France Letters of that kinde were given to our Edward the second by King Philip the Long superscribed onely thus Phelip par la grace de Dieu Roy de France A touz noz Justiciers subgies salut Philip by the grace of God King of France To our Judges and Subjects greeting But the reason is evident why the K. of England was wont to direct his Letters to his Commanders of the Sea and the French King at that time onely to his Judges and Subjects in general To wit becaus the King of England had his Sea-Commanders throughout this whole Sea as Lord of the same and therefore when hee crost over it was not reasonable that the French K. should secure him by Sea it beeing within the bounds of the English Territorie And yet the King of France might perhaps have an Admiral at that time but onely upon the shore of Normandie and Picardie For that of Aquitain Bretaign and Narbonne were not as yet added to the patrimonie of that Crown And it was about that time or a little before that they are placed who are first ranked in the Catalogue of the Admirals of France But of later time it is true indeed that in those Passports or Letters of safe Conduct which have been granted even by the French King and other Princes bordering upon the Sea Admirals are usually named in express terms among the other kindes of Roial Officers to the end that they to whom the Passports are granted may bee secured in every place and part of their Dominion But as touching the English Command over such as pass or sail through their Sea there are many other Arguments taken as wee shall shew by and by from the manner of our King 's prescribing limits to such as sail in this Sea as also from those passages which wee have alreadie cited out of Records concerning the Tributes or Customs imposed by the English upon such as passed through the Sea And truly it is very considerable also that the Kings both of Denmark and Sweden together with the Hans-Towns very often and earnestly begg'd of Queen Elisabeth that they might have free passage through the English Sea with Provisions towards Spain during the Warr betwixt her and the Spaniard I know indeed that such a Licence was denied them not onely in respect of the Dominion of the Sea but chiefly to prevent the conveying of Provisions to the Enemie For which caus also divers Ships belonging to the Hans-Towns laden with Corn were taken by English men of Warr in the very Streights of Lisbon without the Sea-Territorie of England which went by the Scotish Sea and the West towards Portugal which was don doubtless that they might not presume to use the English Sea without the leav of the Queen But the Hans-Towns cried out thereupon that the Laws of Nations Commerce and Leagues were violated becaus their ships were so taken by the English onely upon this account that they carried Provisions to the Enemie that is in a Territorie where the English did not in the least pretend to any Dominion And concerning this particular there is a notable Question controverted by very Learned men How far they that are not enemies or would not bee called enemies may by the Law of Nations afford supplies unto an enemie But som years before the taking of these ships when the Hamburgers who in the name also of the rest of the Hans-Towns desired leav to pass through this Sea to Portugal and Spain were more than once denied any kinde of libertie to transport either Corn or Warlike necessaries they did not at all suggest that their Petition at that time was grounded upon the Law of Nations or Commerce nor that the Queen's denial was contrarie to this kinde of Law That is to say they were by her first Answer enjoined to abstein from transporting Arms with other Warlike Necessaries and Corn but saith the Queen in transporting other commodities wee shall not hinder you at all but shall with all favour permit the ships of your Subjects to abide and pass after the accustomed manner that they may perform their Voiage This Answer they did not seem to take amiss But two years after they sent into England Sebastian à Berghen their Ambassador with Petitionarie Letters desiring that the Exception in the Licence formerly granted might bee taken away and a freedom to transport all kindes of Merchandise permitted Their Petition was denied again and this moreover added That such as should presume to do the contrarie should for their bold presumption suffer the loss of all their Goods and Merchandise so carried against her Majestie 's will and pleasure if they fell into the hands of her Men of Warr or any other of her Majestie 's Subjects Thus they ever addressed themselvs by Petitions and the Queen gave Answers according to her pleasure They did not so much as pretend the Laws of Nations or of Commerce before that they understood their ships were seised in another Sea to wit that of Portugal which they conceived free for themselvs by the Law of Nations and Commerce without leav from the Queen of England Then it was they began to plead that Libertie ought not by any Law to bee denied even these men who but som years before had humbly Petitioned the Queen of England more than once for free passage through the English Sea So that that principal point as som would have it of the Law of Nations that relief ought not to bee conveyed to Enemies by a Friend was not onely the ground either of the Hans-Town's Petition or the Queen's denial but her right of Dominion by Sea was concerned also which the Hans-Towns well knew they should violate if they should pass the Queen's Seas without her leav Hereunto for the same reason those particulars relate which wee finde concerning this matter in those points that were to bee insisted on in the year MDXCVII by Witfeldius and Bernicovius Ambassadors from Christiern the fourth King of Denmark to the Queen of England Wee were say they strictly enjoined by our King to mediate with her Majestie that our Countrie men may bee permitted a freedom to transport Corn or Provision towards Spain even as wee have don formerly and do now again with all earnestness desire especially since it is supposed that the same Licence of transporting Corn is granted somtimes both to English and Dutch that our Countrie-men may not bee used in a wors manner than your own
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
what hath been alreadie spoken And from hence perhaps it is that the more antient Arms of the Kings of Man were a Ship with a Sail folded together and this Inscription added Rex Manniae Insularum King of Man of the Isles as M r Camden observ's from their Sails For the three legs of humane shape now every where known are but of later time But afterwards when Ireland was subdued by Henrie the Second and King John and Reginald King of Man brought into the power of King John the English possessing this Sea at that time with a very numerous Navie there is no reason at all to doubt but that the neighboring Sea round about was taken also into the Dominion of the English For in that Age the King of Man was no absolute Prince but beeing subdued hee paid homage to the King of England yielded under his subjection But in a short time after Alexander the Third King of Scots annexed it to the Dominion of Scotland and put in a Governor who was to assist him upon occasion with thirteen Gallies five hundred Seamen Hee recover'd the Hebrides also by driving out the Norwegians transmitted it to his posteritie Then Man returned again to the English who enjoied Ireland a long time together with it that sea-territory But the Kings of the Hebrides and of Scotland enjoied the Northern part of this Western Sea after that they had expell'd the Norwegians who were Lords here of the Sea And from hence it is that as Scotland England this Isle of Man the Hebrides and Ireland with other adjacent Isles so even the Vergivian and Deucaledonian Sea it self washing the West of Scotland and surrounding these Isles with windings and turnings ought now also to bee accounted the antient Patrimonie of the King of great Britain But there is moreover in the more Westerly part of this open and main Sea another Right belonging to the King of Great Britain and that of a verie large extent upon the Shore of America Whenas S r Humfery Gilbert Knight did by Autoritie of Queen Elisabeth transport a Colonie into the New World with design to recover certain Lands in the East parts of the Northern America which of Right belong'd to the English Dominion the Queen was by him as her Procurator put into a possession for ever to bee held by her and her heirs both of the Port called by the name of S t John which is in the Island of Baccalaos and also of the whole Sea as well as Land on every side for the space of six hundred miles Then hee received this new Kingdom of the Queen as her Beneficiarie having a Branch and a Turf deliver'd in his hands according to the usual cerimonie of England in transferring the Ownership of Lands and Possessions Nor truly was it necessarie that hee should otherwise get the Possession from whence this Dominion of the Queen and her Posteritie had its Original For as Paulus saith well there is no necessitie that hee who intend's to take possession of a Field should walk about the whole but t is sufficient if hee enter any part of that Field so long as hee doth it with a minde thought and intent to possess the Field to its utmost extent and bound Which saying may relate to Seas as well as Lands that were never taken into possession So that as Siculus Flaccus Treating of Occupatorie Lands saith Men did not possess so much land as they were able to till but they reserved as much as they were in hope they might bee able to till the like also may bee said of a Sea so taken into possession Look how much was reserved in hope of using and enjoying so much also was bounded But perhaps the first original of the Dominion of this main Sea of America did not proceed from the Possession that was acquired by Gilbert Hee rather restored and inlarged the Right of the Crown here For that Island called Baccalaos was added to the English Empire by Sebastian Chabot in the time of Henrie the Seventh And it is certain that afterwards it grew to be a Custom for the Officers belonging to the High Admiral of England in whose charge are all the Seas subject to the King of England and Ireland as King of England and Ireland to demand Tributes of such as fish't also in this Sea which was I suppose a most evident token of the King's Dominion But it was provided by an Act of Parlament in the Reign of Edward the Sixth that no Tributes of that kinde to the grievance of Fishermen should bee paid any longer How far our English Colonies lately transported into America have possessed themselvs of the Sea there I have as yet made but little enquirie Touching the Dominion of the King of Great Britain in the Scotish Sea especially toward the East and North. CHAP. XXXI THose particulars which were cited before out of the Proclamation of James King of Great Britain about the Prohibition of Fishing relate as well to the Scotish Seas on every side from whence also you must acknowledg their possession hath been reteined together with an antient Sea-Dominion That is to say all Foreiners were prohibited to Fish in these Seas without leav first obteined at Edenburgh And in those Scotish Acts of Parlament they are not so much new Laws made as old ones revived wherby it was ordeined That all manner of Fischeres that occupies the Sea and vtheres persons quhat sumever that happenis to slay Hering or quihte Fish upon the Coast or within the Iles or out with the samen within the Frithes bring them to free Ports c. where they may bee sold to the Inhabitants of the same kingdom quhairby his Maâ—esties Customes bee not defrauded and his Hienes Lieges not frustrat of the Commoditie appointed to them be God under the pain of confiscation and tynsel of the veschelles of them that cumes in the contrair hereof and escheiting of all their movable guddes to our soveraine Lords use So that use and benefit is claimed hence by a special right in that Sea otherwise truly that use and bene fit would of right no more appertein either to the King of Scotland or his Subjects than to any other whomsoêver But the Law was made concerning all Fisher-men as well strangers as Scotch-men as beeing ordeined by all the Estates of that Kingdom who so well understood both the King 's Right and also their own as subordinate to the King's by Tradition from their Ancestors or by long-continued possession and Dominion that there remained not the least ground of scruple touching that business And a Scotish Lawyer speaking about Fishing in the Eastern Sea of Scotland I cannot saith hee omit to tell you that in the past Age after a most bloudie quarrel between the Scots and Hollanders about occasions belonging to the Sea the matter was composed after this manner that in time to
thing in a manner was acknowledged by a subject of the King of Denmarks no mean man in a Letter that hee wrote som years since to a friend of his in England his name is Gudbrandus Thorlacius Bishop of Hola in Island who in a Letter sent hither Anno MDXCV to Hugh Branham Pastor of Harwich call's the Britains almost Lords there of the whole Sea There is saith hee a report now at this day that you of Britain whom I had almost called Lords of the Sea have Negotiations every Year in Groenland But the Kings of Denmark deny it here and this more Northerly Sea which belong's to Island they challenge to themselvs as they are Kings of Norway and that by antient right if not unjustly pretended To this purpose let us observ that passage which I finde in a speech of the Ambassadors of Erricus the tenth King of Norway and Denmark delivered unto our Henrie the fift which run's to this effect Most victorious King of England may it pleas your Majestie to understand that our most gratious Lord the King of Norway c. aforesaid hath certain Islands to wit Island Jeroy Hietland and manie more belonging to his Kingdom of Norway whereunto of old no persons were wont to repair out of other Countries upon any occasions whatsoëver either of Fishing or Merchandisiâ—g under peâ—il of life and limbs nor might the men of the Kingdom of Norway more than those of other Countries without special licence from his Majestie Nor might they after Licence obteined set forth out of any other place than the Citie of Bergen nor return to the same place but upon inevitable necessitie or when they ought to paie Customs and other Duties to the King's Exchequer according to the most antient Custom of Norway which hath been constantly observed time out of minde in that Kingdom Also in the year MCCCCXLV Christophor King of Denmark and Norway granted the Inhabitants of Zirickzee in Zealand a freedom of Navigation into his Kingdom Island and other Isles beeing excepted and prohibited which are the very words of the Grant Moreover out of the League made at Koppenhagen in the year of our Lord MCDXXXII between our Henrie the sixt and the same Erricus King of Norwaie and Denmark the Commissioners of the King of Denmark who held a Treatie at Bremen with the Commissioners of our Queen Elisabeth in the year MDC II about the free use of this Sea alleged this Article almost to the same sens It is provided that all Merchants and all other men whatsoëver in subjection to the King of England and France do not presume hereafter under peril of loss of life and goods to visit the Countries of Island Finmarck Halghaland or anie other prohibited places and unlawful Ports whatsoëver in the Kingdoms of Denmark Sweden and Norway Yea and som years before the use of this Sea was prohibited both to Merchants and Fisher-men unless they were bound with Merchandise to North-barn the most eminent Town of Traffick under the King of Norwaie And touching that particular there is an Act of Parlament of Henrie the sixt whereby such a kinde of Prohibition continued in force for certain years in favor of the King of Norwaie So that there were many Letters Patents afterwards granted by our Kings to their subjects of England whereby they had Licence to go unto Island Finmark and other Dominions of the King of Norway and Sweden But that Statute the rigor whereof was dispensed with at the King's pleasure by such kinde of Grants became repealed at the beginning of the Reign of King Henrie the eight And Joannes Maior making mention of that time saith A Fleet of English went everie year to Island beyond the Arctick Circle to catch Fish But what manner of determination soêver ought to bee made touching the Dominion of this more Northerly Sea yet certain it is such a perpetual servitude at least was by several agreements betwixt the Kings of England and Norwaie imposed upon it that to this day also the subjects of England enjoy a perpetual right of sailing unto Island and of using and enjoying this sea For by a League made at Koppenhagen in the year MCDXC betwixt Henrie the seventh of England and John the second King of Denmark and Norwaie it was concluded that all Merchants and Liege-men Fisher-men and any other persons whatsoëver beeing subjects of the King of England and France might for ever in time to com sail freely to the Island Tyle that is to saie Island for in that age it was generally taken for Thule as it is now also by som thither to have recours and to enter with their ships and goods and merchandise victuals and any other commodities whatsoever upon occasion of buying selling fishing or merchandising and there to abide and convers after the manner of Merchants and from thence freely to return as often as they pleas without any Prohibition molestation or impediment of Us or our heirs and successors in the Kingdoms of Denmark and Norway or of any of our Officers they paying the due rights and usual Customs as well in that Island as also in the Ports belonging to the same where they shall happen to arrive Provided alwaies that seven years immediately after the date of these presents they do Petition to renew their Licence from us and our successors Kings of Denmark and Norway to the end that so from seven years to seven years Merchants and all otheâ— persons aforesaid may for ever acknowledg us and our successors Kings of Denmark and Norway in the renewing of their Licence But that this League was not limited by any time but concerned the heirs and successors of both the parties appear's not onely in part by what hath been alleged alreadie but by the very form of the Preface which I thought meet to add in this place VVee John by the Grace of God King as aforesaid by the unanimous advice and consent of our beloved Counsellors and others the Lords and Nobles of our Kingdom of Denmark have caused a Treatie to bee had with the Orators of the most illustrious Prince Henrie by the Grace of God King of England and France our most dear Brother James Hutton Doctor of the Civil Law Thomas Clarentieux King of Arms Thomas Carter and John Beliz Merchants of Lyn about the restoring of peace and establishing a perpetual concord between our Kingdoms which Counsellors of ours and the Orators autorised in our Citie of Koppenhagen by special Commission of the afore named King of England our most dear Brother and with full power whereof wee are assured by the Letters of the said King of England have concluded that between us our heirs and successors well willers friends and allies and the most illustrious Prince Henrie King of England and France our most dear Brother his heirs and successors well willers friends and allies there bee and shall bee for ever in time to com
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 the Royal Patrimonie of England to the end that no man might question whether the Sea belong'd to his King by the Right of the Kingdom of England or of the Dutchie of Normandie or of any other Province in France Another also who wrote in the time of Henrie the Eighth saith it hath been received by antient custom that it is a dutie lying upon the King of England as Lord of the British Sea to scour the Sea of Pirates and to render the use thereof as of a publick Road or Thorow-fare whose soil is within his Patrimonie safe for Shipping For hee expresseth himself in English thus The King of the ould Custome of the Realme as the Lord of the narrow Sea is bound as it is said to scoure the Sea of the Pirates and petit robbers of the Sea So much also as to what concern's Dominion is without controversie admitted by our Lawyers of later time And it appear's by publick Records conteining divers main points touching which the Judges were to bee consulted for the good of the Common-weal in the time of King Edward the Third that the King's Sea-Dominion which they called the antient superioritie of the Sea was a matter out of question among our Lawyers of that Age. But consultation was had for the more convenient guarding of it For the whole Bench of Judges were advised with to the end so wee read it in the Records and that is especially to bee observed which wee finde here about the first beginning of the Naval Laws of the Isle of Oleron seated in the Creek of Aquitain at the mouth of the River Charente that the form of proceeding heretofore ordained and begun by Edward the first grandfather of our Lord the King and his Council at the prosecution of his Subjects may bee resumed and continued for the reteining and conserving of the antient superioritie of the Sea of England and the Autoritie of the Office of Admiraltie in the same as to the correcting expounding declaring and conserving the Laws and Statutes long since made by his Predecessors Kings of England for the mainteining of Peace and Justice among all people of what Nation soëver passing through the Sea of England and to take cognisance of all attempt to the contrarie in the same and to punish Offenders and award satisfaction to such as suffer wrong and damage Which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the holy Land interpreted declared and published in the Isle of Oleron and named in French le ley Olyroun Here you have it declared as a thing most received and certain that the King of England hath by antient right been Lord of the Sea of the same name or that which flow's about it But that whereof the Bench of Judges were to consult was onely about the orderly maintenance of this right Nor is it truly a small sign of this Dominion that Richard the First King of England beeing in the Isle of Oleron which hee possessed as seated in his own Sea not so much for that hee was Duke of Aquitain as King of England whereof wee have alreadie spoken did as sole Ruler and Moderator of Sea-affairs first publish those Naval or Sea-Laws in that his Island which hold in force to this day and from that time gave them so large and perpetual an Autoritie by that name that as the Rhodian Naval Laws as the case stand's do prove that the Rhodians in antient time were Lords of the Grecian Sea so the Laws of Oleron having obteined such a kinde of Autoritie by Sea from their first Institution must ever declare the King of England as the Autor to bee Lord of the neighboring Sea round about But som printed Copies of these Laws make them about sixtie years later than the Reign of that Richard by what autoritie I cannot tell For they relate them to have been made in the year MCCLXVI which is the fiftieth year of our Henrie the third Also in the Law of the Land it is reckoned among the Privileges of such as are absent that they who shall bee out of the Realm of England at the levying of a Fine of any Land and making Proclamations thereupon are not so bound either by a yearly prescription as heretofore or by a five years prescription as is usual of later time but that their Right remain's entire to them upon their return home if they make their claim within the like spaces of time But intra regnum within the Kingdom is by the same Law taken and that in the usual phrase for that which is intra or as it is wont to bee barbarously render'd infra Quatuor Maria within the four Seas to wit the Southern Western Eastern and that Northen Sea which washeth both the sides of that neck of Land whereby Scotland is united to England That is to say within the outmost bounds of the English Empire in those four Seas or within the opposite Shores of the Eastern and Southern Sea or Ports belonging to other Princes and within the bounds of the Northern and Western Sea which indeed are to bee bounded after another manner but yet to bee bounded that is accordirng to the extent of possession West-ward beyond the Western Shores of Ireland and by the first beginning of that Sea which is of the Scotish name and jurisdiction But that which is opposed to this Particle intra quatuor maria within the four seas is that extra quatuor Maria without the four seas or to bee in the parts so beyond the Seas that they bee beyond the bounds of the Sea-Dominion of the King of England from whence wee are to determine of the bounds or exterior limit of the Seas And although the Land of England bee somtimes used for that which is the whole Realm or English Empire as signifying the same a more ordinarie and indeed more brief expression beeing applied as is usual in stead of a more large yet it certainly appear's that extra quatuor maria without the four seas and extra Regnum without the Realm do in our Law-Books signifie the very same thing that is to say so far as the extent and latitude of the whole English Empire is comprehended in the name of Realm not as the Realm of England is now and then distinguished in our Law from Ireland which also is a distinct Dominion of the same Empire or from the other Islands which are reckoned in the Roial patrimonie of the Kings of England For it is usual in the Language of the Law so to describe him who in that sens shall bee out of the Realm And whereas in the Reign of Richard the second to an objection made against one that would avoid the yearly prescription as not bound by it for that hee was not in England it was excepted that hee was in Scotland and so within the four Seas It was thereupon answer'd and rul'd
requisite to add a few such Evidences onely as are found among several Papers of publick Transaction which are still to bee produced and will serv to shew how that claim which hath been made successively by all our Kings of the English Race was continued down to the present Times by the two Princes of the Scotish Extraction In the seventh year of the Reign of King James this Right was stoutly asserted by Proclamation and all persons excluded from the use of the Seas upon our Coasts without particular Licence the Grounds whereof you have here set down in the Proclamation it self A Proclamation TOUCHING FISHING JAMES by the Grace of God King of Great Britain France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertein Greeting Although Wee do sufficiently know by Our Experience in the Office of Regal Dignitie in which by the favor of Almightie God Wee have been placed and exercised these many years as also by the observation which Wee have made of other Christian Princes exemplarie actions how far the absoluteness of Soveraign Power extendeth it self and that in regard thereof Wee need not yield accompt to any person under God for any action of Ours which is lawfully grounded upon that Just Prerogative Yet such hath ever been and shall bee Our care and desire to give satisfaction to Our Neighbor-Princes and friends in any action which may have the least relation to their Subjects and Estates as Wee have thought good by way of friendly premonition to declare unto them all and to whomsoever it may appertain as followeth Whereas Wee have been contented since Our coming to the Crown to tolerate an indifferent and promiscuous kinde of libertie to all Our Friends whatsoever to Fish within Our Streams and upon any of Our Coasts of Great Britain Ireland and other adjacent Islands so far forth as the permission or use thereof might not redound to the impeachment of Our Prerogative Roial nor to the hurt and damage of Our loving Subjects whose preservation and flourishing Estate Wee hold Our self principally bound to advance before all worldly respects So finding that Our continuance therein hath not onely given occasion of overgreat encroachments upon Our Regalities or rather questioning for Our Right but hath been a means of daily wrongs to Our own People that exercise the Trade of Fishing as either by the multitude of strangers which do pre-occupie those places or by the inâ—uries which they receiv most commonly at their hands Our Subâ—ects are constrained to abandon their Fishing or at least are becom so discouraged in the same as they hold it better for them to betake themselvs to som other cours of living whereby not onely divers of Our Coast Towns are much decayed but the number of Mariners daily diminished which is a matter of great consequence to Our Estate considering how much the strength thereof consisteth in the power of Shipping and use of Navigation Wee have thought it now both just and necessarie in respect that Wee are now by God's favor lineally and lawfully possessed as well of the Island of Great Britain as of Ireland and the rest of the Isles adâ—acent to bethink Our selvs of good lawful means to prevent those inconveniences and many others depending upon the same In consideration whereof as Wee are desirous that the world may take notice that Wee have no intention to denie Our neighbors and allies those fruits and benefits of Peace and Friendship which may bee justly exspected at Our hands in honor and reason or are afforded by other Princes mutually in the point of Commerce and Exchange of those things which may not prove prejudicial to them so becaus som such convenient order may bee taken in this matter as may sufficiently provide for all these important considerations which do depend thereupon Wee have resolved first to give notice to all the world that Our express pleasure is That from the beginning of the Month of August next coming no person of what Nation or Qualitie soever beeing not Our natural born Subject bee permitted to Fish upon any of Our Coasts and Seas of Great Britain Ireland and the rest of the Isles adjacent where most usually heretofore any Fishing hath been until they have orderly demanded and obteined Licenses from Us or such Our Commissioners as â—ee have autorised in that behalf viz. at London for Our Realms of England and Ireland and at Edenborough for Our Realm of Scotland which Licenses Our intention is shall bee yearly demanded for so many Uessels and Ships and the Tonnage thereof as shall intend to Fish for that whole year or any part thereof upon any of Our Coasts and Seas as aforesaid upon pain of such chastisement as shall bee fit to bee inflicted upon such wilful Offendors Given at our Palace of Westminster the 6 day of May in the 7 th year of Our Reign of Great Britain Anno Dom. 1609. Notwithstanding this Proclamation the Netherlanders proceeded still in their way of encroachment upon our Seas and Coasts through the whole Reign of that King and were at length so bold as to contest with him and endeavor to baffle him out of his Rights pretending becaus of the long connivence of himself and Queen Elisabeth that they had a Right of their own by immemorial possession which som Commissioners of theirs that were sent over hither had the confidence to plead in Terminis to the King and his Council And though the King out of his tenderness to them insisted still upon his own Right by his Council to those Commissioners and by his Ambassador to their Superiors yet they made no other use of his Indulgence than to tire out his whole Reign and abuse his Patience by their artificial delaies pretenses shifts dilatorie addresses and evasive Answers And all that the King gained by the tedious disputes overtures and dispatches to and again was in conclusion onely a verbal acknowledgment of those Rights which at the same times that they acknowledged they usually designed to invade with much more insolence than before But you have the main of what passed in those daies in this particular with their insolent demeanor lively described in these following Collections taken out of several Dispatches that passed betwixt Secretarie Naunton and Dudley Carlton Lord Ambassador from the King to the States of the United Provinces In a Letter of Secretarie Naunton's to the said Ambassador dated at White-Hall the 21 of December 1618. I finde these passages I Must now let your Lordship know that the State 's Commissioners and Deputies both having attended his Majestie at New-Market and there presented their Letters of Credence returned to London on Saturday was a sevennight and upon Tuesday had Audience in the Council-Chamber where beeing required to communicate the points of their Commission they deliver'd their meditated Answer at length The Lords upon perusal of it appointed my Lord Bining and mee to attend his Majestie for
of so great consequence have thought it necessarie by the advice of Our Privie Council to renew the aforesaid restraint of Fishing upon Our aforesaid Coasts and Seas without Licence first obtained from Us and by these presents to make publick Declaration that Our resolution is at times convenient to keep such a competent strength of Shipping upon Our Seas as may by God's blessing bee sufficient both to hinder such further encroachments upon Our Regalities and assist and protect those Our good Friends and Allies who shall henceforth by virtue of Our Licences to bee first obtained endeavor to take the benefit of fishing upon Our Coasts and Seas in the places accustomed Given at Our Palace of VVestminster the tenth day of May in the twelfth year of Our Reign of England Scotland France and Ireland This Proclamation beeing set forth in the year 1636. served to speak the intent of those naval preparations made before in the year 1635. which were so numerous and well-provided that our Netherland-Neighbors beeing touched with the apprehension of som great design in hand for the Interest of England by Sea and of the guilt that lay upon their own Consciences for their bold Encroachments soon betrayed their Jealousies and Fears and in them a sens of their offences before ever the Proclamation was made publick As I might shew at large if it were requisite by certain Papers of a publick Character yet in beeing But there is one Instar omnium which may serv in stead of all and it is an acute Letter of Secretarie Coke's that was written to Sir William Boswel the King 's Resident then at the Hague the Original whereof is still reserved among the publick Papers In which Letter hee set's forth the Grounds and Reasons of preparing that gallant Navie with the King's resolution to maintain the Right derived from his Ancestors in the Dominion of the Seas and therefore I here render a true Copie of it so far as concern's this business as most pertinent to our purpose SIR BY your Letters and otherwise I perceiv many jealousies and discourses are raised upon the preparations of his Majestie 's Fleet which is now in such forwardness that wee 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 Majestie 's intention in this work First wee hold it a principle not to bee denied 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 Soveraigntie in all the British Seas as within his three Kingdoms becaus without that these cannot bee kept safe nor hee preserv his honor and due respect with other Nations But commanding the Seas hee may caus his Neighbors and all Countries to stand upon their guard whensoever hee think's fit And this cannot bee doubted that whosoëver will encroach upon him by Sea will do it by Land also when they see their time To such presumption Mare liberum gave the first warning piece which must bee answered with a defence of Mare Clausum not so much by Discourses as by the lowder Language of a powerful Navie to bee better understood when overstrained patience seeth no hope of preserving her Right by other means The Degrees by which his Majestie 's Dominion at Sea hath of later years been first impeached and then questioned are as considerable as notorious First to cherish and as it were to nurs up our unthankful neighbors Wee gave them leav 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 Merchant's Residence with what privileges they would desire Then they offered to us even the Soveraigntie of their Estates and then they sued for Licence to fish upon the Coasts and obtained it under the Great Seal of Scotland which now they suppress And when thus by leav or by connivence they had possessed themselvs of our Fishings not onely in Scotland but in Ireland and England and by our staple had raised a great stock of Trade by these means they so encreased their shipping and power at Sea that now they endure not to bee kept at any distance Nay they are grown to that confidence to keep guards upon our Seas and then to project an Office and Companie of Assurance for the advancement of Trade and withal prohibit us free commerce even within our Seas and take our ships and goods if wee conform not to their Placarts What insolencies and cruelties they have committed against us heretofore in Ireland in Groâ—nland and in the Indies is too well known to all the world In all which though our sufferings and their wrong may seem forgotten yet the great interest of his Majestie 's honor is still the same and will refresh their Memories as there shall bee caus For though charitie must remit wrongs don to private men yet the reflection upon the publick may make it a greater charitie to do Justice on crying crimes All this notwithstanding you are not to conceiv that the work of this Fleet is either 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 favor of his Majestie 's peaceable and gratious Government whereby hee hath permitted all his Friends and Allies to make use of his Seas and Ports in a reasonable and free manner and according to his Treaties have taken upon them the boldness not onely to com confidently at all times into all his Ports and Rivers but to conveie their Merchant's ships as high as his chief Citie and then to cast Anchor close upon his Magazins and to contemn the commands of his Officers when they required a farther distance But which is more intolerable have assaulted and taken one another within his Majestie 's Chamber and within his Rivers to the scorn and contempt of his Dominion and Power and this beeing of late years an ordinarie practice which wee have endeavored in vain to reform by the waies of Justice and Treaties the world I think will now bee satisfied that wee have reason to look about us And no wise man will doubt that it is high time to put our selvs in this Equipage upon the Seas and not to suffer that Stage of action to bee taken from us for want of our appearance So you see the general ground upon which our Counsels stand In particular you may take notice and publish as caus require's That his Majestie by this Fleet intendeth not a Rupture with any Prince or State nor to infringe any point of his Treaties but resolveth to continue and maintein that happie 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 fully understand But withal considering that Peace must bee mainteined by the arm of power which onely keep 's down War by keeping up Dominion his Majestie thus provoked finde's it necessarie even for his own defence and safetie 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 themselvs or their Admirals any Soveraign 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 Hee will also set open and protect the free Trade both of his Subjects and Allies And give them such safe Conduct and Convoie as they shall reasonably require Hee will suffer no other Fleets or Men of VVar to keep any guard upon these Seas or there to offer violence or take prizes or booties or to give interruption to any lawful intercours In a word his Majestie 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 Roial design of this Fleet whereof you may give part as you finde occasion to our good neighbors in those parts that no Umbrage may bee taken of any hostile act or purpose to their prejudice in any kinde So wishing you all health and happiness I rest Your assured friend and Servant JOHN COOK Whitehall 16 April 1635. our style In this Letter you see first how it was held for an undeniable principle that the King was King by Sea as well as by Land That neither the honor nor safetie of this Island and Ireland could bee maintained but by preserving the Dominion by Sea and that it is an argument that they that encroach upon us by Sea will do it also by Land when they see their time Hee declare's also how our unthankful neighbors are risen to this hight and insolence partly by grant partly by connivence but principally through their many injurious abuses of our Patience and Indulgence And lastly you may observ here what resolutions were then taken to prevent the lilâ—e injuries and preserv our English Interest in time to com But how those Resolutions were followed in the succeeding part of his Reign I shall not stand to examine onely it sufficeth here to take notice that the Claim of Sea-Dominion was made by him as well as by his Father and for a time strenuously asserted though afterward hee slackned his hand in the prosecution whereof the Netherlanders taking advantage and of our late commotions which were their Halcyon-daies and time of Harvest are now advanced to such a monstrous pitch of pride malice and ingratitude that they dare bid defiance to those antient Rights which wee have received from all Antiquitie and justifie their actions by a most unjust and bloudie war in the view of all the world What remain's then but that the Parlament and People of England should lay these things to heart with an indignation answerable to so prodigious violations and invasions They have now an opportunitie and strength given them by God O let not hearts bee wanting to make good the Claim and accomplish that work of establishing our Interests by Sea beyond the possibilitie of future impeachments Let it not bee said that England in the state of Monarchie was able to hold the Soveraigntie of the Seas so many hundred years and then lost it in the state of Libertie It is as now established with its Appendants the greatest and most glorious Republick that the Sun ever saw except the Roman God hath made it so by Land and will by Sea for without this the Land is nothing It was ever so apprehended by Kings yea by the last and worst of our Kings And shall the Founders of this famous structure of Government now in beeing who have cashiered Kings and vindicated the Rights and Liberties of this Nation upon his head and his whole posteritie and partie not assert them against perfidious Neighbors It were unpardonable in any to harbor a thought of that nature or to yield that such a blemish should bee brought upon all those glorious actions and atchievements whereby God hath freed and innobled our Land and Nation But that the people of England may bee excited to a valuation maintenance and improvement of their interest by Sea it is necessarie to let them understand what advantages are to bee made thereby and are made by others who of Usufructuaries by permission have in design now to make themselvs absolute Lords of the Fee And therefore it is very convenient here to set down an excellent Discours which was written in the time of the late King and presented by the following Title The inestimable Riches and Commodities of the British Seas THE Coast of Great Britain do yield such a continual Sea-harvest of gain and benefit to all those that with diligence do labor in the same that no time or season in the year passeth away without som apparent means of profitable imploiment especially to such as apply themselvs to Fishing which from the begining of the year unto the latter end continueth upon som part or other upon our Coasts and therein such infinite sholes and multitudes of Fishes are offered to the takers as may justly move admiration not onely to strangers but to those that daily bee imploied amongst them The Summer-Fishing for Herring beginneth about Midâ—ommer and lasteth som part of August The Winter-Fishing for Herring lasteth from September to the mid'st of November both which extend in place from Boughones in Scotland to the Thame's mouth The Fishing for Cod at Alamby Whirlington and White Haven near the Coast of Lancashire from Easter until VVhitsontide The Fishing for Hake at Aberdenie Abveswhich and other places between VVales and Ireland from VVhitsontide to Saint James tide The Fishing of Cod and Ling about Padstow within the Land and of Severn from Christmas to Mid-Lent The Fishing for Cod on the West part of Ireland frequented by those of Biscay Galicia and Portugal from the begining of April until the end of June The Fishing for Cod and Ling on the North and North-East of Ireland from Christmas until Michaëlmas The Fishing for Pilchers on the West coast of England from Saint James-tide until Michaëlmas The Fishing for Cod and Ling upon the North-East of England from Easter until 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 Minigal 500 Ton of Fish were taken in one day And about the same time three thousand pound worth of Fish in one day were taken at S t Ives in Cornwal by small Boats and other poor provisions Our five-men-Boats and cobles adventuring in a calm to launch out amongst the
Holland Busses not far from Robinhood's Bay returned to VVhitbie full fraught with Herrings and reported that they saw som of those Busses take ten twentie twentie four lasts at a draught of Herrings and returned into their own Countrie with fortie fiftie and an hundred Lasts of Herrings in one Buss. Our Fleet of Colliers not many years since returning from New-castle laden with Coals about the Well near Flanborough head and Scarborough met with such multitudes of Cod Ling and Herring that one amongst the rest with certain ship-hooks and other like iustruments drew up as much Cod and Ling in a little space of time as were sold well near for as much as her whole Lading of Cole And many hundred of ships might have been there laden in two daies and two nights Out of which wonderful affluence and abundance of Fish swarming in our Seas that wee may the better perceiv the infinite gain which Forein Nations make I will especially insist upon the Fishing of the Hollanders in our Coasts and thereby shew how by this means principally they have increased 1. In Shipping 2. In Mariners 3. In Trade 4. In Towns and Fortifications 5. In Power extern or abroad 6. In publick Revenue 7. In private wealth 8. In all manner of Provisions and store of things necessarie 1. Encreas of Shipping BEsides 700 Strand-Boats 400 Evars and 400 Sullits Drivers and Tod-boats wherewith the Hollanders fish upon their own Coasts every one of those imploying another Ship to fetch salt and carrie their Fish into other Countries beeing in all 3000 sail maintaining and setting on work at least 4000 persons Fishers Tradesmen Women and Children They have 100 Doyer Boats of 150 Tuns a piece or thereabouts 700 Pinks and Well-Boats from 60 to 100 Tuns a piece which altogether fish upon the Coasts of England and Scotland for Cod and Ling onely And each of these employ another Vessel for providing of salt and transporting of their Fish making in all 1600 ships which maintain and employ persons of all sorts 4000 at least For the Herring-season they have 1600 Busses at the least all of them Fishing onely upon our Coasts from Boughonness in Scotland to the mouth of Thames And every one of these maketh work for three other ships that attend her the one to bring in salt from Forein parts another to carrie the said salt and cask to the Busses and to bring back their Herrings and the third to transport the said Fish into Forein Countries So that the total number of ships and Busses plying the Herring-Fair is 6400 whereby every Buss one with another imployeth fortie men Mariners and Fishers within her own hold and the rest ten men a piece which amounteth to 112000 Fishers and Mariners All which maintain double if not treble so many Tradesmen Women and Children a land Moreover they have 400 other Vessels at least that take Herring at Yarmouth and there sell them for readie monie so that the Hollanders besides 300 ships before-mentioned fishing upon their own shores have at least 4800 ships onely maintained by the Seas of Great Britain by which means principally Holland beeing not so big as one of our shires of England containing not above 28 miles in length and three in breadth have encreased the number of their shipping to at least ten thousand sail beeing more then are in England France Spain Portugal Italy Denmark Poland Sweden and Russia And to this number they add every day although their Countrie it self afford's them neither materials or victual nor merchandise to bee accounted of towards their setting forth Besides these of Holland Lubeck hath 700 great ships Hamborough six hundred Embden fourteen hundred whereunto add the ships of Bremer Biscay Portugal Spain and France which for the most part fish in our Seas and it will appear that ten thousand sail of Forein Vessels and above are employed and mainteined by fishing upon our Coasts So that in Holland there are built a thousand sail at the least to supply shipwracks and augment their store which as the Prince and common Nurserie is the chiefest means onely to encreas their number 2. Encreas of Mariners THE number of ships fishing on our Coasts as beeing aforesaid 8400. If wee allow but twentie persons to every ship one with another the total of Mariners and Fishers amounteth to 168000 out of which number they daily furnish their longer Voiages to all parts of the world for by this means they are not onely enabled to brook the Seas and to know the use of the tackles and compass but are likewise instructed in the principles of Navigation and Pilotage insomuch as from hence their greatest Navigators have had their education and breeding 3. Encreas of Trade BY reason of those multitude of Ships and Mariners they have extended their Trade to all parts of the world exporting for the most part in all their Voiages our Herring and other Fish for the maintenance of the same In exchange whereof they return the several commodities of other Countries From the Southern parts as France Spain and Portugal for our Herrings they return Oils Wines Pruines Honie Wools c. with store of Coin in Specie From the Straits Velvets Sattins and all sorts of Silks Allomes Currans Oils and all Grocerie ware with much monie From the East-Countries for our Herrings and other French and Italian commodities before returned they bring home Corn Wax Flax Hemp Pitch Tar Sope-Ashes Iron Copper Steel Clap-board Wainscot Timber Deal-board Dollers and Hungarie Gilders From Germanie for Herrings and other salt Fish Iron Steel Glass Mil-stones Rhenish wines Button-plate for Armor with other Munition Silks Velvets Rashes Fustians Baratees and such like Franckford commodities with store of Rix-dollers From Brabant they return for the most part readie monie with som Tapestries and Hull-shop Yea som of our Herring are caried as far as Braseil And that which is more strange and greatly to our shame they have four hundred Ships with Fish which our men of Yarmouth within ken almost at land do vent our Herrings amongst us here in England and make us pay for the Fish taken upon our own Coast readie monie wherewith they store their own Countrie 4. Encreas of Towns and Forts BY this their large extent of Trade they are becom as it were Citizens of the whole world whereby they have so enlarged their Towns that most of them within these four hundred years are full as great again as they were before Amsterdam Leyden and Middleburgh having been lately twice enlarged and their streets and buildings so fair and orderly set forth that for beautie and strength they may compare with any other in the world upon which they bestow infinite summes of monies all originally flowing from the bountie of the Sea from whence by their labor and industrie they derive the begining of all that wealth and greatness and particularly for the Havens of the aforesaid Towns whereof som of them cost fortie fiftie or an
de Insulis cap. 14. § 46. m In Insulisâ— Brit. p. 855. n Rot. Pat. 2. Ed. 6. part 7. Rot. Pat. 2. Elizab. part 6. 〈◊〉 Rot. Pat. 2. Jacobi Regis part 19. o Cap. XIX a Rot. Scotiae 10. Ed. Memb. 16. b Rot. Parl. 46 Ed. 3. num 20. c Rot. Parl. 8 〈◊〉 5. memb 3. art 6. d Brev. 10. Caroli R. Octob. 20. seu 1634. c 1286. seu 15 Ed. 1. in Fascic de superioritate Maris in Arce Londinensi a Lib. 1. seu de Rerum divisione cap. 12. §. 5. 6. b Autor Fletâ— Ms. lib. 3. cap. 1. Bretoâ— lib. 2. cap. de Purchas c Bracton lib. 2. cap. 24. § 2. 5. fol. 56. 57. d Rot. Pat. 〈◊〉 Hen 3. memb◠〈◊〉 * Pourpreâ—â—ure is properly when a man encroacheth or when any thing is don to the nusance of the King's Tenants e Lib. 3. de Corona cap. 1. § 3. cap. 2. § â— fol. 116b. 118 a. f Fleâ—a Ms. lib. 1. cap. 20. g Cod. Ms. de Admirallatu fol. 18b. Artic. in Admirallat inquirend Edit anno 1595. num 33. h 6. Rich. 2. Fitzherbert tit Protection 46. i Seingerman lib. 2. cap. 51. k Ed. Coke part 5. fol. 108. in Comm. ad Littleton sect 439. fol. 260. l In Fascic de superioritate maris in Arce Condinensi m Edict France tom 3. tit 2. Juribus privilegiis Admirâ—â—li §. 19. Stat. 18. Ed. 1. seu de modo levandi Fines Bracton lib. 5. de exceptionibus cap. 30. fol. 437. 2. Ed. 3. fol. 9 a. 4. Ed. 3. fol. 46. pl. 30. Fitzherbert 8. Rich. 2. tit Continual Claim 13. Plowden Câ—â—ment 1. part fol. 359. 360. c. o Bracton ib. Coke 7. Jacobi R. part 8. fol. 100. Cas. Rich. Lichford p Coke part 7. in cas Calvini fal 23. q Fitzherbert tit Continual Claim 13. r Sect. 440. 441. s Sect. 677. videsis Plowden Comment part 1. fol. 359. 360 * Essoin is an alledgment of an excuse for him that is summoned or sought for to appear and answer to an action It is as much as excusatio with the Civilians Lib. 5. â—ract de Essonâ—is cap 8. §. 2. Ms. lib. 6. cap. 8. x Ms. fol. 12b. y Temp. Ed. 1. Fitzherbert tit Avowrâ—e 192. Placit 37. 38 Hen. 3. Rot. 10. Devon Itin. Suffer 47 Hen. 3. Rot. 10. Trin. 50 Hen. 3. Rot. 22. Trin. 24 Ed. 3. in Brevibus Regis inter Pilke Uenore quae in Arcis Londinensis Archivo Ejusmodi item sunt alia z Jo Cowel Instit. Juris Anglicani lib. 2. tit 1. sect 3. 4. a Andraeas Horn Ms. in speculo Justitâ—ariorum lib. 2. Joannes d ee in Monarch Britan. pag. 21. b Anno 1602 apud Camden in Annâ—libus Tom. pag. 272. Edit Londinens c Juvenal Satyr 4. * By Nobles here are meant the Rose Nobles that hee coined a Cap. 18. b Ludovic Servin Placit 11. Tom. 2. 1592. pag. 262. Edic 1609. d Servinus placit citat pag. 254. c Ms. Commentar de rebus Admiral fol. fol. 28. â— a Rot. Claus. 25 â—d 1. in Sâ—bed annex Membranae 26. Rot. Alemâ—â—â—â—e à 22 â—d 1. ad â—1 â—d 1 c. b â—ot 〈◊〉 〈◊〉 â—d 1. part 2. mâ—m 24 in doâ—so c 〈◊〉 integâ—â—on â—abâ—tur in 〈◊〉 Aâ—â—manniâ— 31 â—d 1. Mâ—mbrana 2. d Rot. Pat. 31 Ed. 1. membr 16. ult Junii c De gestiâ— Franc. li. 8. f Rot. Alemann 30 31 Ed. 1. Du Tillet en le recueil des Traictes c. fol. 40b. g Florilegus ann 1293. 3. Thomas Walsingham ann 1294. Alii h Anno 1293. i Anno 1294. k Anno 1297 l Ms. * * Or Commissioners a De Gestis Francorum lib. 8. b De rebus Galliâ—is li. 2. c Chronic. Episcop Ultraject Comit. Holland pag. 93. d Recueil des Traictes c. fol. 40. e Rot. Claus. 2â—1 Ed. 3. par 1. membran 25. dors Rot. â—â—anciae 10 Hâ—n 8. c. f Rot. Pat. 14 Ed. 2. part 2. Membran 26. in dorso b Ms. in Bibliothecâ Cottonianâ 3 Hen. 5. c Jacobus Chiffletius in Epistolá Dedictoriâ— ad Comitem de Olivares Portui Iccto praefixâ a CAP. 24. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b Topograph Hiberniae dist 2. cap. 15. c L. 4. § 11 l. 5. 6. ff tit Finium Regundorum d Cicero de Officiis lib. 1. d 1602. apud G. Camden in Aâ—nalib â—â—m 2. pag. â—â—3 〈…〉 e Stat. Hibernic 5. Ed. 4. cap. â— f Gerardus Malinius in Lege mercatoriâ cap. 35. pag. 189. g Proclam 7. Jacobi 6. Martii h Hist. Eccles lib. 2. cap. 9. j â—…m 〈…〉 â—40 k 〈…〉 pag. 847. l Chronic. Manniae anno 〈…〉 â—…t cart 14. â—â—â—â—nis R. membran in dorso m 〈…〉 hist Scot lib. 13. n â—ackluâ—s in his Voyages Tom. 2. pag. 151. o L. 3. ff â—t de acquir Rer. Dom. p De Conditionibus Agrorum q His Commission you may finde Rot. Franc. 12. Hen. 7. r Stat. 2. 3. Ed. 6. cap. 6. b Proclam 7 Jacobi Marâ—ii 6. c Parlam 4. Jacobi R. 6. cap. 60. Parlament 6. ejusdem cap. 86. d Guil. Welwodus de Dominio Maris cap 3. e In Append. ad Sigebert Gemblac Anno 1197. f Topograph Hiberniae dist 2. cap. 11. g Historia Ecclesiastica lib. 10. pag. 767. h Ex Tabulis publicis Ferrerius in Appendice Hist. Hectoris Boëtii subjunctâ pag. 388. i Munster Cosmograph lib. 2. Gui lielm Camden in Insulâ—â— Brit. pag. 849. k Parlam 6. Mariae Reginae Scot. c. 54. b In the life of Agriâ—ola c In Advocat Hispanic lib. 1 cap. 8. d Hackluâ—t in his Voiages Tom. 1. pag. 590. e 3 Hen. 5. seu Anno Dom. 1453. in Schedis veâ—ultis bibliothecae Cottoniauae f Isaacus Pontanus in Hist. Danicâ Zuer Boxhorn in Apologiâ pro Navigatione Holland g Foed Hen. 6 Augliae Errici 10. Daniâ— R. 1432. art 6. Ex Tabulis Legationis Danicae seu Dissertationis Bremensis 1602. in in Bibliothecâ Cottonianâ h Stat. 8 H. 6 cap. 2. Rot. Parlam 8 Hen. 6. num 35. i Roâ— Franciae 18 H. 6. membran 16. Rotul Franc. 12 H. 7. Rot. Franc. 1 Ed. 5. c. k Stat. Hen. 8. 〈◊〉 1. l De Gest s Sâ—oâ—oâ—um l. 1. m Foed Danic 11 Hen. 7 art 4. quod in Tabulis Legationis 1602. etiam habemus n Vet. Schod de Temp. Hen. 5. in Bibliothecâ Cottonianâ Rot. Claus. 3 Hen. 3. Membran 5. in dorsâ— o Rot. Parl. 3 Hen. 5. par 1. membr n. 33. p Sub Edwardo IV. Angliae R. q They were Ambassadors in England anno 1597. r Camden in Annal. Elisabeth â— an 2. anno 1602. s 29 Septemb. A Copie of which Letters is in S r Robert Cotton's Librarie t Sylvarum lib. 2.