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A88649 Englands command on the seas, or, The English seas guarded. Wherein is proved that as the Venetians, Portugals, Spaniards, French, Danes, Polands, Turks, the Duke of Tuscany, and the popes of Rome have dominion on their seas; so the Common-wealth of England hath on our seas. : Wherein the Dutch unjust procuration and prosecution of war against England is also described. Lupton, Donald, d. 1676. 1653 (1653) Wing L3489; ESTC R180274 19,641 117

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evident in Rot. 72. penes Camerarios sacrarii And to this purpose likewise was Subsidy money granted in full Parliament in the time of Edward the third for to safe-guard the Realm and the Sea the Scotch borders Gascony and the Islands belonging to England this was then thought just and necessary not onely by the King and the Lords but also by the Parliament Rot. Parl. 13. Edw for they include the safety of the Land to bee by the able guarding of our seas and what is worth Observation 't is certain that in the Reign of Richard the second there was a cerrain Tax and Tribute laid upon any ship as well Merchants as Fishermen and not of our own onely but also upon any forreigner whatsoever that should passe upon our Northeast or North seas and this was imposed ad maris tutelam for the safety of the Seas Every ship according to the burthen or Tun paid a certain and set rate 6. d. except such onely who passed from Flanders to London or to Calice with Wooll or Hides Every fisherman paid 6. d. for the Tun weekly and to this end there were six stout men of war appointed and set out to sea Rot. Par. 2 Rich. part 2. Art 39. so all Colliers sailing from Newcastle and carrying Coals paid quarterly after the Rate of 6 d. the Tunne and not onely these but all other passengers for passing and repassing and specially such who fished if Forreigners Also in the Reign of Henry the sixth William La Poole Duke of Suffolk was accused in Parliament because he had not rightly imployed the Subsidy monies for and towards the tuition and safe keeping the seas Rot. Par. 28. Hen. 6. And in the 32. of his Reign there was a Subsidy granted of 40000 l. in tutelam Maris that is for the defence of the seas To shut up all who may not find in the Acts of Parliament as the 1. of Ed. 6. the first of Queen Mary the first of Queen Elisabeth and the first of King James that the Parliament allowed Subsidies for the defence of the Realm and safeguard of the seas and for enter-course of Trade and traffick and for Merchandises to come safe into or to be exported hence as also to hinder any for disturbing our Land by Invasion or our seas by Piracy what need all these have been so carefully prosecuted but onely to shew our Rights and lawful Jurisdiction upon our seas To proceed if we should shew the world the power and large Commissions given to our Lords High Admiralls of England they surely would evidence our Dominion at sea in vain had they been granted if not of Right or if not executed and to speak truth we find no mention of any sea-fights concerning our title none were so bold then or so unjust to challenge a Dominion or to usurp it on our Coasts other differences betwixt Kings and Princes caused wars often at Sea but not this one which now the insolent and injurious Dutch alone have raised to quarrel with us to satisfie all men we will render the form of the Commission of the Lord High Admirall of England as for many years it hath been granted forth Damus concedimus N. magni Admiralli nostri Angliae Hiberniae Walliae ac Dominiorum insularum eorundem To English it in part we give and grant to N. the Office of great Admirall of England Ireland and Wales and of our Dominions and Islands of the same but what power is included it is plain that as occasions were greater or lesse so his Commission was limited or extended even as far as to Calice and the Marches thereof and to those of Normandy Gascoyn and Picardy and therefore one Commission runs so that we have made appointed and ordained N. to be Lord High Admirall as aforesaid and do of our speciall grace and knowledge give and grant unto N. our great Admirall of all our Navies and seas aforesaid all and singular the Jurisdictions Authorities Liberties Offices Feodes Profits emoluments Shipwrecks c. as also all advantages commodities preheminences and priviledges whatsoever belonging or appertaining unto the said Office of our great Admiral of England and Ireland and of all other our foresaid Dominions and when he was invested with this Honor he was to use his utmost skill and power to put his Commission into execution but what did that concern to secure our seas to fight enemies to take Pirates to demand Customs and Sea Taxes to protect our Fishermen to hinder other people from fishing except leave was first granted to them and they had agreed to pay what was Imposed on them for their fishing and to this end the Admirall had power to divide his Navy some to the North seas some to the Eastern and some to the West and what did all this shew but that the English have and alwayes had an undoubted Right and Dominion in and over the seas That learned Antiquary Sir Hen. Spelman in his Glossary hath set down the names and the year of our Lord with the Kings that reigned respectively of all who have enjoyed that Office of Admiralty or keepers and Guarders of our seas time out of mind and it seems wonderfull that four such huge Navies should be managed and set forth to sea the least whereof consisted of one 1000 Sail. The first that bore the title of Admirall of all England was Richard the younger son of Alan Earl of Arundel and Surrey and this was conferred on him September 10. A. 10. Rich. 2. Hen. Spel. Gloss p 15. And that great Antiquary by diligent search and industry hath brought them down from Richard Lucy the first in the eighth year of Henry the third as well for the North seas as the VVest unto our times even unto the 6. of K. James For certain large was our Soveraignty at sea if we please to note two or three of the Lord Admiralls Titles to avoid tediousnesse for in the first of Edward 6. Thomas Seymor Knight Baron of Sudely Brother of Edward Duke of Somerset was Admirall of England Ireland Wales Calice Bulloign c. Feb. 17. And in the third of Edward the sixth John Dudly Earl of VVarwick Viscount Lisle Knight of the Garter Lord high Admirall of England VVales Calice Bulleign and the Marches of the same of Normandy Gascoyn and Picardy and chief Governour of our Navies and of all the feas And so Charls Howard Baron of Essingham his Titles go as high in the 27. of Elisabeth and as they had large Titles so had they as great force and ability to execute such Right Title as we have ●o the seas that they are stiled our seas and in the second of Edward the third they are called quatuor maria Angliae that is the four seas of England what an Ancient Honourable propriety is expressed and engraven in these words Next follows to shew our Dominion on the sea are Letters of Credence from our Princes in favour granted to
from this Nation granted unto you and bestowed upon you Whereupon 't was ordered and ye durst not nor could hinder that Authority that sometimes ye might and sometimes yee might not fish at all and then when permitted not with vessels that should exceed 30 Tun and this is plaine by the Commissions and Authority given to the respective Governours of Yarmouth Scarborough VVhitby bay Selden in mare Claus 234. and to this purpose the Rose Noble bears that impression a King in a Royall ship and the superscription Edward by the grace of God King of England France and Ireland and on the other side Jefus autem transiens per medium illorum ibat Which King defended the seas with a mighty Navy of stout ships to the number of 1100. vessells 33. of Edward the third Anno 1359. and the very engraving shews enough as a Royall ship a King crowned a Sword a Throne the Rose What are these all but so many Blasons of our Rule at sea According to that English Meetre Or Rose Noble sheweth five things unto me King Ship Sword Rose and power of the sea And what lesse meant the Emperour Sigismond in his speech to Henry the fifth when he strove to make a peace betwixt him and Charls the sixth the French King and he said that it was the true English policy to keep safe our Land to observe these three things viz. 1. To cherish Merchandise 2. To keep the Admiralty 3. And to be masters of the Narrow sea And when Sigismond saw Dover and Calice and observed their scituation said to the King of England Keep these two Towns sure I wish your Majesty As your twein eine so keep the Narrow sea But we proceed to another subject that gives evident Testimoniall of our Soveraignty on the sea viz. All Forreigners strike Sail or vail their Top-sails to our ships of War ANd for certain it is that this Honour our Nation hath had timeout of mind and it was really performed by those of Flanders in their Embassage to our Edward the second the French indeed at some times have been so bold as to question it but they were alwayes punished by our men of war for their pride And it hath been practised four hundred years since in King John his Reign Anno 1200. for he gave out a certain Decree or Ordinance with the advice of his Lords at Hastings in Sussex to this effect if the Admirall of our Navy in his sailing upon and down our seas do meet with any ships or Vessels loaden or unloaden which will not at his command or whom he shall appoint strike sail and vail but shall fight our Navy if they be taken they shall be adjudged enemies and moreover both ships and goods so taken shall forthwith be confiscate and taken for prize as other enemies nay though the Masters and Captains of such ships shall after alledge that the said ships do belong unto the Kings friends and the men in the said ships shall be punished by imprisonment during our pleasure as Rebels and Traytors Commentar de Reb. Admiral fol. 28. And it is to be seen in the old Records in the Tower in a bundle of Parchments above four hundred years since which have reference to the times of Henry the third and Edward the first The first of these Parchment Rolls containing an agreement betwixt Edward the first and Guy Earl of Flanders concerning the colours and Ensignes to be set upon ships at seas to know and distinguish them upon one of them on the backside is written de Baion but upon the uppermost part of every one of them is added De superioritate Maris Angliae jure officii Admirallitatus in eodem that is of the superiority or Dominion of the sea of England and of the Office of Admiralty in the same And for the further certainty of the truth hereof that learned Mr. Selden in his Mare Clausum hath word for word set it forth in print amongst other particulars in it I have gleaned so much that all the States of forreign Princes who convened about the setling Sea-differences and there were present very many as from Genon Catalonia Spain Germany Zealand Holland Friesland Denmark and Norway and further 't is expresly said Et de Plusours Autres Lieux de lEmpire w th many other likewise of the Empire yet by all these the then King of England was reputed acknowledged and confessed to be as his Predecessors time out of mind alwayes had been En paisible possession de la Souereign Seignurie de la mier d' Engleterre el des Isles este auns en Icelle that is in the peaceable and quiet possession of the Sovereign Dominion of the English sea and of the Islands belonging to the same and they altogether did not onely acknowledge this but did all desire aod crave to be in and under his defence and safe-guard Selden in mare Claus lib. 2. cap. 28. And it appears plainly that we have had the power of the seas also betwixt England and Ireland for it was agreed in Parliament Ne quis exterus in mare Hibernico piscaretur that is that no stranger or forreigner should fish in our Irish sea except he or they had first obtained leave of the Lord Deputy or from some other Officer lawfully appointed to oversee the same or from the King and his Councell and hereupon it was that there were set Rates to be paid for severall ships as one or any ship of twelve Tuns should pay yearly 13 s. 4 d. and if lesser 2. s. and in case they faild in performance here of then the ships weapons furniture and all the goods to be for prize Statut. Hibern 5. Ed. 4. C. 6. and King James commanded it that no stranger whatsoever not having leave first granted unto him should fish upon the seas Edict 6. Jacobi 7. So also is it as manifest for our Dominion and power upon the Northern seas for King James and the Parliament ordered for the seas thus That all manner of Fishers that occupie the Seas and other persons whatsoever who slay or kill herring or white fish upon the Coast to bring them into free Ports whereby his Majesties Customes be not defrauded nor his Highnes Lieges or Subjects be frustrated of the commodity appointed unto them by God under the pain of confiscation of the Vessells and goods of all that come contrary hereto to the Kings use E dict 7. Jacob. R. Martii 6. Parliam 4. Jac. cap. 6c The Reader would be weary if we should produce more examples and Presidents of this kind that therefore we may the sooner conclude this Treatise having already sufficiently shewed our priviledges authority power jurisdiction and Dominion on and over our seas in the next place we lay open to all men What miseries inconveniencies our Nation will in short time suffer if we do not uphold our power at sea against all Invaders or opposers what soever Dutch Danes or French
under their Prince Alan and others and if any came in or departed without leave of the Prince or his Admiral there was then a publick confiscation of such ship or ships with their materialls and if they did suffer shipwrack that such Merchandise as could be recovered should he pillage but if they had leave to put out to sea then if any storm arose or if they did miscarry yet the goods that could be saved should belong to the Owner Bertrandns in Histor Brit. minor lib. 1. cap. 13. And nothing is more certain then in the League betwixt our Edward the fourth and Francis Duke of Bretaigne concerning commerce and Trading betwixt them it is confessed and indeed their own Civil Lawyers attest it that our King at that present was true Lord and Soveraign of those seas and this League was to continue for 30 years and though during the warres betwixt England and France the English did possesse themselves not onely of a great part of the land but also of the Sea as of those of Picardy Normandy and Gascony yet the war ending we know they not onely did rule and command those seas but the French theirs also so hold their Jurisdiction and Soveraignty of them at present so that what the French could not do being Conquered the English did do being Conquerors Nor will we omit those two constitutions or Ordinances the one of Henry the second the other of Henry the third An. 1555. 1584. by which 't is decreed that all ships of forreign Nations coming upon the French coasts should strike sail to the Kings ships and 't is said plainly in Imperii Marini Gallorum recognitionem that is in acknowledgement of the French Soveraignty over theit seas Of the Danes Norways Polanders and Turks WE have evident and experimentall testimony of those Nations how they hold up their Dominion in the seas as for the Danes and Norvegians their care in this is so strict that the very gains that come into their Treasury by Impost and Custome are the greatest of all others especially when they were inhansed and advanced as they were by Frederick the second King of Denmark and Norway towards our English Museovia Merchants 1583. that he made as much profit by the command of the Sound in the Baltick sea as he did by all his Land So that he got so much by the Dominion of his seas that the great Muscovite was glad to come to Composition with him or else he would as he might have done interdicted and hindred all Trade into or from Muscovy Their power has been so strict and great that it does appear in the Ancient Records of Denmark in the time of Harold Hildetane King of Denmark ne quisquam sine ejus nutu c. that none should dare or presume without his consent and good will usurp or take any profit on his seas because as 't is said his benefit and power came in and consisted by the sea as well as the Land Selden in mare clausum p. 80. Dan. Hist lib. 7. 'T is recorded how many Princes and Potentates King Olo did subdue and destroy by his power at sea And 't is certain that Adolphus Gustavus King of Sweden did renounce and disclaim all Right Dominion and superiority of the sea in Norway Northland and all other Kingly claims in Wardhuisen which did any way concern sea businesses and this was in the Reign of King James Jun. 1613. And for the Kings of Poland we have an evident Demonstration of their care to defend guard and secure their seas for when Henry the third King of France was elected by the States of Poland to be their K. his Lords Embassadors did promise for him that when he should enjoy the government of that Kingdome then he should suo sumptu Classem sufficientem necessariam sustentare ad tuendos portus dominium maris that is at his own Charges keep a necessary and sufficient Navy to defend those Haven Towns and uphold that Soveraignty of the seas which did belong unto that Kingdome of Poland Syntagm statutor lib. lib. 3. tit 1. fol. 109. Of the Turkish Soveraignty in his Seas THe Turks as they are the powerfullest Nation by Land so thy are not negligent to hold up their power by sea and therefore being possessed of Constantineple indeed almost of all these Greeks Empire except some few Islands which the Venetians hold up so that they stile themselves Lords of the black and white seas for so did Achmet the Turkish Emperour in his agreement with Henry rhe fourth King of France 47. years since which was publickly printed at Paris in which the Grand Seignieur doth give and grant to the French free fishing and to search for Corall in certain Bayes and Creeks of the seas upon the Affrick shore betwixt Algier and Tunis and this sufficiently shews if there was nothing else the Turks care and vigilancy to uphold his Jurisdiction of his seas Yet one more because 't is remarkable and true 't is known that the Turkish Emperor caused those two impregnable Castles called the Dardanels to be builded the one upon one side of the Hellespont and the other on the opposite shore in both which he hath planted great numbers of Canon and they are of exceeding bignes and command the respective Governours of them that se qua Navis that is if any ship should attempt to passe or repass against their wils that they should sink her forthwith which Custome he holds and continues to this very day Corolia Cappicus in bello Asiatic lib. 2. And it is for certain that twice a year the Turks set out Gallies with souldiers to scour the seas and to go from port to Port to demand subjection and obedience and some present or other to their Commanders from all who trade or are found in their Harbors or upon denyall to force them to it or sink them whereupon that memorable fight happened 'twixt two English ships and their Turkish Gallies sent out for the same purpose but the Captains of the English ships would neither strike sail nor yet send any present to them whereupon the Turks w th all their power assailed them the fight was gallantly maintained by the English but at last being overpowered with multitude and having not one gale of wind to come off they were both sunk and all the men killed and made slaves our Turkish merchants goods had much ado to be saved in Constantinople the ships belonged to Alderman Freeman after Lord Mayor of London the Captains name was Hugh Ellis of Limehouse or Wapping Of the Grand Duke of Tuscany c. THis great Dukedome though rich and fertile for all sorts of commodities yet the Prince keeps his Dominion of his seas how great are the Imposts and Customes of one of his Ports onely to wit that of Ligorn though there be many others yet one sayes plainly that Mare Adriaticum Venetiis Mare Ligusticum Genoensibus Tyrenum vero