â—…ind in your own reason an Apology for our being resolute in this point you must needs be convinced that We ought not to abandon a Ceremony which is of so high concernment It is no policy to attempt the change of inveterate customs and usages Even errours and abuses are upon this account legally tolerated Let us then so adjust the matter Let Equity and all those inclinations you express for Us as Neighbours English-men and partakers of the same Faith induce you to continue those Honorary respects to the Ships of war of this Nation which All the Neighbour-States and Princes and which you your selves and your Progenitors have constantly exhibited Which you may do without detriment or disgrace But We cannot for bear to demand without our unspeakable prejudice Private persons move in another Sphear and act by other Rules then Soveraign Powers The regards of Credit with them may oftentimes yield to those of Utility or other Motives the publick receives little of injuâ—…y thereby nor is their wisdom questioned for such punctilio's if they relinquish them for other emoluments or peace-â—…e But Soveraigns cannot transact so Their Subjects The People participate in their Honour and Indignities They have a propriety a direct Right in the former Soveraigns cannot alienate or suffer their Honour to be impaired because it is not really Theirs it appertains to the Nation universally and They are all effectually injured by such transactions either because the Indignity doth directly extend unto them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As prudence doth thus distinguish betwixt the demeanour of private and publick persons So doth Châ—…istianity it self for albeit that the Gâ—…spel-precepts do oblige particular persons to bear injuries and contumelies with patience and to surrender even the Coat as well as Cloak yet is not this so to be construed as if even private Christians were to yield up their Civil rights to every insolent that would encroach upon and usurp them or that they were to deprive themselves of those reâ—…arations which the Law and Government affords them Neither is it so to be understood as if the Civil Magistrate in Christendome might not secure himself of that obedience and reverence which is due â—…nto his dignity but bear the sword in vain Do not therefore go about to teach Us patience that you may more easily wrong us Do not insinuate the concerns of the Frotestant Churches the interest of Religion the Evangelical rules for peace and brotherly love that You thereupon may deprive Us of our Rights destroy our Fleets ruine our Trade and either subject Us to Your States or render Us a facile conquest for any invader Hither to We have acquainted you with the value we ought to place upon the Right of the Flag were it only an Honorary salute with what prescription we claim it and with what injustice you refuse it We now adde that The English Nation did never regard it only as a Civility and Respect but as a Principal Testimony of the unquestionable Right of this Nation to the Dominion and Superiority of the adjacent Seas acknowledged generally by all the Neighbour-States and Princes and particularly by You and Your Predecessours besides many most authentick Records and undeniable proofs together with a constant practise in confirmation thereof Yet did a Captain of yours refuse it affirming that If He did it He should loose his Head Your Vice-Admiral denied it to the English Admiral and menaced such as rendered that submission to our Ships We do not upbraid you with meer incivility in this procedure though the grandâ—…ur of England and the obligations which the United Netherlands have to thâ—…s Nation might contain you from being rude It is the absolute and substantial Soveraignty of the Brittish Seas which on our parts by such a deportment as the striking of the Flag or Topsail to our Ships on those Seas is required to be acknowledged and so hath been for many hundred years understood agreed unto and acknowledged by the Nations of Europe Would you know the extent of this Maritime Dominion our English Laws have alwayes reckoned upon the Four Seas Such as are â—…rn thereon are not Aliens and to be within them is to be within the Ligieance of the King and Realm of England The Records of Parliament in the dayes of King Edward III. and Henry V. proclaim it that those Kings and their Progenitors had ever been Lords of the Sea And God forbid that ever there should be any Parliament in England that should consent to erase those Records or cast dirt upon them by renouncing the Soveraignty asoresaid In the Records of the Tower there is a Libel relating to the times of Edward I. and Philip the fair of France in which the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoâ—…ses Catalonians Almains Zelanders Hollanders Frieslanders Danes and Norwegians besides others under the dominion of the Roman-German Empire Allâ—… these joyntly declare That The Kings of England by Right of the said Kingdom from time to time whereof there is no memorial to the contrary have been in peaceable Possession of the Soveraign Lordship of the Sea of England and of the Isles within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise fâ—…rnished then Merchant-men use to be and of taking surety and affording safe-guard in all cases where need shall require and of ordering all other things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof Out of this Libel we deduce that The Kings of England had then been in peaceable possession of the said Dominion of the said Sea of England by immemorial prescription That the Soveraignty belonged unto them not because they were Domini utriusqâ—… ripae as when they had both England Normandy and so were Lords of both Shores For Edw. I. at this time had not Normandy but that it is inseparably appendant and annexed unto the Kingdom of England Our Kings being Superiour Lords of the said Seas by reason as the said Record speaketh of the said Kingdom And since that the Soveraignty of the Sea did appertain to the English Kings not in any other Right then that of the Kingdom of England you cannot doubt the Title by which Our present claiâ—… is deduced 'T is in right of Britannia that We challenge it 'T was in that right the Romans held it This claim justified K. Edward III. and his Rose-nobles Though there are other reasons regarding to the Lancastrian line which yield a colour for the use of the Portcullis in the Royal banners of England yet as we read in reference to his
did the Festivals of Bacchus or as it is usual to proceed against Traitors I think I may now put a period unto the Discourse about Indulgence which I have so managed as becomes a Son and a Friend unto the Church of England as well as a lover of the peace and welfare of his Native Countrey I have not debated the point of Prerogative in particular partly because what was said heretofore about the Deity is true concerning these Gods on earth It is dangerous to tell even the truth concerning their Essence partly because I could not do it without offending if not prejudicing the Church of England I do not think it convenient or seasonable that we should minutely inquire whether All the Power which was owned to be in the Pope at the Lateran Councill were vested in K. Henry VIII Or to examine strictly what the purport of those words are that The Kings of this Realme shall be taken accepted and reputed the onely Supreame Head on Earth of the Church of England called Anglicana Ecclesia and shall have and enjoy annexed and united unto the Imperial Crown of this Realm as well the title and stile thereof as all Honours Dignities Preheminences Jurisdictions Priviledges Authorities Immunities Profits and Commodities to the said Dignity of Supream Head of the same Church belonging and appertaining Our Laws doe likewise tell us that the King is the onely and undoubted supream Headof the Church of England and Ireland to whom by Holy Scripture all Authority and power is wholly given to hear and determine all manner of causes Ecclesiastical Which passages whosoever shall discreetly consider He will esteem of these Arcana Imperii as matters which no wise man will search into that affects the tranquillity of these Realms To exemplify this further did not Q. Elizabeth dispense with the Act for coming to Church and connived at the Popish Service in private Houses in a manner without punishment although it were prohibited by the Law under a pecuniary mulct This Indulgence she used for thirteen years And when the Statute was made against the bringing in of Bulls Agnus Dei's and hallowed grains c. privy tokens of Papal obedience or to reconcile any man unto the Church of Rome yet was there no man in full six years proceeded against by that Law What imports it whither a Law be suspended by Practice or Declaration Her Reign doth afford some instances of Toleration as also do the Primitive Times which I have declined to mention But yet they are instances of what a Prince may do upon Reason of State and against which I have not met with any Father Bishop or Lawyer that hath protested I thought to put an end here unto this Preface which is grown prolixe beyond my intention But I met lately with a Book written by an English Lawyer in 1640. and tendered to the Parliament which requires some Animadversions thereupon The Case is about Ship-Money but there is an excursion against the English Soveraignty of the Brittish Seas the which since I have so perspicuously asserted against the Dutch it seems necessary that I do not suffer it to be betrayed by the English I am sorry to find a sort of Civil war betwixt the Temple and a faction in Lincolns-Inn and I wondered who had suggested unto the Dutch those principles of refusing the Flag and denying our Rights on the Sea until I found this Book to have given them a pretext thereunto If I be any thing sharp in my reflections thereon I may be pâ—…doned since those assertions are less to be endured in an English man then in an Hollander After the writings of Selden it is strange to find a Subject of the King of Great Britain that doubts Whether the Sea be a part of the King's dominions and adds But grant the Sea be a part of the King's Dominions to some purposes How is it a part Essential or equally valuable or how does it appeare that the Fate of the Land depends wholly upon the Dominion of the Sea France subsists without the Regiment of the Sea and why may not we as well want the same If England quite spend it self and poure out all its treasure to preserve the Seignory of the Seas it is not certain to exceed the Naval force of France Spain Holland c. And if it content it self with its antient strength of Shipping it may remain as safe as it hath formerly done Nay I cannot see that either necessity of ruine or necessity of dishonour can be truly pretended out of this that France Spain or Holland c. are too potent at Sea for Us. The Dominion of the Seas may be considered as a meer Right or as an Honour or as a Profit to us As a Right it is a Theame fitter for Scholars to whet their Wits upon then for Christians to fight and spill blood about And since it doth not manifestly appeare how or when it was first purchased or by what Law conveyed unto Us we take notice of it onely as matter of wit and disputation As it is an Honour to make others strike saile to us as They pass it is a glory fitter for women and children to wonder at then for Statesmen to contend about It may be compared to a Chaplet of Flowers not to a Diadem of Gold But as it is a profit unto Us to fence and enclose the Sea its matter of moment yet it concernes Us no more then it doth other Nations By too insolent contestations hereupon we may provoke God and dishonour our selves we may more probably incense our friends then quell our enemies we may make the Land a Slave to the Sea rather then the Sea a Servant to the Land I mention this passage to shew the Frenzy which possessed the Heà ds of many that would be reputed Patriots and Defenders of the Laws and Liberties of the English Nation in 1636 c. But there are some fatal periods amongst these Northern Regions when the Inhabitants do become so brutal and prejudicate that no obligations of Reason Prudence or Conscience and Religion can prevail over their passions especially if they are instigated by the Boutefeus of the Law in opposition to the Gospel of Peace and Obedience At another time it would have seemed strange that a Common-Lawyer should doubt whither the Sea be a part of the King's Dominions Whereas our Laws and Parliaments have alwayes decreed it to be so It is strange that one of that Robe should controvert our Right thereunto or scruple How it was purchased since in Vulgar Titles the Common Law looks no farther then Prescription and in explication thereof they are not so nice as the Civilians â—…or by the Civil Law there is required a Just Title which the Common Law requireth not And Bona fides which the Common Law requireth not and continual Possession which the Common Law only requireth And This He might have seen proved in Mr. Selden and Sir John Boroughs
A FURTHER IUSTIFICATION OF THE PRESENT WAR AGAINST THE United Netherlands Illustrated with several SCULPTURES By Henry Stubbe a lover of the Honour and Welfare of old ENGLAND Everard Reidan Annal. Belgic lib. 17. A. D. 1600. Decretum Ord. General advers Groninganos Quod ad pactiones foedus toties ruptum provocarent absurdum nec audiendum neque vitio Patribus vertendum esse quod securitati rerum suarum consulere velint LONDON Printed for Henry Hills and John Starkey and are to be sold at the Sign of the Miter near Temple-Barr in Fleetstreet MDCLXXIII The Contents of the Epistle to the READER THe Reason why this Treatise is called the Apology of the Parliamentarians The Insolence of the Dutch against the Parliamentarians in particular An account of the Loevesteine-faction the powers of the State-holder and Advocate of Holland A Relation of the folly of John de Wit in subverting the fundamental Government of the United Provinces The Contents of the Preface unto the loyal Subjects of His Majesty THe necessity of writing the ensuing Treatise for the full satisfaction of the King's Subjects about the lawfulness of the present War pag. 1 Several just and approved Causes of War which yet His Majesty did not insist upon p. 1 2 A true and full account concerning the true grounds of this War and how it was unavoidable on the part of His Majesty p. 2 3 4 5 6 7 8 9 Reasons why the League betwixt England and Holland was not endeavoured nor ought to be renewed after its violation p. 9 10 11 12 13 14 What advise Q. Elizabeth would have suggested in the case p. 15 16 17 Arguments against the Neutrality of England during the War betwixt France and Holland p. 17 Arguments for the English to combine with France p. 17 18 19 Two Objections against the Alliance with France urged by an unknown Casuist and fully answered p. 20 21 22 23 24 25 26 The regard which His Majesty still preserved for the security of Flanders according to the Triple Alliance p. 26 27 The prudence of His Majesty in transacting the League with France with so much Secrecy p. 27 The prudence with which His Majesty penned and signed the Declaration for liberty of Conscience March 15. 1671 2. The parallel proceedings of the primitive Christian Emperors during the fourth Century That 't is the interest of the Church of England that Liberty of Conscience be granted at present That the Christian Church at first was setled by such contrivances as His Majesty now pursues That His Majesty hath in that Declaration provided better for the security of the Church of England than the antient Emperors did for Christianity in their times And consequently the Church of England is in no danger to be subverted by the present Indulgence That the present Indulgence is consonant to right reason of State and not repugnant unto civil Policy or likely to prove destructive to the Government p. 27. unto p. 73 A confutation of some assertions relating unto the Dominion of the Sea tendered to the Parliament in 1640. p. 76 Certain projects of Q. Elizabeth whereby she advanced the Honour and Trade of England p. 83 An Exhortation unto the English to be Unanimous and Couragious notwithstanding the troublesom condition of Europe p. 87 The Contents of the Apology THe Apology of those that were unhappily engaged in the service of the pretended Commonwealth and O. Cromwell for the King's Majesties Declaration and Proceedings against the United Provinces The Congratulation of the Parliamentarians for and their brief vindication of the Declaration of March 15. 1671 2. p. 57 Though the Dutch were Protestants yet this War is lawful p. 58 The Right of the Flagge a just cause of War with the Dutch the demands of the Parliamentarians and the Dutch concessions about it heretofore p. 58. 59 60 61 The English Channel not the sole Brittish Sea p. 61 62 The demands of the Parliamentarians concerning the Fishing the debate betwixt them and the Dutch about the Right of England thereto p. 62 63 64 65 66 The villanous composition made betwixt Oliver and the Dutch about the said Points and against His Majesty p. 66 The King's interest in the English Planters at Surinam afferâ—… p. 67 The Barbarity and Insolence of the Dutch towards the English in the East-Indies p. 67 68 69 A parallel betwixt the indignities done to His Majesty and those put upon the Parliamentarians formerly the defence of the Parliamentarians for their Resentments thereof p. 67 70 The perfidiousness of the Dutch illustrated at large p. 70 71 72 73 74 75 An account of the Dutch Religion p. 75 76 77 The Parliamentarians resolve that no secure peace can be made with the Hollanders except they submit to a Coalition or be reduced to an incapacity of hurting England p. 77 78 An account of the Treaty betwixt the Parliamentarians and Hollanders The States of Holland and West-Friesland confess their errors in fighting against England p. 78 79 The Parliamentarians reply and how they out-witted the Hollanders p. 79 80 The Parliamentarians refuse unto the States General the Title of High and Mighty and they discontinue it p. 80 81 Hugh Peters intercedes for the Dutch the voluntary proffers of the Dutch they amidst their solemn professions of Love unto the Rump perswade Cromwell to depose them and then cheat him p. 81 The Council of State beats the Dutch and makes them proceed by way of Humble Petition p. 82 83 The stark loving-kindness betwixt the Dutch and the Council and their joint concern for the Glory of God p. 84 The Council demands that the Dutch submit unto a Coalition the reciprocal Arguments about it p. 84 85 86 87 88 89 90 The Dutch refuse all Coalition and depart the sense of the whole Nation and particularly of the Fifth-Monarchists concerning them p. 91 92 The distressed condition of the Hollanders their Petition and submissive Memorial unto the Fifth-Monarchists p. 92 93 94 95 The Dutch are hated and scorned p. 96 Effectual projects to curb the insolence of the Dutch p. 97 Cromwell's dissimulation with the Dutch p. 97 98 The Dutch temporise with the Commissioners p. 98 9â—… A Preamble and draught of Articles tendered by the Commissioners 〈◊〉 99 100. 101 The exceptions of the Dutch thereunto their Papers slighted p. 101 102 103 104 105 106 107 108 The Dutch and English do again debate the point of Coalition p. 108 109 110 The Dutch perswade Cromwell to discard the Fifth-Monarchists and to assume the Government their Promises and Submissions unto him p. 110 111 Cromwell betrays the English interest unto the Dutch and yet is cheated by them several times before the Conclusion of the Treaty p. 111. unto p. 117 Both Parties agree to omit the general concernment of Religion p. 117 The Dutch observed not that Peace ibid. A large Memorial penned by the pretended Parliament of the Commonwealth of England concerning the English Rights to
Their Instructions and Mandates whereas This whole affair and this insuperable difficulty was still remaining to be transacted Such a demeanour hath not been read of but in the Annals of the United Provinces yet did their Provincial Superiours justifie them for Honest men and true Natives of Holland This and the interposition of Cromwel saved them from punishment and silenced all contests upon that subject This mutual defensive Alliance and secret Article did secure the greatness of Cromwel not only against the Republicans and Sectaries but Royalisis who together with His Majesty were excluded from any Aid or Assistance out of those Provinces and not permitted to reside there It depressed the House of Orange and all that party It advanced Holland so far above the other Provinces that They gave Laws to them ever since till their Arrogance and perfidiousness made them insupportable to the rest of the Provinces as well as to their Neighbours and so expedited their present calamities It is remarkable that notwithstanding that Cromwel and the Dutch had pretended so fervent zeal for the advancement and protection of the Reformed Religion and Houshold of faith during the Treaty yet in the Articles there is not any mention made thereof neither were All the Protestants comprehended in the League It is also observable that the said League was never well kept on the part of the Hollander but so violated in the East and West-Indies and elsewhere that Cromwel determined to fight them again upon the first opportunity and leisure The Lord Nieuport came over to pacifie Him a little before His death and attended in mourning at his Funeral and was the first Embassadour which condoled His late Highness's death and congratulated the advancement of Richard hoping that the same firm League and Peace might be continued between His Highness and those States which had been between them and his Princely Father He delivered His message in a publick Audience and received an Answer conformable to His desires But yet whereas by the Eighth Article of that League they were obliged to defend Him against all His Enemies The Dutch contributed nothing to his support but quietly permitted Him to be deposed and immediately before He had resigned courted those at an Audience within the House which had so injured their good Friend and Ally Upon a due regard unto the Considerations and Reasons alledged We think it our duty humbly to declare that We are entirely satisfied with the Righteousness of the present War with Holland and that Common Equity and the most infallible Reasons of State did oblige His Majesty to vindicate the Dignity of his Crown and the Honour of His Kingdoms as also to assert those ancient and inseparable Regalities which do not only adorn but chiefly support His Crown We do thankfully acknowledge the constant endeavours of His Majesty to promote the Trade and welfare of His subjects and to preserve them from being injured and oppressed by the depredations of the Dutch And seeing that the Perfidiousness of the Hollanders who have no regard to Oaths and Promises no sense of Religion Honour or Moral Honesty did render All Leagues with Them infirm and instable Seeing Their dilatory and treacherous Negotiations did render any Treaty with Them unsafe in so perillous a juncture as the puissance of the French King and their juglings with that Count made Us to be in We cannot but admire and celebrate those Counsils by which We enjoy an undisturbed peace and tranquility of our Consciences at home and are secured by a potent and victorious Navy at Sea It is the prudent conduct of His Majesty next under God which hath seasonably prevented that desolation whereunto the Hollanders would have subjected Us by transporting hither the French Armies We are not redevable to their care or kindness for that We are free from a calamitous war and all the miseries which the United Provinces do now sink under That Our condition is not the same with Theirs it is a felicity we derive from the wisdom vigilance and Generosity of our Prince who hath indefatigably busied Himself exposed his only Brother to all the dangers of the Sea and the perils of those dreadful Fights and exhausted His proper Treasury to supply the present exigence and to ensure the Estates of His Subjects May all his Subjects be sufficiently sensible How much They owe unto His Care and Goodness May their acknowledgments equal His merits May every one by His Royal Example contribute what He can to the General welfare of the Nation May no Animosities divide our Minds No impertinent quarrels No unnecessary and unseasonable debates retard or distract our Consultations and proceedings But may all advises and actions tend to the common utility which all Intelligent and Loyal persons must measure by the Riches Strength and Honour of their Soveraign Such ought to be the Prayers Wishes and Sentiments of every English Man Here followeth a Memorial read and delivered to the Lord of Hemsted Adrian Paaw extraordinary Embassadour from the States General of the United Provinces unto the pretended Parliament of the Common-wealth of England June 1652. Wherein the Importance of the Right of the Flag and of the Dominion of the Brittish Seas and of the Fishery together with the Rights of England thereunto are deduced and demonstrated This Memorial was originally very brief in comparison of what it is now It being not the mode of those Times to alledge any proof by way of Autority I have found out consulted and supplied the â—…eficient Citations which if they are not those They went upon are I am sure such as the Reader may rely upon And I have inserted them frequently into the Text as conceiving it more convincing and agreeable to the phansie of any Reader If the whole were represented as an entire piece and He not distracted with the multitude of References by way of Post-script Who prepared and penned it I cannot tell but it was as I am told supervised by Sir Henry Vane and others of the Commissioners and any man will find it answerable to that opinion which the world had of His parts and abilities who was the chief director and manager of that war and whose constant judgment it was that the Interests of England and the United Provinces were as irreconcileable as those of Rivals Trade being to both Nations what a Mistress is unto Lovers that there nevâ—…et since 〈◊〉 â—…ene any durable peace except both Nations did unâ—… Coalition or the English subjugate the others and reduce them into a Province or by strict conditions and contrivances ensure themselves against the growth and future puissance of the Dutch About the middle of June 1652. A conference was held betwixt the Commissioners from the Council of State and the Lord Adrian Paaw Kt. Lord of Hemsted Extraordinary Embassadour from the United Provinces In which the said Embassadour expatiated upon the mutual interest both Nations had to preserve peace and amity
partly thorough the boldness of the Hollanders I have not opportunity to procure on the suddain any exact intelligence from Scotland concerning the transactions there relating to Scotland but that inquisitive person Gerard Malines informs me that after this Agreement betwixt that Crown and the Dutch that the latter should not fish within eighty miles of the Coast least the Scholes of Herrings should be interrupted King James before his coming into England did let the fishing of Scotland to the Hollanders for fifteen years If this happened to be done at such time as The Dutch sent their Embassadours to the Christning of Prince Henry A. D. 1594. We may compute the time as expired in 1609. at what time King James issued out his Proclamation enjoyning all to take Licenses It is certain that they did then very much caress that King that they presented the Prince with above 400 ounces of fine Gâ—…ld and a Deed sealed whereby the Royal Infant was to receive 5000 Florins annually out of Camp-verâ—… So saies Meteran and Reidanus A. D. 1594. And They did renew the Perpetual Treaty of 1551. betwixt Mary of Hungary Regent of Burgundy for Charles V. But it is meerly a Defensive alliance obligeth them to fish 80 miles from the Shores as appears in P. Borre lib. 30. It is certain the King could not any way alienate the Royalty of the Assize-herring by the Laws of Scotland what the King might connive at or dispense with as to Licenses or nearer approach to the Coasts in regard of the sâ—…id sum pretended to be paid to the Prince 't is more easie to conjecture then determine It were to be wished that sâ—…me Scottish Anâ—…iquary would inform Us of the Rights and Usages of Scotland concerning their fishing I am told there is a Record in Scotland whereby the Hollanders do covenant to pay K. Malcolâ—…e a Rose-noble â—…or every last of Herrings caught on those Shores As for the Irish Seas it is likewise evident that Licenses were there issued out unto each fishing Vessel and there is a Statute of the Parliament in that Kingdom under Edward IV. in the fifth year of his reign enjoyning all Fishers of other Lands to repair to the Lieutenant Deputy or Justice of that Realm for such Licenses to be obtained Moreover K. Philip the second K. of Spain and Duke of Burgundy in the first year of Q. Mary obtained license for his subjects in general to fish upon the North-coast of Ireland for the term of 21 years paying yearly for the same 1000 pouâ—…ds which was accordingly brought into the Exchequer of Iâ—…land and received of Sir Hen. Fâ—…ton being then Treasurer there as his Son Sir Ed. Fâ—…ton hath often testified Oâ—…t of all that hath been said It is evident that this effect of the Dominion of the four Seas which relates to the disposing of the fishery by giving Licenses to fish exacting other dues enacting of Laws about it doth appertain to the English as now united with Scotland and Ireland And it will appear further by the Acts of Indulgence whereby the Kings of England have at sundry times permitted other Nations arbitrarily to fish in their Seas It is manifest that none ever fished therein but by usurpation without special License or general Indult It is also manifest that there never was any Act of State by which the Seas were permitted to be promiscuously fished in by all forreigners whatsoever But to particular Nations and Corporations there have been several Indults of that nature As to the Subjects of France Henry IV. issued out his Letters unto all his Admiraâ—…s that they should not molest the French in their fishing for Herrings or other fisâ—… throughout that part of the Sea which is bounded on this side by the Ports of Scarborough and Souâ—…hhampton and on the other side by the Coast of Flanders and the mouth of the River Seine This was granted to the K. of France upon a truce betwixt the two Crowns and the â—…ine was limited for the said fishing betwixt Autumn and the first of January Moreover it appears by Records that Henry VI. gave leave particularly to the French and very many other Forreigners for one whole year only somtimes for six moneths c. to go and fish throughout the whole Sea at all times and as often c. But this Leave was granted under the name even of a Pasport or Safe-conduct yea and a size or proportion was prescribed to their Fishing-boats that they should not exceed avove â—…0 tuns It is true indeed there was a kind of consideration or condition added in these and other grants to be mentioned That such as were Subjects of the King of England might in fishing enjoy the same security with Forreigners Which was for this cause onâ—…y put into the Licenses that if the forreigners did disturb and molestthem they should loose the benefit of the Licens Also upon a truce betwixt Edw. IV. and Francis Duke of Bretaâ—…gne it was Articled that The Fisher-men of Bretaigne might peaceably and without Safe-conduct attend upon their occupation by Sea And the King of France himself in the reign of K. James and K. Charles continued as his Predecessours did to request leave for a few vessels to fish upon the English coasts near Rye and that only for provision of his houshold being tied to observe the Orders and Laws of the English fishery for breach whereof divers of his subjects have been taken and imprisoned in Dover-castle and elsewhere The Company of the old Hanse-towns in the first year of Q. Mary had also liberty to fish within the said Seas upon certain conditions as appeareth in the Chappel of the Rolls of Chancery As to the Flemmings and Netherlanders there was a Letter written by Edward the first and Proclamation made that the Hollanders Zelanders and Frieslanders being in amity with England might securely fish about Yarmouth Upon the same day in favour of the Earl of Holland and his subjects He set forth three Men of war toward the farther coast of the Sea for the safe-guard as He saith in another Letter of those vessels belonging to your our own Country that are in these days employed about the Herring-fishing c. and to guard your Coasts near the Sea Here He grants a Protection to fish and in both the Letters He limits it within the space of two moneths He alone also protected the Fishermen upon the German Coasts which by reason of its nearness He calls here your coast near the Sea in his Letter to the E. of Holland as well as upon the English There is likewise a Record that Henry VI. did by a Treaty betwixt Him and the Dutchess of Burgundy grant unto the subjects of Brabant and Flanders the liberty to fish in his Seas without impeachment or disturbance So in a truce to endure for thirty years betwixt the K. of England and his Heirs on