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A36497 A discourse written by Sir George Downing, the King of Great Britain's envoy extraordinary to the states of the United Provinces vindicating his royal master from the insolencies of a scandalous libel, printed under the title of (An extract out of the register of the States General of the United Provinces, upon the memorial of Sir George Downing, envoy, &c.), and delivered by the agent De Hyde for such to several publick ministers : whereas no such resolution was ever communicated to the said envoy, nor any answer returned at all by their lordships to the said memorial : whereunto is added a relation of some former and later proceedings of the Hollanders / by a meaner hand. Downing, George, Sir, 1623?-1684. 1672 (1672) Wing D2108; ESTC R34994 50,712 177

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sailed in to be of her Dominion There was an ancient Custom used in the East That when Great Kings had a design to bring any Nation under their power they commanded Water and Earth the pledges of Empire and Dominion to be delivered unto them conceiving that the Command of the Sea as well as of the Land was signified by such a Token And if we take a view of these late times as to the Rights and Customs of Forreign Nations we shall find that the Commonwealth of Venice hath enjoyed the Dominion of the Adriatique-Sea for many Ages The Tuscans to this day have an Absolute Dominion in the Tyrhene-Sea and those of Genoa in the Lygustick To conclude That the Dominion of the Sea is admitted amongst those things that are lawful and received into the Customs of Nations is so far from contradiction that nothing at all can be found to controul it in the Customs of our later times unless it be by the Encroaching Hollander who bordering so near our shores hath done and doth endeavour to violate the Right of His Most Sacred Majesty under the pretence of Civil Community Besides it is most evident from the Custom of all Times That Commerce and free Passage hath ever been so limited by Princes in their Territories that is either granted or denied according to the various concernments of the Publick Good Princes are concerned to be wary and careful that they admit no such Strangers or Forreign Commerce where the Commonwealth may receive any damage thereby Some Oppugners to the Mare Clausum introduce this Argument That the Water is open to All and therefore by Law it must be open at all times to all men What a trifle is this Before the distribution of things there was no Land which did not lie open to All before it came under particular possession If the Hollanders should object this Argument against our Dominion over the Narrow Seas I would ask them the reason of their Custom in Delph-land called Jus Grutae which hath ever been under the care of those Officers called in Dutch Pluymgraven whereby the Beer-Brewers are obliged to pay the hundredth part for the use of those Waters Having thus in general given you an account That almost amongst all Nations there hath been allowed a private Dominion of the Sea We shall now come nearer home and inform you That the ancient Britains did Enjoy and Possess the Sea as Lords thereof before they were subjected to the Roman Power We find no History of Britain to which any credit ought to be given elder than the time of Julius Caesar at whose coming we find the Britains used the Sea as their own for Navigation and Fishing and withal permitted none besides Merchants to sail into the Island without their leave nor any man at all to sound or view their Sea-coasts or Harbours Amongst several Kings of old that not only ruled this Land but had also Dominion over the Sea I find none more potent than King Edgar who possessing an absolute Dominion of the Seas sailed round it once a year and secured it with a constant Guard of Ships of which as is reported he had Four thousand eight hundred stout ones and what Dominion this was King Edgar had as Absolute Lord of the Sea appeareth in these words I Edgar King of England and of all the Kings of the Islands and of all the Ocean lying about Britain and of all the Nations that are included within the circuit c. After him King Canutus left a testimony whereby he most expresly asserteth the Sea to be a part of his Dominion for placing himself by the Sea-side on Southampton shore he is reported to have made trial of the Seas obedience in this manner Thou O Sea art under my Dominion as the Land also which I sit upon is mine therefore I command thee not to wet the feet or garments of thy Soveraign Although the event did not answer his expectation yet by this he professed himself to be Soveraign of the Seas as well as of the Land There is nothing more clear than that the Kings of England have been accustomed to constitute Governours who had a charge to guard the English Sea and these were called Custodes Maritimi In this number you shall find in Parliamentary Rolls of the 48 of Hen. 3. Thomas de Moleton who is called Captain and Guardian of the Sea this Title was afterwards changed into Admiral in the days of Edward the third The principal end of calling that Parliament was concerning the preservation of Peace both by Land and Sea giving us to understand that the Land and Sea together made one entire Body of the Kingdom of England And that the Dominion of the Seas is properly in the Power and Jurisdiction of the King may appear by those Tributes and Customs that were imposed and payed for the guard and protection of those Seas and this was paid to the Reign of King Stephen Since Subsidies have been demanded of the people in Parliament upon the same account Neither was this imposed only on the English but also upon the ships of Forreigners every Vessel paying after the rate of six pence a Tun that passed by such ships only excepted that brought Merchandize out of Flanders If a Vessel were employed to fish for Herrings it payed six pence a week for every Tun if for other fish so much was to be paid every three weeks as they who brought Coles from Newcastle to London every three months Mr. Selden that learned Antiquary affirmeth That before a Court of Delegates in France in express terms it hath been acknowledged That the King of England hath ever been Lord not only of the Sea but of the Islands therein contained upon the account of being King of England But to give greater light to this truth we may from several Records produce many testimonies That the Kings of England have given leave to Forreigners upon request to pass through their seas There are innumerable Letters of safe conducts in the Records especially of Henry the fifth and sixth and it is worthy of observation that those Letters were directed by those Kings to their Governors or Sea Admirals Vice-Admirals and Sea-Captains And to clear all at once The Kings of England have such an absolute Dominion in the English seas that they have called the Sea it self their Admiralty and this we find in a Commission of Edward the Third the Title whereof is de Navibus Arestandis Capiendis And as a freedom of Passage so a liberty of Fishing hath been obtained by Petition from the Kings of England We read that Henry the sixth gave leave to the French and other Forreigners sometimes for a year sometimes but for six months to go and fish throughout his seas provided that the Fishing-boats and Busses exceeded not the burthen of thirty Tuns and if any Forreigners whatever should molest or disturb any of the King's subjects as they were fishing they were forthwith to
lose their License and the benefit thereof In the Eastern Sea which washeth the Coasts of York shire it hath been an ancient custom for the Hollanders and Zealanders to obtain leave by petitioning the Governour of Scarborough-Castle It is worth the while saith the Reverend Mr. Cambden to observe what an extraordinary gain the Hollanders do make of fishing on the English Seas having first obtained leave from the Castle of Scarborough for the English have ever granted them leave to fish reserving always the Honour and Priviledg to themselves but through Negligence resigning the Profit to Strangers King James took special care that no Forreigner should fish on the English or Irish seas without leave first obtained and every year at the least this leave was renewed by the Commissioners for that purpose at London A remarkable Example of Fishing in this nature we find in the days of Henry the Fourth An Agreement was made between the Kings of England and France That the subjects of both Kingdoms might freely fish throughout part of that Sea which is bounded on this side by the Ports of Scarborough and Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine the time was also limited betwixt Autumn and the beginning of January And that the French might securely enjoy the benefit of this Agreement the King of England sent Letters to all his Sea-Captainsand Commanders By this we may plainly see that these Limits wholly excluded the French from that part of the Sea which lies towards the West and South-west as also that which lieth North-east of them as being so limited by our Henry at his own pleasure as sole Lord and Soveraign of the Whole There is amongst the Records of Edward the first an Inscription pro Hominibus Hollandiae c. for the men of Holland Zealand and Friesland to have leave to fish near Yarmouth the King's Letter for their protection runneth in these words The King to his beloved and trusty John de Butelarte Warden of his Port of Iernemuth now called Yarmouth Greeting For as much as we have been certified that many men out of the parts of Holland Zealand and Friesland who are in amity with us intend now to come and fish in our Seas near unto Iernemuth We command you That publick Proclamation be made once or twice every week that no person whatsoever employed abroad in our service presume to cause any injury trouble damage hindrance or grievance to be done unto them but rather when they stand in need that you give them advice and assistance in such manner that they may fish and pursue their own advantage without any lett or impediment In testimony whereof we have caused these Letters to be made Patents and to continue in force till after the Feast of St. Martins next ensuing Here you see that the King granteth a Protection to fish and he limits it within the space of two months He alone also protected the Fisher-men on the German Coast nor might the Fishermen use any other Vessels than what were prescribed by our Kings Upon which accounts all kinds of fishing was sometimes prohibited and sometimes admitted this restriction being added That they should fish only in such Vessels as were under the burden of thirty Tuns And this appears by the Letters of King Edward the third concerning the Laws of fishing which were directed unto the Governours of several Ports and Towns on the Eastern shore the words are these For as much as we have given leave and license to the Fishermen of the Neighbouring-Ports and to others who shall be willing to come unto them for the benefit of fishing that they may fish and make their own advantage with Ships and Boats under the burden of Thirty Tuns any Prohibition or Command of ours to the contrary notwithstanding We command you to permit the Fishermen of the said Towns and others who shall be willing to come to the said places for the benefit of fishing to fish and make their own advantage with Ships and Boats under the burden of thirty Tun without any lett or impediment any Prohibitions or Commands of ours made to the contrary in any wise notwithstanding This is evident also in the Records of King Edward the fourth for he invested three persons with Naval Power whose Office it was to guard and protect the Fishermen upon the Coasts of Norfolk and Suffolk and the charges of the Guard were defrayed by the Fishermen of the said Seas at the pleasure of the King of England Neither were any persons admitted to a Partnership in this kind of Guard except those who were appointed by the King of England lest by this means perhaps it might derogate from the English Right which is a manifest sign and evidence of their Dominion and Possession of the place And this may yet more clearly appear by the Limits and Laws usually set by our King to such Forreigners as were at enmity with each other but with amity with the English and to this effect is the Proclamation of King James who having made peace with all Nations did give equal Protection to the Spaniards and the Vnited Netherlands at that time exercising acts of great hostility one against another Our pleasure saith he and commandment is to all our Officres and Subjects by Sea and Land That they shall prohibit as much as in them lieth all hovering of Men of Warr of either Spaniard or Hollander near to the entry of any of our Coasts or Havens and that they shall rescue and succour all Merchants and others that shall fall within the danger of any such as shall await our Coasts And it is further to be observed that as our Kings have very often commanded that all manner of persons should cease from hostility throughout all the places extended into their Territories by sea so they indulged the like priviledg for ever throughout the more Neighbouring-coasts of the French shore That all manner of persons though enemies one to another should securely sail to and fro as it were under the wings of an Arbitrator or Moderator of the Sea and also should freely use the Sea according to such spaces and limits as they were pleased at first to appoint which without doubt is a clear evidence of Dominion In the next place I shall cite some of the Publick Records kept in the Tower of London in which the Dominion of the Seas is expresly asserted as belonging to the Kings of England We read that Edward the third in his Commissions given to Geofry de Say Governour or Commander of the Southern and Western Seas and to John de Norwich of the Northern expresseth himself in these following words We calling to mind that our Progenitors the Kings of England having before these times been Lords of the English Sea on every side yea and Defenders thereof against the Invasions of Enemies do strictly require and charge you by the Duty and Allegiance wherein
years an ordinary practice which we have endeavoured in vain to reform by the ways of Justice and Treaties the World I think will now be satisfied that we have reason to look about us And no wise man will doubt that it is high time to put our selves in this Equipage on the Seas and not to suffer the Stage of Action to be 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 cause requires That His Majesty 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 maintain that happy Peace wherewith God hath blessed His Kingdom and to which all His Actions and Negotiations have hitherto tended as by your own Instructions you may fully understand But withal considering that Peace must be maintained by the Arm of Power which only keeps down Warr by keeping up Dominion His Majesty thus provoked finds it necessary even for His own defence and safety to reassume and keep his ancient and undoubted Right in the Dominion of these Seas and to suffer no other Prince or State to encroach upon Him thereby assuming to themselves or their Admirals any 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 He will also set open and protect the free Trade of his Subjects and Allies and give them such safe Conduct and Convoy as they shall reasonably require He will suffer no other Fleets or Men of Warr to keep any Guard upon these Seas or there to offer violence or take Prizes or Booties or to give interruption to any lawful intercourse In a word His Majesty is resolved as to do no wrong so to do Justice both to His Subjects and Friends within the limits of His Seas And this is the Real and Royal Design of this Fleet. Whitehall April 16. 1635. Your assured Friend and Servant JOHN COOK Nay farthermore you may see the Dominion of His Majesty in His Brittish Seas clearly represented asserted and fully proved by that Propriety of Title and Soveraignty of Power which the Duke of Venice exerciseth on the Adriatick Sea if you will consult Mr. Howel in his Commonwealth of Venice which by the manner of Prescription the Consent of Histories and even by the Confession of their Adversaries themselves is almost the same with his Majesties of Great Britain But his Majesty hath one Title more above all theirs which is the Title of Successive Inheritance confirmed as well by the Law of Nature as of Nations and is so much the more considerable in regard of the infinite advantages of the Profits of it as the Brittish Ocean in its latitude and circumference exceedeth the small boundaries of the Gulph of Venice Yet so it is that the Indulgence of the Kings of England to their Neighbouring-Nations especially to the Hollanders by giving them too much liberty hath encouraged them to assume a liberty to themselves and what at the first was but a License they improve into a Custom and make that Custom their Authority insomuch that some of the most busie of them have openly declar'd against the King's Propriety on the Brittish Seas Amongst these is one Hugo Grotius a Gentleman of great Ingenuity but in this particular so inclined to obey the importunities and serve the interests of his Countrey-men that he disobliged himself of the Dutch and moreover to speak the truth of his Conscience it self for if you look into his Sylvae upon the first Inauguration of King James he is pleased to express himself in these words Tria Sceptra Profundi in Magnum cojere Ducem which is that the Rights of the English Scottish and Irish Seas are united under one Scepter neither is he satisfied with this bare profession Sume animos a Rege tuo quis det jura Mari Take courage from the King who giveth Laws unto the Seas In the same Book in the contemplation of so great a Power he concludeth Finis hic est qui fine caret c. This is an End beyond an End a bound that knoweth no bound which even the Winds and the Waves must submit unto But with what Ingratitude have the Dutch answered the many Royal Favours which the Kings of England have almost perpetually conferred on them If there be no Monster greater than Ingratitude what Monsters are these men who of late are so far from acknowledging their thankfulness that like Vipers they would feed upon and consume those bowels which did afford them life and spirit We may observe that in their lowest condition which is most suitable to the name of their abode called the Low-Countreys they petitioned to the Majesty of the Queen of England whose Royal Heart and Hand being always open to those that were Distressed especially those that were her Neighbours upon the account of Religion she sent them Threescore thousand pound in the year 1572 and presently after there followed Four Regiments of Foot and after them the Warr encreasing there were sent over Col. North Col. Cotton Col. Candish and Col. Norris with other Persons of Quality who for the Honour of the English Nation made in that Warr excellent Demonstrations of their Valour and redeem'd the Dutch from the Power of those who otherwise would have brought them to a better understanding of their duties At the last the Prince of Orange being slain presently after the death of the Duke of Alanson Brother to Henry the Third of France the Queen of England sent over to them Robert Duke of Leicester with great provision both of Men and Money accompanied with divers of the Nobility and Gentry of good account and although the said Earl not long afterwards returned into England and the affairs of the Hollander were doubtful till the fatal battel at Newport yet Queen Elizabeth of ever blessed memory out of her unspeakable goodness to the Distressed and to those that suffered for Religion did as long as she lived assist the Hollanders both with Men and Moneys she gave them hope in despair gave them strength when weak and with the charity of Her Princely Hand did support them when fallen And although the Hollanders do ungratefully alledg That it was a benefit great enough for the English to assist them in Reason of State because by so doing they kept out a War from their own Countrey It is most certain that at that time the English had no cause to fear a War at all but only for their Cause and for the taking their parts for it was for their Cause that the English in the year 1571 had seized upon the sum of Six hundred thousand Ducats on the West of England being the Money designed from Spain to the Duke d'Alva for the advancement of the Spanish Interests in the Netherlands And although the Hollanders do