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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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Pisis Tusciae inservit that is the Adriatick sea doth serve the Venetians the Ligurian sea the Genoeses and the Tyrrhene is the Duke of Tuscanie every one of these not onely defend and maintain themselves by their propriety to those seas but have and will fight to uphold their ancient Dominion over them respectively Of the Popes Power over the Seas BRiefly though we think it is fitter for the See of Rome to save mens souls if they be Peters successors then to Lord it so mightily either by sea or Land yet that the world may see his jurisdiction and power at sea in the Roman sea belonging to Rome we will give you some expressions of his to set forth his lofty mind Barth Vgolinus Decensuris Pont. reserv part 2. sect 1. Excomm unicamus Anathematizamus omnes piratas Cursarios ac Latrunculos Maritimos discurrentes Mare nostrum that is we excommunicate and curse all Pirates sea Rovers and thieves whomsoever that shall hover on or rove on our Seas and if any take any herrings upon any Holy day they shall and must pay some to the next Churches and specially to those Churches which ly nearest to that place where they took them Gloss 3. tit de feriis And further it is and shall be lawfull for any free Citizen of Rome or Inhabitant of the same to fish upon Tyber and the sea belonging to our Jurisdiction at what time with what art they can and it shall be unlawfull for any to molest or rob them provided they meddle not with waters which belong to other Lords or States and certain places excepted and named in which sine licentia piscarinen licet Without licence of the Recorder it is not lawfull for them to fish Stat. Vrb Rom lib. 3. cap. 72. Of the English Soveraignty in the Seas SURe and certain it is that as by the Law of Nature and Nations all other Principalities and Kingdomes Dukedomes and Common-wealths have and douphold their Titles Priviledges and Dominion over and in their Seas it is as just for our Common-Wealth to do the same for why not we use our power as well as others are all others free and shall we now be made slaves and shal we now be made slaves shall all other Princes enjoy their own and shall we be debarred and rob'd of ours and by such onely who have no justice to claim or conscience to oppose it shall be made good therefore to all what absolute and just Right and Dominion we have to our seas and I hope if my peu be not of force to convince those insolent Dutch yet our thundring Cannon in short time will confound them for their ingratefull and impudent injustice and presumption Have the greatest Kings and Princes of Christendom been glad to ask leave to come upon and passe and repasse our seas and shall we our selves ask leave of others to do it now Durst not the stoutest of all Nations dare to fish upon our coasts without leave first granted and satisfaction promised and given and shall we now not dare to do ir our selves Have our Admiralls and our Navies been the terror of Europe and shall we so soon be stript both of valour and goods too what have the Dutch now that liberty and power to themselves which they formerly begged for at our hands or is their Right now become so because they imagine they have might to effect it shall all force if offered and prevailing be accounted for just if they be so bold to attempt to get why not we as good and resolute to hold our own we hinder them not of theirs why should they debar us from ours cannot or must not our men go out of their own houses or Havens for fear of Vantrump or a Borish Dutchman that we may by Gods protection will we lay down these conclusions and Arguments to show to the whole world the basenesse of the Dutch Hollanders and Zelanders with others who are combined to assist them against our just Rights and priviledges upon the seas 1. That the Dominion Government Rule Jurisdiction and Command of our seas hath alwayes belonged and been upheld by the English 2. From the custody Rule and Admiralty of England in our seas 3 From all Forreigners asking leave to passe and repasse our seas 4. From the giving of liberty to forreign Nations to fish on our seas and that by leave onely from us and from Customes paid to us Thomas Moulton was in the Reigne of Henry the third stiled Capitaneus Custos Maris the Lord Admirall and keeper of the seas Rot. part 8. Hen. 3. and under him the Cinque ports kept the coast of England and the seas Henry 3. hence was that Commission to Sir Hugh Crequier to guard the seas Edward the first appointed three Navies towards the guard of our seas one for Yarmouth Road another for Portsmouth and the third for the Western and Irish Seas Edward 1295. In the Reign of Edward the second also there were three Admiralls for the the saveguard of our seas the Lord Oturwin the Lord Kiriel and the Lord Felton custodiam Maris habebant say the Records and these guarded our seas And in that first Parliament of Edward the third fourteenth of his Reigne that they would have a care to secure the peace of the Land limitis Scotici Maris that is and of the borders of Scotland and of the seas And so under Richard the second Hugh Calverley was made Admirall and Thomas Piercy was joynd in Commission with him to order and govern the seas for that year 2. Rich. 2. And so it was in full Parliament agreed that the Earl of Salisbury John Earl of Shropshire John Earl of Worcester and James Earl of Wilts with the Lord Stourton under King Henry the sixth should have the guarding and Rule of the seas cum classe numerosa with a mighty Navy and afterwards that care was committed to John Duke of Excester Henry 6.38 And further in the Reign of the same King the Commons desired and did think it fit that the seas be kept Rot. Par. 20. Hen. 6. Artic. 29. And no lesse appears by Chaucer who lived in the time of King Richard the second a famous Poet who sayes ut mare custodiretur that the sea might be guarded and kept and he gives this reason Keep your seas 'twixt Orwel and Middleborough still You 'l be sure to have wealth Flow in at your will Of the Tributes Taxes and Subsidies paid for our safeguarding the Seas TO passe over the point of Dane-Gelt and such like pressures of this Nation though indeed it was used by William the first and second and by Henry the first and by Stephen Kings of England yet it was imployed for the custody and safeguard of the seas that they might not be infested by Danish Pirates nor the Land suddenly invaded and it was in the Raigne of Edward the first laid out to the same purpose as it is
such who have asked leave to passe or repasse our seas such was the leave and safe guard granted to Ferrando Vrtis of Sarrachon a Spaniard to sayl from the Port of London through and by our Kingdomes Territories and Dominions to Rochel Rot. Franc. 5. Hen. 4. Membr 11. Jan. 5. And Charls the 6. King of France sending to Robert the third King of Scotland about entring into League with him got leave first for free and safe passage from King Henry through his Dominions Territories and possessions by sea and Land it seems by these that England kept the Government of the seas without controll then and why not now But remarkable is that story how in the Reign of Qu. Elisabeth the Kings of Denmark and Sweden too as also the Hans-towns did often and earnestly sollicite and petition her that shee would be pleased to give them leave to passe and repass Her seas so they counted them then to be that they might carry corn into Spain in that time while England and Spain were in war one with another She wisely did deny them but they thinking to steal thither without her leave were taken and made prize even as they were sailing into Lisbone 13. Jun. 1589. See this also in Thuanus lib. 95. Histor and when they complained of the Act of the Queen as unjust and against the Law of Nations and free Trade 't was answered that they should not have license or leave to cary arms or corn or any materialls serving to hold up the war but for other merchandises they should have as free leave as ever And when as they sent over into England their Agent Sebastian Van Bergen with Letters of Request that they might have free leave to Trade and carry any sort of provision into Spain they had this tart answer from the Queen and Councel if they durst do so they should be sure to be severely punished by her Majesties ships of warre and prize to bee made beside In Declar. Beg. 1589. And the like stout resolute answer was also given to the Danish Embassadours desiring solliciting for the same Anno 1597. And who knows not but John King of Sweden desired leave of the same Queen to carry merchandise to Spain but what need he ask the reason is rendred Necesse ei fore Maritimas Reginae ditiones pertransire that is he must of all necessity passe by the Queens Territories and Dominions in Bib. Cotton but of this sufficient the Dutch may be in due time brought to acknowledge as much they have done it to be sure and humbly too which follows next Leave to Fish upon our seas granted AS none durst violate our power to passe so much lesse durst any adventure to fish upon our seas without speciall leave and license so to do first obtained And first Henry the sixth the French King obtained so much favour that he had leave granted him to fish one whole year onely mark how though favoured yet limited sometimes 't was granted to him for six moneths onely and sometimes again he might fish when and where and as often as he pleased he had leave but first did modestly ask it did not any wayes abuse it this is found in the Rolls of France Hen. 6. reg yet they were so lookd to that they might not come with herring busses above thirty tun and that our men should no way be molested and that they should shew due obedience as they expected security and when they were bolder then welcome their ships were seised on And now to come to our Eastern seas and those that are Northeast did not the Hollanders and Zelanders in great numbers fish for heerring and other fish upon our Coast but 't is said first having obtained Leave from the Governour of our Castle of Scarborough according to ancient Custome What can be plainer did they and were they glad to ask leave and now will they take it and be their own carvers Camb. in Brit. p. 506. and it is not to be imagined sayes our Cambden what a masse of wealth the Hollanders and Zelanders get by having leave to fish upon our Coasts And so in the time of Queen Elisabeth an expert Writer sayes thus that the Hollanders Zelanders and those of Flanders come upon our Eastern Coast in the beginning of Summer with four or five hundred herring Busses to catch fish but 't is said that before they fish they ask leave first from the Governour of Scarborough Hanse in those times had some modesty See Hitchokes new years gift An. 1580. And King James forbad that they or any other stranger should fish upon our coasts except the Agents of such Countries residing in London had first obtained leave from the King Edict Jac. 6. Maii. So 't is manifest that those of Holland Zealand and Faiesland in Edward the 1. his reign had leave granted to them to fish and we did protect them also from danger and this to be near Yarmouth yet these Letters Pattents were not to be in force longer then to Saint Martins day behold their limitation as they had his Princely favour so they had likewse such a precise time set and allowed to them which if they exceeded they were to stand to his mercy or justice for remission or infliction of punishment Rot. Par. Ed. 1. Membran 5. And the Hollanders submission and intreaty to the said King shews that they would not could not durst not fish upon our seas before they had leave granted unto them from the said King witnesse those expressions of the King in that Case In tender favour and compassion we bear unto those of Holland and Zealand and to other neighbours we wil send out some of our men of war towards the Northern seas to safeguard and to protect their ships sent out to fish for herring and to secure and guard their Sea Coasts whilest they are fishing How now Landts-man or Dutchman what you were then not onely limited but also protected by Royal favour and not onely to fish but we defended your very sea Coasts during that time by our men of war you were not in those times it seems able to secure your selves or fish safe without our safeguarding you for if you had you would not so earnestly requested this favour at our hands and will you at present not defend us if wee stood in need of it which thanks be to God we do not but also fight us in our own bosoms and Channels how do these recorded favours of ours if there were no more towards you and unmeritted by you from us speak shame to your faces for requiting us with so much evil for so much good to your Progenitors and your selves too nay we had such undoubted power and and Right then on the seas that you were ordered what ships you should use and also what number should be imployed and durst not transgresse or disobey then nay indeed were glad you could have that favour and benefit by humble Request