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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	die_v	john_n	12,559	5	5.7306	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59088	Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.; Mare clausum. English	Selden, John, 1584-1654.; Nedham, Marchamont, 1620-1678.	1652 (1652)	Wing S2432; ESTC R15125	334,213	600

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 people as well of other Domin●●ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right a●d Iustice to high and low according to the said Laws Sta●u●es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of a●●●al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iud●●●n● a●d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying S●●ps otherwise furnished and ●et forth th●● Merchant-men use to bee a●d in all other points where a man may have reasonable caus to suspect them of Robbery or other ●…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all A●●ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judi●a●ure are very seldom set down in Histori●● But wee understand by the French Historie that this Gri●bald was Gov●●●or of the French Navie at the very same time Paulus AEmiliu● writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa ●ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Regin●rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left

of Excester And in those daies it was usual to procure King's Letters commonly called in the language of the Law Protections whereby Privilege and exemption from all suits was granted to those that were emploied in this kinde of Guard or Defence of the Sea or that spent their time super salvâ custodiâ defensione Maris For the safeguarding and defence of the Sea as the form of the words hath it which wee frequently finde in the Archives Moreover in the Acts of Parlament of the same King's Reign mention is made of the safeguarding of the Sea or de la saufegard de la mier as of a thing commonly known and for which it was the Custom of the English to make as diligent provision as for the Government of any Province or Countrie And in the twentieth year of the same King the Commons preferr'd a Bill that a strong and well accomplished Navie might bee provided for the defence of the Sea becaus It is thought fit be all the Commens of this Land that it is necessarie the See be kept Verie many other passages there are to the same purpose Geoffrie Chaucer who lived in the time of Richard the Second and was a man verie knowing in the affairs of his Countrie among other most elegant and lively characters of several sorts of men written in the English Tongue describe's the humor of an English Merchant of that time how that his desire above all things is that the Sea bee well guarded never left destitute of such protection as may keep it safe and quiet Which hee speak's to set out the whole generation of Merchants in that age whose custom it was to bee sollicitous for traffick above all things and consequently about the Sea it self which would not afford them safe Voyages did not the Kings of England as Sovereigns thereof according to their Right and Custom provide for the securitie of this as a Province under their Protection The words of Chaucer are these His reasons spake hee full solemnely Shewing alway the encreas of his winning Hee would the See were kept for any thing Betwixe Middleborough and Orewel Orewel is an Haven upon the Coasts in Suffolk Middleborough is in Zealand The whole Sea that floweth between Britain and Zealand the English Merchants would have secured this they were wont solemnly and unanimously to pray for knowing that the Sea was part of the Kingdom and the Protection of them part of the dutie of the Kings of England For as concerning any Protection herein by any forrein Princes any farther then in their own Harbors or at the most within the winding Creeks between those Islands which they possessed upon the Coasts of Germanie or Gallia Belgica there is nothing as far as wee can finde to bee gathered from any Testimonies of former Ages In the succeeding Ages likewise there is frequent mention of this kinde of Guard Defence and Government of the same Sea as will hereafter more fully appear when wee com to speak of Tributes and of the tenor and varietie of the Commissions given to our Admirals But now it is to bee observed that both the name and nature of this Guard is very well known not onely by the use of the word both in the Imperial and Canon Law wherein it denotes that the Guardian ought to take a diligent care of that thing whereof hee is owner who doth either lend it or commit it to his over-sight but also by the common and obvious use which the English make of the same word in other Offices or Governments For in those daies of old when the title of Guardians or Wardens of the Sea was more usual there were appointed Wardens of the Ports even as at this day there are Wardens of the Counties who are those Commanders of Counties called Sheriffs and in the usual form and tenor of their Writ have custodiam comitatûs the Guard or Defence of the Countie committed to their charge Wardens or Keepers of the Marches or Borders Keepers of Towers or Castles Parks Houses and the like Yea and the Lord Lievtenant of Ireland was especially in the time of King John and Henrie the Third styled usually Warden or Keeper of Ireland and his Office or dignitie commonly called the Keepership of Ireland after the same manner as John Duke of Bedford and Humphrey Duke of Glocester whom Henry the fift during the time of his absence in France deputed to govern the Kingdom of England by turns were called Custodes Angliae Keepers of England as wee very often finde both in Histories and Records So Arthur Prince of Wales was made Keeper of England while Henry the seventh was beyond the Seas So Piers Gaveston was keeper of England while Edward the second remained in France So were others also in like manner The Governors also of the Islands of Jarsey and Garnesey and the rest that are situated in this Sea who now are styled Governors Keepers or Captains were in antient times called onely by the name of Guardians or Keepers This then beeing so what reason have wee to think that our Ancestors did not use the same Notion of Guardian or Keeper and of guarding or keeping in the name of the Guardian and the Guard of the Sea which they were wont to use in the Guard and keeping of the Island and in the other dignities or offices before mentioned Doubtless in all these the peculiar Dominion and Soveraigntie of him that conferr'd the Dignities is so clearly signified and included that his Dominion or Ownership of the thing to bee kept and guarded as well as Autoritie over the person dignified is plainly implied in this Title Nor is it to bee omitted that in antient times before the autoritie of the high Admirals of England was sufficiently established by our Kings and setled so distinct that the Command and Government of the Sea did belong onely to them the Governors or Keepers of the Provinces whom wee call Sheriffs of the Counties by virtue of their Office had also som Custodie or Command of part of that Sea which adjoined to their respective Provinces as of a part of the Kingdom of England Which truly to let pass other proofs is sufficiently evident by this that many times in those daies they who by the Common Law of the Land were wont as at this day to put in execution the Commands of the King in those places onely that were committed severally to their charge and custodie did do the same also in the Sea it self as well as in any Land-Province belonging to him from whom they received their autoritie For by virtue of their ordinarie power derived from the King and such as was founded upon the very same right by which they held the Government of the Countie or Province they did oftentimes remove the King's Ships and Fleets from one Port to another by Sea as through the Territorie of the Province that was committed to their

and others as well Strangers as Natives Enemies as well as Friends may freely lawfully and without peril go unto pass to and fro and frequent the said Isle and the places upon the Coasts thereof with their Shipping Merchandise and Goods as well for shelter from foul weather as upon any other their lawful occasions and there to use free Commerce and Traffick and to abide with safetie and securitie and to com away thence and return at pleasure without any damage trouble or hostilitie whatsoëver in their Affairs Merchandise Goods or Bodies and that not onely near the Island and places aforesaid upon the Coasts and their Precinct but also within the spaces distant from them as far as a man may ken that is so far as the sight of the eie can attain And this is called a privilege which you see extend's so far into the Sea it self as the sight of the eie can pierce from the shore And if so bee this privilege did not proceed from the Kings of England as they are Lords both of the Sea and the Isles and by the same right that the Isles themselvs belong to them as hath been said before it cannot in reason bee imagined from whence it had its original There is not so far as wee know so much as a pretence of a Grant made by any other Princes But onely by the Kings of England who unless themselvs were Lords of the whole Sea flowing about by what Title and Autoritie did they ordein such a Truce so far within the Sea on every side between enemies of all Nations whatsoëver that came unto those Islands But as our Kings have very often commanded that all manner of persons should ceas from hostilitie not onely within the aforesaid Creeks but also throughout the spaces extended thence at pleasure into their Territorie by Sea so in like manner they indulged the like kinde of privilege for ever throughout these Coasts of the French shore that all manner of persons though enemies to one another might securely sail to and fro as it were under the wings of an Arbiter or Moderator of the Sea and also freely use the Sea according to such spaces or limits as they were pleased at first to appoint Which without doubt is a clear evidence of Dominion Certain publick Records wherein of old the Dominion of the Sea is by the way asscribed to the Kings of England both by the King himself and also by the Estates of Parlament debating of other matters and that in express words and with verie great deliberation as a known and most undoubted Right CHAP. XXIII I Shall next of all cite several publick Records which are kept in the Tower of London wherein the Dominion and possession of the Sea is by the way expressly asserted as belonging to the King of England and that both by the King himself as also by the Estates of the Parlament of England as they were debating about other matters For that is the sixt head of the former Division King Edward the third intitle's himself and his Predecessors Lords of the whole Sea flowing round about in the several Commissions given to Geoffry de Say Governor or Commander of the Southern and Western Sea and John de Norwich of the Northern the limit of distinction beginning as it was usual at the Mouth of the Thames out of which Records wee here set down theform which is especially to bee consider'd so far as it make's to this purpose The KING to his Beloved and Trustie Geoffry de Say Admiral of his Fleet of Ships from the Mouth of the River Thames toward the Western parts greeting Whereas Wee have of late commanded you by Our Letters that you together with certain Ships out of the Cinque-ports which wee have order'd to bee furnished and made readie for war according to our Command should set forth to Sea to oppose and resist certain Gallies provided and inforced with men of war in divers forein Parts which as Wee were inform'd were set out towards the parts of our Dominion to aggriev Us and Our people or els to turn their cours toward the Coasts of Scotland for the relief and succor of our Enemies there And in regard it hath been related by som that Gallies of that kinde to the number of XXVI are newly com to the Coasts of Bretaign and Normandie and do still abide there as it is supposed to do what mischief they can against Us and Ours or to succor Our said Enemies as is aforesaid Wee calling to minde that OUR PROGENITORS THE KINGS OF ENGLAND have before these times been LORDS OF THE ENGLISH SEA ON EVERIE SIDE yea and defenders thereof against the Invasions of Enemies and seeing it would very much grieve Us if our Kingly honor in this kinde of defens should which God forbid bee lost in our time or in any sort diminished and desiring with God's help to prevent dangers of this nature and provide for the safeguard and defens of the Realm and our Subjects and to restrain the malice of our Eenemies Wee do therefore strictly require and charge you by the duty and Allegeance wherein you stand bound according to the special trust reposed in you that immediately upon sight of these presents and without any farther delay you do set forth to Sea with the Ships of the Ports aforesaid and the other Ships which are now readie and that you arrest the other Ships in obedience to our command which Wee lately requir'd you to arrest But so that they might bee readie and provided to set forth according to Our aforesaid Command seeing Wee caused the Masters and Marriners of the same Ships to bee prepared and gather'd together whether they were within your Liberties or without and to caus them beeing well provided of men of war and other necessaries to hasten out to Sea with the aforesaid Ships and that with all diligence you make search after the aforesaid Gallies and other Ships of War abroad against us and stoutly and manfully set upon them if they shall presume to bend their cours for the end aforesaid toward the parts of Our Dominion or the Coasts of Scotland And if they steal away from you so that you cannot meet with them then you are with the aforesaid Ships of our Fleet without any delay to follow after the same Gallies and Ships of War set out against Us if they shall make towards our Kingdom or the Coasts ●f Scotland aforesaid and courageously to destroy them for the conservation of our Royal honor But yet Wee will not that you occasion any hurt or hindrance to Merchants or others passing by Sea who have no intention to offend Us and our Subjects or to succour our Enemies Then follow 's a power to press Seamen and som other matters of that kinde The day also and Autoritie is subscribed after this manner Witness the King at the Town of S t John the sixteenth day of August By the King himself and

com the Hollanders should keep at least fourscore miles distance from the Coasts of Scotland And if by accident they were driven near through violence of weather they paid a certain Tribute at the Port of Aberdene before their return where there was a Castle built and fortified for this and other occasions and this was duly and really paid still by the Hollanders within the memorie of our Fathers until that by frequent dissentions at home this Tribute with very many other Rights and Commodities came to nothing partly through the negligence of Governors and partly through the boldness of the Hollanders So you see how limits were by agreement prescribed heretofore in this Sea to the Fishing of Foreiners But the more Northerly Sea which lie's against Scotland was for the most part in subjection heretofore to the Norwegians and Danes who were Lords of the Isles there So that the people of the Orcades speak the Gothish Language to this day Robertus de Monte tell 's us that hee who was called King of the Isles was possest of XXXII Islands in that Sea above four hundred and sixtie years ago paying such a Tribute to the King of Norway that at the succession of every new King the King of the Isles present's him ten marks in Gold and make's no other acknowledgment to him all his life long unless another King succeed again in Norway And Giraldus Cambrensis writing of these things saith that in the Northern Sea beyond Ulster and Galloway there are several Islands to wit the Orcades and Inchades or Leucades which som would have to bee the Hebrides and many other over most of which the Norwegians had Dominion and held them in subjection For although they lie much nearer to other Countries yet that Nation beeing more given to the Sea usually preferr's a Piratick kinde of life above any other So that all their Expeditions and Wars are performed by Sea Fight This hee wrote in the time of Henrie the second So that somtimes those Sea-Appendants of the Dominion of Britain in the Northern parts were invaded by Foreiners Hence also it is that Ordericus Vitalis speaking of Magnus the son of Olaus King of Norway saith hee had a great power in the Isles of the Sea which relate's unto the time of William the Second King of England The same Ordericus also saith that the Orcades Finland Island also and Groênland beyond which there is no other Countrie Northward and many other as far as Gothland are subject to the King of Norway and wealth is brought thither by shipping from all parts of the world So wee have here a clear description of the Dominion of the Norwegians heretofore as well in this neighboring Sea of Scotland as in the more open But in after time when as by agreement made between Alexander the third King of Scots and Magnus the fourth of Norwaie as also between Robert Bruce King of Scotland and Haquin of Norwaie it was concluded touching these Isles that they should bee annexed to the Scotish Dominion this could not bee don but there must bee a Cession also of that Sea-Dominion which bordered round upon the Coast of Norwaie Yet the Norwegian King possessed it for the most part and afterwards the Dane by an union of the two Kingdoms of Denmark and Norwaie until that Christiern the first King of Norwaie and Denmark upon the marriage of his daughter Margarite to James the third King of Scotland made an absolute Surrender of these Islands and in the year of our Lord MCDLXX transferr'd all his right both in the Isles of Orcades and Shetland and the rest lying in the hither part of the Northern Sea upon his Son in law and his Successors And as concerning this business I shall here set down the words of Joannes Ferrerius who was indeed Native of Piedmont but supplied with matter of Historie out of the Records of Scotland by Henrie Sainclair Bishop of Ross. Moreover in the Deucaledonian Sea toward the North-East there are the Isles of Orcades seated next to the Coast of Scotland whereof onely twentie eight are at this daie inhabited and above an hundred miles beyond the Orcades towards Norway are the Shetland Isles in number eighteen which are at this daie inhabited and in subjection to the King of Scotland concerning which there was a great quarrel in former Ages between the Scots and Danes yet the Dane kept possession All these Islands did Christiern King of Denmark peaceably surrender together with his daughter in marriage to James King of Scots until that either hee himself or his posteritie paid to the Scotish King or his Successors in lieu of her Dowrie the summe of fiftie thousand Rhenish Florens which were never discharged to this daie For so much I my self have seen and read in the Deeds of marriage betwixt Ladie Margarite daughter of the King of Denmark and James the third King of Scotland drawn up and fairly signed with the Seals of both Kingdoms Anno Dom. 1468. c. But afterwards when Ladie Margarite beeing Queen had been delivered of ber eldest son James Prince of Scotland the Danish King willing to congratulate his daughter's good deliverie did for ever surrender his right in the Islands of the Deucaledonian Sea to wit the Isles of Orcades Shecland and others which hee deliver'd in pledg with his daughter upon her marriage to the Scotish King I hear the deeds of this surrender are kept among the Records belonging to the Crown of Scotland And so at length those Isles and the Dominion of this Sea returned to the Kings of Scotland which they enjoy at this day The Kings of Scotland have a pledg of Dominion also in this Sea that is to say Tributes or Customs imposed upon Fisher-men for Fishing of which by the way you may read in their Acts of Parlament Touching that Right which belong's to the King of Great Britain in the main and open Sea of the North. And the Conclusion of the Work CHAP. XXXII COncerning that Neighboring Sea which is a Territorie belonging to the Scots I have spoken in the former Chapter But I must not omit to treat here of that Sea which stretcheth it self to a very large extent toward the North washing the Coasts of Friesland Island and other Isles also under the Dominion of the King of Denmark or of Norway For even this Sea also is asscribed by som to the King of Great Britain Albericus Gentilis applying that of Tacitus The Northern Coasts of Britain having no Land lying against them are washt by the main and open Sea you see saith hee how far the Dominion of the King of Great Britain extend's it self toward the South North and West As if almost all that which lay opposite to the Isles of Britain in the open Sea were within the Dominion of the King of Great Britain And concerning the Northern Sea also which reacheth there to parts unknown the very same

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