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

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evident in Rot. 72. penes Camerarios sacrarii And to this purpose likewise was Subsidy money granted in full Parliament in the time of Edward the third for to safe-guard the Realm and the Sea the Scotch borders Gascony and the Islands belonging to England this was then thought just and necessary not onely by the King and the Lords but also by the Parliament Rot. Parl. 13. Edw for they include the safety of the Land to bee by the able guarding of our seas and what is worth Observation 't is certain that in the Reign of Richard the second there was a cerrain Tax and Tribute laid upon any ship as well Merchants as Fishermen and not of our own onely but also upon any forreigner whatsoever that should passe upon our Northeast or North seas and this was imposed ad maris tutelam for the safety of the Seas Every ship according to the burthen or Tun paid a certain and set rate 6. d. except such onely who passed from Flanders to London or to Calice with Wooll or Hides Every fisherman paid 6. d. for the Tun weekly and to this end there were six stout men of war appointed and set out to sea Rot. Par. 2 Rich. part 2. Art 39. so all Colliers sailing from Newcastle and carrying Coals paid quarterly after the Rate of 6 d. the Tunne and not onely these but all other passengers for passing and repassing and specially such who fished if Forreigners Also in the Reign of Henry the sixth William La Poole Duke of Suffolk was accused in Parliament because he had not rightly imployed the Subsidy monies for and towards the tuition and safe keeping the seas Rot. Par. 28. Hen. 6. And in the 32. of his Reign there was a Subsidy granted of 40000 l. in tutelam Maris that is for the defence of the seas To shut up all who may not find in the Acts of Parliament as the 1. of Ed. 6. the first of Queen Mary the first of Queen Elisabeth and the first of King James that the Parliament allowed Subsidies for the defence of the Realm and safeguard of the seas and for enter-course of Trade and traffick and for Merchandises to come safe into or to be exported hence as also to hinder any for disturbing our Land by Invasion or our seas by Piracy what need all these have been so carefully prosecuted but onely to shew our Rights and lawful Jurisdiction upon our seas To proceed if we should shew the world the power and large Commissions given to our Lords High Admiralls of England they surely would evidence our Dominion at sea in vain had they been granted if not of Right or if not executed and to speak truth we find no mention of any sea-fights concerning our title none were so bold then or so unjust to challenge a Dominion or to usurp it on our Coasts other differences betwixt Kings and Princes caused wars often at Sea but not this one which now the insolent and injurious Dutch alone have raised to quarrel with us to satisfie all men we will render the form of the Commission of the Lord High Admirall of England as for many years it hath been granted forth Damus concedimus N. magni Admiralli nostri Angliae Hiberniae Walliae ac Dominiorum insularum eorundem To English it in part we give and grant to N. the Office of great Admirall of England Ireland and Wales and of our Dominions and Islands of the same but what power is included it is plain that as occasions were greater or lesse so his Commission was limited or extended even as far as to Calice and the Marches thereof and to those of Normandy Gascoyn and Picardy and therefore one Commission runs so that we have made appointed and ordained N. to be Lord High Admirall as aforesaid and do of our speciall grace and knowledge give and grant unto N. our great Admirall of all our Navies and seas aforesaid all and singular the Jurisdictions Authorities Liberties Offices Feodes Profits emoluments Shipwrecks c. as also all advantages commodities preheminences and priviledges whatsoever belonging or appertaining unto the said Office of our great Admiral of England and Ireland and of all other our foresaid Dominions and when he was invested with this Honor he was to use his utmost skill and power to put his Commission into execution but what did that concern to secure our seas to fight enemies to take Pirates to demand Customs and Sea Taxes to protect our Fishermen to hinder other people from fishing except leave was first granted to them and they had agreed to pay what was Imposed on them for their fishing and to this end the Admirall had power to divide his Navy some to the North seas some to the Eastern and some to the West and what did all this shew but that the English have and alwayes had an undoubted Right and Dominion in and over the seas That learned Antiquary Sir Hen. Spelman in his Glossary hath set down the names and the year of our Lord with the Kings that reigned respectively of all who have enjoyed that Office of Admiralty or keepers and Guarders of our seas time out of mind and it seems wonderfull that four such huge Navies should be managed and set forth to sea the least whereof consisted of one 1000 Sail. The first that bore the title of Admirall of all England was Richard the younger son of Alan Earl of Arundel and Surrey and this was conferred on him September 10. A. 10. Rich. 2. Hen. Spel. Gloss p 15. And that great Antiquary by diligent search and industry hath brought them down from Richard Lucy the first in the eighth year of Henry the third as well for the North seas as the VVest unto our times even unto the 6. of K. James For certain large was our Soveraignty at sea if we please to note two or three of the Lord Admiralls Titles to avoid tediousnesse for in the first of Edward 6. Thomas Seymor Knight Baron of Sudely Brother of Edward Duke of Somerset was Admirall of England Ireland Wales Calice Bulloign c. Feb. 17. And in the third of Edward the sixth John Dudly Earl of VVarwick Viscount Lisle Knight of the Garter Lord high Admirall of England VVales Calice Bulleign and the Marches of the same of Normandy Gascoyn and Picardy and chief Governour of our Navies and of all the feas And so Charls Howard Baron of Essingham his Titles go as high in the 27. of Elisabeth and as they had large Titles so had they as great force and ability to execute such Right Title as we have ●o the seas that they are stiled our seas and in the second of Edward the third they are called quatuor maria Angliae that is the four seas of England what an Ancient Honourable propriety is expressed and engraven in these words Next follows to shew our Dominion on the sea are Letters of Credence from our Princes in favour granted to
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