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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
from this Nation granted unto you and bestowed upon you Whereupon 't was ordered and ye durst not nor could hinder that Authority that sometimes ye might and sometimes yee might not fish at all and then when permitted not with vessels that should exceed 30 Tun and this is plaine by the Commissions and Authority given to the respective Governours of Yarmouth Scarborough VVhitby bay Selden in mare Claus 234. and to this purpose the Rose Noble bears that impression a King in a Royall ship and the superscription Edward by the grace of God King of England France and Ireland and on the other side Jefus autem transiens per medium illorum ibat Which King defended the seas with a mighty Navy of stout ships to the number of 1100. vessells 33. of Edward the third Anno 1359. and the very engraving shews enough as a Royall ship a King crowned a Sword a Throne the Rose What are these all but so many Blasons of our Rule at sea According to that English Meetre Or Rose Noble sheweth five things unto me King Ship Sword Rose and power of the sea And what lesse meant the Emperour Sigismond in his speech to Henry the fifth when he strove to make a peace betwixt him and Charls the sixth the French King and he said that it was the true English policy to keep safe our Land to observe these three things viz. 1. To cherish Merchandise 2. To keep the Admiralty 3. And to be masters of the Narrow sea And when Sigismond saw Dover and Calice and observed their scituation said to the King of England Keep these two Towns sure I wish your Majesty As your twein eine so keep the Narrow sea But we proceed to another subject that gives evident Testimoniall of our Soveraignty on the sea viz. All Forreigners strike Sail or vail their Top-sails to our ships of War ANd for certain it is that this Honour our Nation hath had timeout of mind and it was really performed by those of Flanders in their Embassage to our Edward the second the French indeed at some times have been so bold as to question it but they were alwayes punished by our men of war for their pride And it hath been practised four hundred years since in King John his Reign Anno 1200. for he gave out a certain Decree or Ordinance with the advice of his Lords at Hastings in Sussex to this effect if the Admirall of our Navy in his sailing upon and down our seas do meet with any ships or Vessels loaden or unloaden which will not at his command or whom he shall appoint strike sail and vail but shall fight our Navy if they be taken they shall be adjudged enemies and moreover both ships and goods so taken shall forthwith be confiscate and taken for prize as other enemies nay though the Masters and Captains of such ships shall after alledge that the said ships do belong unto the Kings friends and the men in the said ships shall be punished by imprisonment during our pleasure as Rebels and Traytors Commentar de Reb. Admiral fol. 28. And it is to be seen in the old Records in the Tower in a bundle of Parchments above four hundred years since which have reference to the times of Henry the third and Edward the first The first of these Parchment Rolls containing an agreement betwixt Edward the first and Guy Earl of Flanders concerning the colours and Ensignes to be set upon ships at seas to know and distinguish them upon one of them on the backside is written de Baion but upon the uppermost part of every one of them is added De superioritate Maris Angliae jure officii Admirallitatus in eodem that is of the superiority or Dominion of the sea of England and of the Office of Admiralty in the same And for the further certainty of the truth hereof that learned Mr. Selden in his Mare Clausum hath word for word set it forth in print amongst other particulars in it I have gleaned so much that all the States of forreign Princes who convened about the setling Sea-differences and there were present very many as from Genon Catalonia Spain Germany Zealand Holland Friesland Denmark and Norway and further 't is expresly said Et de Plusours Autres Lieux de lEmpire w th many other likewise of the Empire yet by all these the then King of England was reputed acknowledged and confessed to be as his Predecessors time out of mind alwayes had been En paisible possession de la Souereign Seignurie de la mier d' Engleterre el des Isles este auns en Icelle that is in the peaceable and quiet possession of the Sovereign Dominion of the English sea and of the Islands belonging to the same and they altogether did not onely acknowledge this but did all desire aod crave to be in and under his defence and safe-guard Selden in mare Claus lib. 2. cap. 28. And it appears plainly that we have had the power of the seas also betwixt England and Ireland for it was agreed in Parliament Ne quis exterus in mare Hibernico piscaretur that is that no stranger or forreigner should fish in our Irish sea except he or they had first obtained leave of the Lord Deputy or from some other Officer lawfully appointed to oversee the same or from the King and his Councell and hereupon it was that there were set Rates to be paid for severall ships as one or any ship of twelve Tuns should pay yearly 13 s. 4 d. and if lesser 2. s. and in case they faild in performance here of then the ships weapons furniture and all the goods to be for prize Statut. Hibern 5. Ed. 4. C. 6. and King James commanded it that no stranger whatsoever not having leave first granted unto him should fish upon the seas Edict 6. Jacobi 7. So also is it as manifest for our Dominion and power upon the Northern seas for King James and the Parliament ordered for the seas thus That all manner of Fishers that occupie the Seas and other persons whatsoever who slay or kill herring or white fish upon the Coast to bring them into free Ports whereby his Majesties Customes be not defrauded nor his Highnes Lieges or Subjects be frustrated of the commodity appointed unto them by God under the pain of confiscation of the Vessells and goods of all that come contrary hereto to the Kings use E dict 7. Jacob. R. Martii 6. Parliam 4. Jac. cap. 6c The Reader would be weary if we should produce more examples and Presidents of this kind that therefore we may the sooner conclude this Treatise having already sufficiently shewed our priviledges authority power jurisdiction and Dominion on and over our seas in the next place we lay open to all men What miseries inconveniencies our Nation will in short time suffer if we do not uphold our power at sea against all Invaders or opposers what soever Dutch Danes or French