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A30617 The soveraignty of the British seas proved by records, history, and the municipall lawes of this kingdome / written in the yeare 1633, by that learned knight, Sr John Boroughs ... Borough, John, Sir, d. 1643. 1651 (1651) Wing B6129; Wing B3774_CANCELLED; ESTC R10587 24,855 175

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by their Subjects contrary to the peace formerly made between them at Paris before which the Commissioners the Agents or Procurators as the Record nameth them for the Maritime coasts of the greatest part of the Christian world of Genoa Spain Germany Holland Zealand Freezland Denmarke and Norway made this remarkable acknowledgment and declaration following which out of the old French of that time I have rendred into English the title whereof is thus in Latine De superioritate Maris Angliae jure officii Admirallatus in codem To our Lords Auditors deputed by the Kings of England of France to redresse the damages done to the people of their Kingdoms and of other Territories subject to their Dominions by sea and by land in time of peace and truce The Procurators of the Prelates Nobles and Admirall of the sea of England and of the Comminalties of Cities and Townes and of Merchants Marriners Messengers Pilgrims and of all other of the said Kingdome of England and the Territories subject to the Dominions of the sayd King of England and of other places as of the Sea-coasts of Genoa Cataloigna Spaine Almaigne Zealand Holland Freezland Denmarke and Norway and of divers other places of the Empire doe shew That whereas the Kings of England by reason of the sayd Kingdome from time whereof there is no memory to the contrary have been in peaceable possession of the Dominion of the Sea of England and of the Isles being in the same in making and establishing Lawes and Statutes and restraints of Armes and of Ships otherwise furnished then to ships of merchandize appertaineth and in taking suretie and affording safeguard in all cases where need shall be in ordering of all other things necessary for maintaining of Peace Right and Equity amongst all manner of people as well of other Dominions as of their owne passing through the said Seas and the Soveraign guard thereof and in doing Justice Right and Law according to the said Lawes Ordinances and Restraints and in all other things which may appertaine to the exercise of soveraigne dominion in the places aforsayd And A. de B. Admirall of the Sea deputed by the King of England and all other Admiralls ordained by the sayd King of England had been in peaceable possession of the soveraigne guard with the cognizance of Justice and all other the appurtenances aforesayd except in case of Appeale and of complaint made of them to their Soveraignes the Kings of England in default of Justice and for evill Judgement and especially in making Restraints doing of Justice and taking surety of the peace of all manner of people using Armes in the said Sea and carrying Ships otherwise furnished and set forth then to Merchants Ships appertaineth and in all other points where a man may have reasonable cause to suspect them of Robbery or of other misdemeanours And whereas the Masters of the ships of the sayd Kingdome of England in the absence of the sayd Admirall hath been in peaceable possession of taking Cognizance and judging all actions done in the sayd Sea betweene all manner of people according to the said lawes Statutes restraints and customes And whereas in the said first Article of confederation lately made betweene the said Kings in the treatie upon the last peace at Paris are comprised the words which follow in a Schedule annexed to these presents First it is estreated and accorded betweene us and the messengers and Procurators aforesaid in the names of the said Kings That the said Kings shall from this time forward be one to the other good true and loyall friends and ayding against all men save the Church of Rome in such manner as if any one or more whatsoever they be would disinherit hinder or molest the said Kings in the Franchises liberties priviledges rights dueties customes of them and of their Kingdomes they shall bee good and loyall friends and ayding against all men that may live and die to defend keepe and maintaine the Franchises liberties priviledges rights duties and customes abovesaid except to the King of England Mounsieur Iohn Duke of Brabant in Brabant and his heires descended of him and of the daughter of the King of England and except to our foresaid Lord the King of France the excellent Prince Mounsieur Dubart King of Almaigne and Mounsieur Iohn Earle of Anhault in Anhault and that the one shall not be of Counsell or ayding where the other may lose life member estate or temporali honour Mounsieur Reyner Grimbald master of the said Navy of the said King of France who names himselfe Admirall of the said Sea deputed by his Lord aforesaid in his warre against the Flemmings after the said confederation made established and against the forme and force of the said confederation and the intention of them that made it wrongfully assumed the office of the admiraltie in the said Sea of England by the commission of the King of France and used the same one year more taking the people and Merchants of the kingdome of England and of other places passing through the said Sea with their goods delivered the people so taken to the prison of the said Lord the King of France in the Ports of his said kingdome as to him forfeited and accrewing And the taking and detayning of the said people with their said goods and Merchandise as also his said judgement and award hath justified before the Lords Auditors in writing by vertue of the authoritie of his said commission of the Admiraltie aforesaid by himselfe usurped and during a restraint generally made by the King of England by reason of his power and according to the forme of their articles of the confederation aforesaid which conteineth the words underwritten requiring that he might be acquitted and absolved of the same to the great dammage and prejudice of the King of England the Prelates Nobles and others above named Wherefore the said procurators in the names of their said Lords doe pray your Lordships Auditors aforesaid that you cause due and speedie deliverie of the said people with their goods and Merchandise so taken and detained to be made to the Admirall of the said King of England to whom the Cognizance of the same of right appertaineth as is before expressed So that without the disturbance of you or any other hee may take Cognizance therof and to doe that which appertaineth to his office aforesaid And the said Mounsieur Reyner Grimbald bee condemned and constrained to make satisfaction to all the said parties dampnifyed so far forth as hee shall be able and in his default his said Lord the King of France by whom he was deputed in the said Office And that after due satisfaction made to the parties dampnified the said Mounsieur Reyner bee so duly punished for the violation of the sayd confederation that his punishment may bee an example to others in time to come In the Record these memorable points are to be observed First That
prohibit all other wafters whatsoever that presumed to take that office upon them and to commit them to prison there to attend the Kings pleasure To this effect the venerable Camden in his description of the North riding of Yorkshire saith that the Hollanders in their fishing for herring upon the Northcoasts of England did first obtaine licence of Scarborough Castle for to doe But that which is most materiall to the Soveraigne command and proprietie of our King in this point of fishing especially appeareth in that all Neighbour Princes have by treatie obtained licence for their Subjects to fish in our seas As in truce and abstinence of war agreed betweene Henry the fourth and the French to the intent the Fishermen might fish in all parts the King sent forth his Letters as followeth Le Roy au toutz nous Admiralls a fin qu'en cest present herringinson les poissonniers de l'un pertie de l'auter puissoint peshenre plus seurement in le mere les Herrings touts autres poissons entre le haven de Scarborough de fin de pays de Flanders verle East dillonques sur le coast de Angleterre insanes an haven de Southampton sur le coast du Royanne de Frence de le dit fin de tout le dit pays de Flanders nisques a riviere de Sound sc. voulomus avomus ordonne oustre ordonnomus ottryons per ses presents Que touts les poissonniers de la dite partie de France poissoynt pesher seurement les herrens toutz autres pessons durant cest herringnison nisques an primer jour de Januarie prochainment a vener denis entre les bounds dessus limites The like liberty was granted by treaty between Henry the sixt and the Dutchesse of Burgundy to those of Brabant and Flanders witnessed by the Record following Rex omnibus ad quos c. Inspeximus quasdam continuationem prorogationem elargationem nuper facta super facto intercur sus commutationis Merchandiz Piscariae maris aliarum rerum necessarium ad utilitatem communem nostrorum regni Angliae dominii Hiberniae et villae Caliciae ex una parte et Ducatus Comitatus patriae Brabantiae Flandriae et Dominii villae Machlinae ex altera parte Amongst other Articles this is one Item et touts pecheurs tam de Angleterre Ireland et Calais peaceablement aller partont sur le mer pur pischer et gaigner leur venvre fans impeachment on disturber de l'vne partie on de l'auter So in a Truce to endure for thirty yeares between the King of England and his heires on the one party and the Duke of Burgundy and his heires on the other part One Article is Item et touts pecheurs tam D'angleter quam d'Ireland et de Calais sicome de pais de Mon Sur le Duke quelqueles soyent purront peaceablement aller par tout sur le mer pur pescher et sans 〈◊〉 lour so it be saigne sur ceo requirer ou obtitiner asc licence conge ou sau● conduict etc. The like in a truce and abstinence of War to endure the space of thirty yeares betweene Edward the fourth and his heires on the one part and Francis Duke of Brittaine on the other part where one Article is Item et touts pescheurs tam D'angleter ' sicome du dit pais et Duche de Britaigne quelqueles soyent purront peaceablement aller par tout sur mer pur pescher et gaigner lour unture sans impeachment ou disturber delv'ne partie au de la'uter et sans ceo lour soit besaigne sur ceo requirer sans conduct Moreover Philip the second King of Spaine in the first yeare of Queen Mary obtained license for his subjects to fish upon the North coast of Ireland for the terme of one and twenty yeares paying yearly for the same a thousand pound which was accordingly brought into the Exchequer of Ireland and received of Sir Henry Fitton being then Treasurer there as his sonne Sir Edward Fitton hath often testified To conclude this point It is notorious that at this day the King of France as others of his predecessors have done by the speciall license of the King of England fisheth upon our Coasts neare Rye with a set and limited number of small boates and that onely for provision of his own houshold being tyed to observe the Orders and Lawes of his owne Fishermen for breach whereof divers of his Subjects of late years have been taken and imprisoned in Dover Castle and elswhere Nor doth the King of England in these particulars claime or use any exorbitant Jurisdictions and differing from that of other States and Princes in like case who generally give Aliens lawes to passe or fish in the seas coasting upon their Territories And also impose Taxes and Tributes for their owne profit and commodity The Emperour of Russia compelleth all Fishermen within the Seas though it be many Leagues from the Maine to pay him Tribute In Scotland and other Islands under the King of Swede they are enforced to pay Taxes The King of Denmarke at his Wardhouse in the Sound hath for a Licence a Doller and for the Seale or Rose a Noble of every Ship and for every last of Herrings being 12 barrels a Doller The Duke of Medina Sidonia in Spaine hath his greatest revenues out of the Taxes layed upon Fishermen for their fishing in Tourney All Princes of Italy bordering upon the Seas receive a proportion of like benefit And the Hollanders themselves impose taxes on the fishes taken by their owne Fishermen in our Seas Now for the King of Englands Soveraignty in opening and stopping the passage of his Seas the presidents of ancient times imbarging and staying not onely Pyrates or Enemies but friends also that were suspected to trade with Enemies or had done particular wrong to the English subjects or upon some other urgent occasion or reason of State are so frequent in Record of Story that the transcribing and reading of a thing so generally known would certainly bee esteemed losse of time labour I remember those of Hamborough and other Easterlings though in amitie with us in the late raigne of Queene Elizabeth of famous memory were notwithstanding stayed from passing through our Seas towards Spain and good prize made of all other Nations that attempted to doe the like without license first had and obtained from hence I will therefore only note by the way to this purpose that strangers being to passe through our Seas either in coming to us or going to any other place without so much as touching upon any of the King of Englands Countries have used to take safe conducts and licenses of our Kings to secure them and protect them in their passage thereby acknowledging the right of their superiotie in this behalfe in the Seas Of