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A33387 His Majesties propriety and dominion on the Brittish seas asserted together with a true account of the Neatherlanders insupportable insolencies and injuries they have committed, and the inestimable benefits they have gained in their fishing on the English seas : as also their prodigious and horrid cruelties in the East and West-Indies, and other places : to which is added an exact mapp, containing the isles of Great Brittain and Ireland, with the several coastings, and the adjacent parts of our neighbours / by an experienced hand. Codrington, Robert, 1601-1665.; Clavell, Robert, d. 1711. 1665 (1665) Wing C4602; ESTC R3773 67,265 198

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instead of redressing their Injuries they have increased them About three years since they concluded a Treaty with the English and having ingaged that better order should for the future be observed they have since heaped new Injuries to the utter over-throw of all the Trade of His Majesties Subjects in the East and West-Indies Witness our Ships the Hope-well the Leopard and some others in the East-Indies And the Charles the James the Mary the Sampson the Hopefull Aduenture the Speed-well on the Coast of Africa And after all these Acts of the Highest Injustice and their utmost endeavours for driving on a War they would make the world believe that his Majesty is the first undertaker of it who from his own Mouth to their Ambassadour in England and by his Injunctions to Sir George Downing his Minister at the Hague hath given so many and such Remarkable Demonstrations to the contrary What can they say to the Memorial of the complaints which Sir George Downing exhibited to the States General importing that in the space of a very few years almost twenty English Ships with their whole Lading to a very great value have been seized upon in a horrible manner and the Men in them most Barbarously and most Inhumanely Treated being put into stinking and nasty Dungeons and Holes at Castel del Mina where they did lye bedded and bathed in their own Excrements having nothing but bread and water given them and not enough of that neither to sustain Nature their Bodies being under the Fury of Exquisite and Horrid Torments and when any of them died the living and the dead were left together and such as out-lived that cruelty were exposed in the woods to famine or to the mercy of wild beasts in those desolate Countries or to be carried into Captivity by the Natives by which means several Hundreds of His Majesties Good Subjects have perished and been destroyed And unto this hour notwithstanding all sollicitations and endeavous of his Majesties Envoy not one penny of Satisfaction can be had either for the loss of the Ships or the Persons concerned in any of them but to the contrary they have ever since hindred and shot at the English Ships that have Anchored by them and have took by force all the Boats of those Natives who have endeavoured to come aboard them and have seized also upon the English Boats that would go on shore and deprive them of all manner of Provision nor suffer so much as fresh water to be brought unto them And to give a further proof of their Confidence and Ambition they have published a Declaration wherein they assume and challenge to themselves a Right to that whole Coast to the Exclusion of all other Nations Although by Order from His Majesty Sir George Downing both in Publick Conferences with the Deputies of the Lords General as also with those of Holland in particular hath at large Remonstrated His Majesties Right and Interest in some part therein having by his Subjects bought the Ground of the King of that Country for a valuable Consideration and built a Factory thereon And yet for all this some of the Dutch-West-India Company by Fraud and ireachery have got into the place and no hopes of the Restitution of it but they are resolved to keep by violence what they have gained by deceit Moreover what can they say for themselves concerning their stirring up the King of Fantin by rewards and sums of Money and supplying him with all manner of Arms and Ammunition for the surprizing of his Majesties Castle at Cormantin in the West-Indies so that an absolute Necessity is imposed upon his Majesty and his Subjects either of losing all that have been actually taken from them and abandoning for ever that Trade it self or of betaking themselves to some other wayes for their Relief And what Hope is there of their Restoring back any place which they have once taken The Island of Polleroon hath been upon surrendring back to the English ever since the year 1622. at which by a Solemn and Particular Treaty it was promised to be done and again by another Treaty in the year 1654. and by an Order of the States General and the East Company of that Nation in the year 1661. and again by another Treaty in the year following And yet to this day there is not the least mention of any thing Restored And should any Man then think it strange that His Majesty after so long an experience of the perversness and deceitfulness of that Nation should suffer his Subjects to repossess themselves of those places which by the hand of Violence and Oppression they have forced from them Now as for the business of the New-Neatherlands as they are pleased to call it It hath been abundantly else-where prov'd that the said Land is part of the Possession of His Majesties Subjects of New England which their Charter plainly and precisely expresseth And those few Dutch that have lived there heretofore have lived there meerly upon the connivence and sufferance of the English which hath been permitted to them so to do so long as they demeaned themselves peaceably and quietly but the Dutch not contenting themselves therewith have incroached more and more upon the English imposing their Laws and Customs and endeavouring to raise Contributions and Excises on them and in those places where the Dutch had never been whereupon they have been necessitated several times to send Souldiers for the repulsing of them Since the Conclusion for the late Treaty the Dutch have made new Incursions upon the English and given them many new Provocations and have ordained a Tryal of Causes amongst themselves and a proceeding by course of Arms without any appealing into Europe at all And can any Prince then think it strange especially the King of France if His Majesty of England suffer his Subjects to rescue themselves from such continual Vexations seeing the King of France himself hath been pleased this year to Order his Subjects to re-possess themselves by force of Arms of a certain place called Cayen which the French alledge hath been wrongfully kept from them by the West-India Company of the Neatherlanders As for the business of Captain Holmes at Capo Verde in Guiney a complaint was no sooner made to His Majesty this last year in the Moneth of June But His Majesty immediately returned Answer that he had given no Order nor Direction there into Captain Holmes and that upon his Return he would examine the business and see that Right should be done according to the nature of the Offence In order whereunto when Captain Holmes was returned His Majesty sent him to the Tower and being afterwards allowed the liberty of some few dayes to follow his particular business he was again Commanded back where being strictly and throughly Examined touching the management of the whole matter complained of he so fully and so clearly upon every point did acquit himself that His Ma●esty was graciously pleased to grant him his
time of Richard the Second Hugh Calverley was made Admiral of the Sea saith the same Author and the Universal Custody of the Sea was committed by our Kings to the High Admirals of England And that the Dominion of the Seas is properly in the Power and Jurisdiction of the King may appear by those Tributes and Customes that were Imposed and Payed for the Guard and Protection of them The Tribute called the Danegeld was paid in the Time of the English Saxons which amounted to four shillings upon every Hide of Land for the defending of the Dominion by Sea Roger Houerden affirmeth that this was paid until the Time of King Stephen Afterwards Subsidies have been demanded of the People in Parliament upon the same Account and in the Parliament-Records of King Richard the Second it is Observable That a Custome was imposed upon every Ship that passed through the Northern Admiralty that is from the Thames along the Eastern Shoare of England towards the North-East for the Maintenance of a Guard for the Seas Neither was this Imposed onely upon the English but also upon the Ships of Forreigners payment was made at the Rate of six pence a Tun upon every Vessell that passed by such Ships only excepted that brought Merchandize out of Flanders into London If a Vessel were imployed to Fish for Herrings it payed the Rate of Six pence a week upon every Tun If for other kind of Fish so much was to be payed every three weeks as they who brought Coles to London from New-Castle paid it every three Moneths But if a Vessel were bound North-wards to Prussia Scone or Norway or any of the Neighbouring Countries it payed a particular Custome according to the Weight and Proportion of the Freight And if any were unwilling it was Lawful to Compel them to pay In this Place we shall give you the Copy of the usual form of a Commission whereby the High Admiral of England is Invested with Authority for the Guard of the Sea it runneth in these Words VVE Give and Grant to N. the Office of our Great Admiral of England Ireland Wales and of the Dominions and Islands belonging to the same also of our Town of Calais and our Marches thereof Normandy Acquitayn and Gascoign and we have Made Appointed and Ordained And by these Presents we Make Appoint and Ordain ●im the said N. our Admiral of England Ireland and Wales and our Dominions and Isles of the same our Town of Calais and our Marches thereof Normandy Gascoign and Aquitayn as also General Governour over all our Fleets and SEAS of our said Kingdomes of England and Ireland and our Dominions and Islands belonging to the same And know ye further that we of our especial Grace and upon certain Knowledge do Give and Grant to the said N our Great Admiral of England and Governour General over our Fleets and Seas aforesaid all manner of Iurisdictions Authorities Liberties Offices Fees Profits Duties Emoluments Wracks of the Sea cast Goods Regards Advantages Commodities Preheminences Priviledges whatsoever to the said Officer our Great Admiral of England and Ireland and of the other Places and Dominions aforesaid in any manner Whatsoever Belonging or Appertaining Thus we see we have a continual Possession or Dominion of the Kings of England by Sea pointed out in very Expresse Words for very many years We may add to this that it can be proved by words plain enough in the form of the Commissions for the Command of High Admiral of England that the Sea for whose Defence he was appointed by the King of England who is Lord and Sovereign of it was ever bounded towards the South by the Shores of Aquitain Normandy and Picardy for although those Countries sometimes in the Possession of the English are now lost and for many years under the Jurisdiction of the French yet the whole Sea Flowing betwixt our Brittish Isles and the Provinces over against them are by a Peculiar Dominion and Right of the King of England on those Seas subject unto them whom he puts in Command over the English Fleet and Coasts that there remaineth neither Place nor Use for any other Commanders of that kinde And as for the Islands of Gernesey Jersey and the rest Mr. Selden affirmeth that before a Court of Delegats in France in expresse terms it hath been acknowledged that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein Par raison du Royalmed ' Angleterre upon the Account of the Realm of England or as they were Kings of England And in the Treaty held at Charters when Edward the Third Renounced his Claim to Normandy and some other Counties of France that bordered upon the Sea it was added that no Controversie should remain touching the Islands but that he should hold all Islands whatsoever which he Possessed at that time whither they lay before those Countries y t he held there or others For Reason required this that he should maintain his Dominion by Sea And both Gernesey and Jersey as well as the Isles of Wight and Man in several Treaties held betwixt the Kings of England and other Princes are acknowledged not onely to lye neer unto the Kingdome of England but to belong unto it But to give a greater Light to this Truth we may from several Records produce many Testimonies that the Kings of England have given leave unto to Forreigners upon Request to passe through their Seas he gave permission to Ferrando Vrtis de Sarachione a Spaniard to Sail freely from the Port of London through his Kingdomes Dominions and Jurisdiction to the Town of Rochel There are Innumerable Letters of safe Conducts in the Records especially of Henry the Fifth and Sixth whereby safe Port and Passage was usually granted And it is worthy of observation that these kinde of Letters was usually superscribed and directed by those Kings to their Governours of the Sea-Admirals Vice-Admirals and Sea-Captains And to clear all at once the Kings of England have such an absolute Dominion in the English Seas that they have called the Sea it self their Admiralty And this we finde in a Commission of King Edward the Third The Title whereof is De Navibus Arrestandis Capiendis For the Arresting and Seizing of Ships The Form of it runs in these Words The King to his beloved Thomas de Wenlock his Serjeant at Armes and Lievtenant To our Beloved and Trusty Reginald de Cobham Admiral of our Fleet of Ships from the mouth of the River of Thames towards the Western parts Greeting Be it known unto you that we have appointed you with all the speed that may be used by you and such as shall be Deputed by you to Arrest and Seize all Ships Flie-Boats Barks and Burges of ten Tun burthen and upwards which may happen to be found in my foresaid ADMIRALTY that is in the Sea reaching from the Thames Mouth towards the South and West and
to bring them speedily well and sufficiently Armed to Sandwich c. All Officers also in the said Admiralty are Commanded to yeild Obedience and Assistance upon the same Condition Thus That the Sea it self was contained under the Name of the Admiralty is most clearly manifest by what already we have shown you And as a Freedome of Passage so also we do finde that a Liberty of Fishing hath been obtained by Petition from the Kings of England we have already made mention that King Richard the Second imposed a Tribute upon all persons whatsoever that used Fishing on his Seas We read also that Henry the Sixth gave leave to the French and other Forreigners sometimes for a Year sometimes but for six Moneths to go and Fish throughout his Seas provided that the Fishing-Boats and Busses were not above thirty Tuns And if any Forreigners whither French Dutch or others should Disturb or Molest any of the Kings Subjects as they were Fishing they were to loose the benefit of their Licence But in the Eastern Sea which washeth the Coasts of York-shire and the Neighbouring Counties It hath been an Antient Custome for the Hollanders and Zelanders to obtain leave by Petitioning to the Governour of Scarborough Castle It is worth the while saith the Reverend Mr. Cambden to observe what an extraordinary gain the Hollanders and the Zelanders do make by fishing on the English Seas having first obtained leave from the Castle of Scarborough For the English have ever granted them leave to Fish reserving always the Honour and the Priviledge to themselves but through a negligence resigning the Profit unto Strangers for it is almost incredible saith he to believe what a vast sum of Money the Hollanders do make by this Fishing upon our Coast Mr. Hitchock also in the time of Queen Elizabeth presented a Book to the Parliament written in the English Tongue concerning the Commodity of Fishing in which he specifies that the Hollanders and Zealanders every year towards the latter end of summer do send forth four or five hundred Vessels called Busses to Fish for Herrings in our Eastern Seas but before they fish they ask leave of Scarborough they are his very Words Care was also taken by K. James that no Foreigner should Fish on the English or Irish Seas without leave first obtained and every year at the least this leave was renewed from the Commissioners for that purpose appointed at London But the Reason why we do not so often meet with these Forms of Licences is because by the Leagues made with the Neighboring Princes a Licence or Freedom of that kinde was so often allowed by both parties that as long as the League was in Force the Sea served as it were a Common Feild as well for the Forreigner y was in Amity as for the King of England himself who was the Lord and owner of it But a remarkable Example of Fishing in this Nature we finde in the days of King Henry the Fourth An Agreement was made betwixt the Kings of England and France that the Subjects of both Kingdomes might freely Fish throughout that part of the Sea which is bounded on this side by the Ports of Scarborough and Southampton and on the other side by the Coast of Flanders and the Mouth of the River of Sein The time was also limited betwixt Autumn and the beginning of January And that the French might securely enjoy the Benefit of this Agreement the King of England sent Letters unto all his Sea Captains and Commanders By this we may plainly see that these Limits wholy excluded the French from that part of the Sea which lies towards the West and South-West as also that which lieth North-East of them as being so limited by our Henry at his own pleasure as Lord and Soveraign of the whole There is amongst the Records of Edward the First an Inscription Pro Hominibus Hollandiae c. For the Men of Holland Zealand and Friesland to have leave to Fish neer Jernemuth now called Yarmouth The Kings Letter for their Protection runneth in these Words The King to his Beloved and Trusty John de Buteturte Warden of his Port of Jernemuth Greeting For as much as we have been certified that many men out of the Parts of Holland Zealand and Freisland who are in Amity with us intend now to come and Fish in our Seas neer unto Jernemuth we command you that publick Proclamation be made once or twice every week that no Person whatsoever imployed abroad in our Service presume to cause any Injury Trouble Dammage Hinderance or Grievance to be done unto them but rather when they stand in need that you give them Advice and Assistance in such manner that they may Fish and pursue their own Advantage without any Let or Impediment In Testimony whereof we have caused these our Letters to be made Pattents and to continue in Force until after the Feast of St. Martins next ensuing Here you see that the King granteth a Protection to Fish and he Limits it within the space of two Moneths He alone also Protected the Fishermen upon the German Coast nor might the Fishermen use any other kind of Vessels then what were Prescribed by our Kings Upon which Accounts all kind of Fishing was sometimes prohibited and sometimes admitted this Restriction being added hat they should Fish onely in such Vessels as were under the Burden of Thirty Tun And this appears by the Letters of King Edward the Third concerning the Laws of Fishing which were directed unto the Governours of several Ports and Towns on the Eastern Shoar the Words are these For as much as We have given Licence to the Fishermen of the Neighbouring Ports and to others who shall be willing to come unto them for the Benefit of Fishing that they may Fish and make their own Advantage with Ships and Boats under the burden of thirty Tuns any Prohibition or Commands of ours whatsoever to the contrary notwithstanding we command you to permitt the Fishermen of the said Towns and others who shall be willing to come to the said places for the Benefit of Fishing to Fish and make their own Advantage with Ships and Boats under-thirty Tun without any Let or Impediment any Prohibitions or Commands of ours made to the contrary in any wise notwithstanding This is evident also in the Records of King Edward the Fourth for he invested three Persons with Naval Power whose Office it was to Protect and Guard the Fishermen upon the Coasts of Norfolk and Suffolk and the charges of the Guard were to be Defrayed by the Fishermen of the said Seas at the pleasure of the King of England although they have Letters of Publick Security and Protection from Foreign Princes Neither were any Persons admitted to a Partnership in this kind of Guard except those who were appointed by the King of England least by this means perhaps it might Derogate from the English Right which is a manifest Sign and Evidence of their