Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	die_v	king_n	scotland_n	3,606	5	8.4993	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

which sort amongst many the recitall of these two shall suffice Rex per literas suas patentes per triennium duraturas suscepit in salvum securum conductum suum ac in protectionem tuitionem defensionem suas speciales Edw. Sygal et Opicinum Lomeline de Jean Mercatores cum bonis Merchandizis suis in quibusdam Bargis Carakis sive navibus in partibus Janus carcatis alibi carcandis ab iisdem partibus in Regnum Dominum et potestatem nostra veniendam et exinde ad partes suas proprias tam per terram quam per mare transeundo et redeundo This was granted to certaine Merchants comming with their Shippes and goods out of Italy into England That which followeth was to those which passed the Seas as well to other places ubicunque placuerit as this kingdome Rex per literas suas patentes de gratia sua speciali suscepit in salvum securum conductum suum ac in protectionem tuitionem defensionem suas speciales Robertum Forrester Rogerum de Clerk Leonardum Blanch Johannem de Conwillis Mercatores de Normania et eorum quemlibet ac factores Attornatos et servientes suos et quemlibet eorum in regnum Regis Angliae ac alia Dominia Jurisdictiones et territoria Regis Angliae quaecunque vel alibi ubicunque eis placuerit cum una nave vocatale grace de Dieu de Roven portage 90. Doliorum vel infra unde Johannes de Bognas Nundinas de Basher Martinus Hunday Johannes de Blanch Johannes Massey vel Wilielmus Emry est Magister Quibusdam bonis vel Merchandizis carcatae et cum 20. Marinariis et uno pagetto vel infra pro gubernatione ejusdem Navis nec non pro rebus hernesiis et aliis armaturis quibuscunque pro corporibus corum et pro defensione ejusdem navis necessariis et defensibilibus secum habendis et ferendic It remaineth to shew that by reason of this prerogative and soveraigntie all manner of wrecks and royall fishes taken in our seas are due unto the King of England onely or unto such unto whom by special charters they have granted the same For manifestation hereof although the known and continued practise might suffice we are to take notice that by the fundamentall Laws of this Kingdome the King shall have wreack of the sea all Whales and Sturgions taken therein with Porpoyces and other royall fishes And for declaration of this Law the Statute made 17 Edw. 2. concerning the Kings prerogative saith Item Rex habebit wreccum maris per totum regnum Balenas et Sturgiones captas in mare vel alibi infra regnum exceptis quibusdam privilegiatis locis per Regem So likewise Porpoyces are adjudged to belong unto the King unlesse any man can claime the same by Charter or Prescription and accordingly in ancient Charters granted by our Kings to particular places and persons and among other liberties wreccum maris is usually passed by special words arguing the Kings soveraigne right and power to dispose thereof at his pleasure by vertue whereof Wreck at this day is taken and enjoyed by many as well Towns and Corporations as private men But for cleare proofe of the right and practise of this Soveraignty the Record following is very remarkable and not to be omitted In a plea betweene Peter de St. Cleere the Abbat of Cherbourgh and Godfery de Carteret Attorney for the Prior the name of the Monasterie is worne out of the Record concerning 2 Tuns of Wine found by certain Marriners in alto Mari and by them brought to land through certain places where the said parties claimed to have liberty of wreck After long debate and full hearing of the case recited at length in the Record the conclusion and judgement is as followeth Et Willielmus de Marciis qui sequitur pro Domino Rege dicit quod nullus eorum petere potest praedicta vina et wreccum quia dicit quod ea tantummodo sunt wreccum quae fluctus Maris projiciunt ad terram vel infra portum vel tam prope terrm quod astantihus in terra possint perpendi et sic ducantur vel trahentur ad portum et ea quae reperta sunt in alto Mari unde wreccum non existit quod fluctus Maris ea vellent projicere sed per laborem Marrinariorum leventur à Mari et ponantur in Navi vel batello et sic invasi ducantur ad terram et non tangunt terram alicujus per trahimitronem nec alio quovismodo non possunt sed sunt tantummodo de adventuris maris de quibus nullus potest aliquid clamare nisi salvatores et Dominus Rex concessit libertatem percipiendi hujusmodi adventuras Et petit judicium pro Domino Rege Et praedictus Petrus et alii non possunt hoc dedicere Et ideo consideratum est quod praedicta vina remaneant Domino Regi salva salvatoribus parte sua et Petrus et alii in misericordia pro falso clamore Postea unum de praedictis doliis concessum fuit praedicto priori pro LXs de parte sua et de XXs residuis respondet Domino Regi Whence wee are to observe that all findings or things floating in alto Mari and consequently the maine Sea or Channell it self belongeth to the King of which those that finde the same are to have two parts of three for their share in respect of their paines and the other third part is due to the King For conclusion of that which hath been shewed already I have thought fit to adde such presidents out of the municipall and common Lawes of the kingdome marshalled together in one body or classis as do affirme this the King of Englands Prerogative and supreame Jurisdiction in and over the Seas which being severally applyed to such heads as are formerly set downe will evidently evict the truth thereof Bracton in his booke de acquirendo rerum dominio saith Si autem insula in mari nata est quod raro accidit occupantis sit per consequens Regis propter suum privi legium The same Bracton affirmeth that one of the Articles to bee enquired before the Justices Merchants was de purpresturis factis super dominum Regem sive in mari c. 6. R. 2. upon an action of debt the defendant sued forth a protection At which time Justice Belknapp tooke exception saying the protection is quia profecturus est super mare with G. K. Ad mirall and you never saw protection allowed of if the partie did not goe out of the legiance of the King of England in the parts of Scotland Gascoignie or France But the Sea is of the legeance of the King of his Crowne of England wherefore it seemeth the protection is allowable and you never saw such a

protection allowed before this day But afterwards an expresse writ came out of the Chauncerie commanding the protection to be allowed A child borne upon the Kings Seas is not an Alien by the common law Tempore Edw. 1. a replevin was brought of a Ship taken upon the wast of Scarborough on the sea and from thence carried into the Countie of Norfolke to which Mutford tooke two exceptions one because no certaine Towne or place was named from whence the visne should come for the wast extendeth foure leagues Secondly because of a thing done upon the Sea this Court cannot have cognizance To which Justice Beresford said that the king will that peace be kept as well upon the Sea as upon the land and we finde that you are come in upon due proces and so no cause but that you should make answer Doctor and Student saith that the king is Lord of the narrow Seas as bound to scowre the sea of Pirates and petty Robbers and therefore shall have wreck of the sea By the common Law the King shall have Flostan Jestan and Ligan Flostan being such Goods as after shipwrack doe floate upon the superficies of the water Jestan are all manner of goods that the Marriners being in danger do cast out of the ship perished By Ligan is understood all things that are ponderous and in shipwrack doe sinke to the ground and bottome of the sea By all which presidents it is manifest that by the common Law of the land the king is proprietory Lord of our seas that the seas of England are under the legeance of the king that the king is the soveraigne conservator of the peace as well upon the sea as land That not onely things floating on the superficies of the water but such as lye upon the soile or ground thereof belong properly unto the king whereupon I conclude That Rex Maris imperio Dominio et fundo possidet And that it may appeare how great a King the King of England is by reason of this his soveraignty and dominion it will not bee amisse to take a view of the inestimable riches and commodities which besides ourselves other nations our neighbours doe daily reape especially by fishing in our seas insomuch that no Christian Prince of the world is Lord of any Territory that considering all circumstances yeeldeth the like constant and generall benefit for proofe whereof I will briefly set downe such observations as others have heretofore made and we our selves find by daily experience to be true beyond all exception The inestimable Riches and Commodities of the Brittish Seas THE Coasts of Great Brittaine doe yeeld such a continuall Sea-harvest of gaine and benefit to all those that with diligence doe labour in the same that no time or season in the yeare passeth in the yeare passeth away without some apparent meanes of profitable imployment especially to such as apply themselves to fishing which from the beginning of the yeare unto the latter end continueth upon some part or other upon our Coasts and therein such infinite shoales and multitudes of fishes are offered to the takers as may justly move admiration not only to strangers but to those that daily bee imployed amongst them The Summer fishing for herring begineth about Midsommer and lasteth some part of August The winter fishing for herring lasteth from September to the midst of November both which extend in place from Boughones in Scotland to the Thames mouth The fishing for Cod at Alamby Wirlington and White haven neare the coast of Lancashire from Easter untill Whitsontide The fishing for Hake at Aberdeny Abveswhich and other places betweene Wales and Ireland from Whitsontide to Saint Iames tide The fishing of Cod and Ling about Padstow within the land and of Severne from Christmas to Midlent The fishing for Cod on the West part of Ireland frequented by those of Biscay Galicia and Portugall from the beginning of Aprill untill the end of Iune The fishing for Cod and Linge on the North and Northeast of Ireland from Christmas untill Michealmas The fishing for Pilchers on the west coast of England from St. Iames tide untill Michaelmas The fishing for Cod and Ling upon the Northeast of England from Easter untill Midsommer The fishing of great Staple Ling and many other sorts of fish lying about the Ilands of Scotland and in the severall parts of the Brittish Seas all the yeare long In September not many yeares since upon the Coast of Devonshire neare Minigall 500 Tonne of fish were taken in one day And about the same time three thousand pound worth of fish in one day were taken at St Ives in Cornew all by small boates and other poore provisions Our five-men-boats and cobles adventuring in a calme to launch out amongst the Holland Busses not far from Robin-hoods Bay returned to Whitby full fraught with herrings and reported that they saw some of those Busses take 10. 20. 24. lasts at a draught of herrings and returned into their owne Country with 40. 50. and 100. lasts of herrings in one Busse Our Fleete of colliers not many yeares since returning from Newcastle laden with coales about the well neare Flanborough head and Scarborough met with such multitudes of Cod Ling and herring that one amongst the rest with certaine shiphookes and other like Instruments drew up as much cod and Ling in a little space of time as were sold well neare for as much as her whole lading of coale And many hundred of ships might have bin there laden in two daies and two nights Out of which wonderfull affluence and abundance of fish swarming in our seas that wee may the better pereceive the infinite gaine which forraine Nations make I will especially insist upon the fishing of the Hollanders in our Coasts and thereby shew how by this meanes principally they have increased 1. In Shipping 2. In Marriners 3. In Trade 4. In Townes and Fortifications 5. In Power externe or abroade 6. In publique Revenue 7. In private wealth 8. In all manner of Provisions and store of things necessary 1. Encrease of Shipping BEsides 700. Strand boates 400. Evars and 400. Sullits Drivers and Todboates wherewith the Hollanders fish upon their owne coasts every one of those imploying another ship to fetch salt and carry their fish into other countries being in all 3000. saile maintaining and setting on worke at least 4000. persons Fishers Tradesmen Women and Children They have 100. Doyer boates of 150. Tunnes a peece or there abouts 700. Pincks and Well-boats from 60. to 100. Tuns a peece which altogether fish upon the coasts of England and Scotland for Cod and Ling onely And each of these employ another vessell for providing of salt and transporting of their Fish making in all 1600. ships which maintain and imploy persons of all sorts 4000. at least For the Herring season they have 1600. Busses at the least all of them fishing onely upon our coasts from Boughonnesse in Scotland to the mouth of Thames And