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A33599 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 Britain, 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, attributed name. 1672 (1672) Wing C4876B; ESTC R219456 66,598 191

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sayle and they were not to be protected upon the Account of Amity who should in any wise presume to do the contrary Penalties were also appointed by the Kings of England in the same manner as if mention were made concerning a Crime committed in some Territory of his Land But above all that as yet hath been said there can hardly be alledged a more convincing Argument to prove the Truth of all that hath hitherto been spoken then the Acknowledgement of the Sea-Dominion of the King of England by very many of our Neighbouring Nations At what time the Agreement was made by Edward the First of England and Philip the Fair of France Reyner Grimbald Governour of the French Navy Intercepted and Spoyled on the English Seas the Goods of many Merchants that were going to Flanders Rot. Parl. 31 Edw. 1. Membran 16. as well English as Others and not contented with the Depredation of their Goods He Imprisoned also their Persons and delivered them up to the Officers of the King of France and in a very insolent manner justified his Actions in Writing as done by Authority of the King his Masters Commission This being alledged to be done to the great Damage and Prejudice of the King of England the Prelats Peers and the rest of the Nation a Bill against Reyner Grimbald was exhibited and managed by Procurators on the behalf of the Prelates Peers and of the Cities and Towns throughout England and lastly of the whole English Nation by an Authority as I believe of the Estates Assembled in Parliament with these were joyned the Procurators of most Nations bordering upon the Sea throughout Europe Viz. The Genoeses The Catalonians The Spaniards The Almayns The Zealanders The Hollanders The Freislanders The Danes The Noruegians The Hamburghers c. All these instituted a Complaint against Reyner Grimbald who was Governour of the French Navy Ibidem ut Supra in the time of the War of Philip King of France and Guy Earle of Flanders And all these Complainants in their Bill do joyntly affirm that the King of England and his Predecessors have time out of minde and without Controversie Enjoyed the Soveraignty and Dominion of the English Seas and the Isles belonging to the same by Right of their Realm of England that is to say by Prescribing Laws Statutes and Prohibitions of Armes and of Ships otherwise furnished then with such necessaries and Commodities as belong to Merchants and by demanding Security and affording protection in all places where need should require and ordering all other things necessary for the conservation of Peace Right and Equity between all sorts of People passing through that Sea as well Strangers as others in Subjection to the Crown of England Also that they have had and have the Soveraign Guard thereof with all manner of Cognisance and Jurisdiction in doing Right and Justice according to the said Laws Ordinances and Prohibitions and in all other matters which may concern the Exercise of Soveraign Dominion in the said places This is the Declaration of the Nations above named manifestly acknowledging the Sovereignty and Dominion of our Kings over the Seas and thereupon demanding protection for themselves Tilius in Recueil destraictes fol. 4. But more particularly we do finde an acknowledgment of the Sea-Dominions of the Kings of England made by the Flemmings themselves in the Parliament of England in the Reign of Edward the Second the Records of the Parliament speak it thus In the Fourteenth Year of the Reign of Edward the Second Rot. Parl. 14. Edvar 2. Membran 26. there appeared certain Ambassadours of the Earl of Flanders to Treat about the Reformation of some Injuries they received and as soon as the said Ambassadours had been admitted by our Lord the King to Treat of the said Injuries amongst other particulars they required that the said Lord the King would at his own Suit by Vertue of his Royal Authority cause Enquiry to be made and do Justice about a Depredation by the Subjects of England upon the English Seas taking Wines and other sort of Merchandizes belonging to certain Merchants of Flanders towards the parts of Crauden within the Territory and Jurisdiction of the King of England Alledging that the said Wines and other Merchandizes taken from the Flemmings were brought within the Realm and Jurisdiction of the King and that it belonged to the King to see Justice done in Regard that HE IS LORD OF THE SEA and the aforesaid Depredation was made upon the said Sea within his Territory and Jurisdiction c. This we have Cited out of the Parliament Records which may Declare an Acknowledgement of the Sea-Dominion of our Kings made by those Foreign and Neighbour-Nations who were most concerned in the Business Having given you thus besides the Attestation of our own Writers the acknowledgment of Foreign Nations that the King of England hath the Dominion of the Seas we shall now come to give you an Account of those Northern Seas which came unto the Subjection of the Kings of England at what time King James of Blessed Memory by reducing the two Nations into one Great Brittanie United the Crown of Scotland to the Crown of England Odericus in his Ecclesiastical History informs us that the Orcades was subject heretofore to the King o● Norway and that the people of the Orcades do speak the Gothish Language to this day these Isles are Numerous and onely Twenty Eight of them are at this day Inhabited Above One Hundred Miles beyond the Orcades towards Norway are the Shetland Isles in Number Eighteen which are at this day Inhabited and in subjection to the King of Scotland Cambd. in Insul Britan p. 849. concerning which there hath been a great Quarrel in former Ages between the Scots and Danes but the Dane kept the Possession All these Islands did Christiern King of Denmark peaceably Surrender together with his Daughter in Marriage to James King of Scots until that either he himself or his Posterity paid to the Scottish King or his Successors the sum of Fifty Thousand Rhenish Florens which were never discharged to this day But afterwards when the Queen had been delivered of Her Eldest Son the Danish King being willing to Congratulate his Daughters good Delivery did for ever Surrender his Right in the Islands of the Orcades Shetland the rest unto the Scottish King This was in the days of James the Third of Scotland in the Year 1468. A Claim was afterwards laid to Iseland by Q. Elizabeth And her Successor K. James the Sixth of Scotland Cambden Annal. Elizab. and first of England hath a Dominion in the Sea which lieth farr more Northerly then Iseland which is that of Greenland For that Sea having never been entred by Occupation nor used in the Art and Exercise of Fishery was first of all rendered very gainful through a peculiar Fishing for Whales by those English Merchants of the Muscovie Company who first Sailed that way The use of a Sea
payed the Rate of Six pence a week upon every Tun ●f 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 Rot. Parl. 2 Rich. 2. part 2. Act 38. 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 Ord●in ●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 a●so Gene●al Governour over all our F●eets 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 s●id Officer our Great Admiral of England and Ireland and of the o●her Places and Dominions aforesaid in ●ny 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 Seld. Mare Clausum page 334. not onely of this Sea but also of the Islands placed therein Par raison du Royalme d' 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 that 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 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 Rot. Fran. 5 Hen. 4. 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 Rot. Fran. 38 Hen. 6. 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
never entred by Occupation and such a kinde of profit being first discovered doth according to the manner of the Claim give a Dominion to the Discoverer who claims it in the Right of another as here in the Name of the Sovereign of England Upon which ground it was that King James in his Letters of Credence given to his Ambassadour in Holland Sir Henry Wotton did very justly say that the Fishing in the North Seas was His onely and His by Right In the Seventh year of the Reign of King James this Right was more strenuously asserted by Proclamation and all persons excluded from the use o● the Seas upon our Coasts without particular License the Grounds whereof you have here set down in the Proclamation it self A Proclamation Touching Fishing JAMES by the Grace of God King of Great Brittain France and Ireland Defender of the Faith c. To all an● singular persons to whom it may appertein Greeting Although we do sufficiently know by Our Experience in the Office of Regal Dignity in which by th● Favor of Almighty God We have béen placed and exercised these many years as also by the observation which We have made of other Christian Princes exemplarie actions how farr the absolutenesse of Sovereign Power extendeth it self and that in regard thereof We need not yield account to any person under God for any action of Ours which is lawfully grounded upon that Iust Prerogative Yet such hath ever béen and shall be Our care and desire to give satisfaction to Our Neighbour-Princes and Friends in any action which may have the least relation to their Subjects and Estates as We have thought good by way of friendly premonition to declare unto them and to whomsoever it may appertain as followeth Whereas we have been contented since Our coming to the Crown to tolerate an indifferent and promiscuous kinde of liberty to all Our Friends whatsoever to Fish within Our Streams and upon any of Our Coasts of Great Brittain Ireland and other adjacent Islands so farr forth as the permission or use thereof might not redound to the impeachment of Our Prerogative Royal nor to the Hurtan● Damage of our loving Subjects whose preservation and stourishing Estate We ●old Our self principally bound to advance before all worldly respects So finding that Our continuance therein hat● not onely given occasion of over-great encroachments upon Our Regalities or rather questioning of Our Right but hath béen a means of daily wrongs to Our own People that exercise the Trade of Fishing as either by the multitude of strangers which do pre-occupie those places or by the injuries which they receive most commonly at their hands Our Subjects are constrained to abandon their Fishing or at least are become so discouraged in the same as they hold it better for them to betake themselves to some other course of living whereby not onely divers of Our Coast-Towns are much decayed but the number of Mariners daily diminished which is a matter of great consequence to Our Estate considering how much the strength thereof consisteth in the Power of Shipping and use of Navigation We have thought it now both just and necessary in respect that Wée are now by God's favor lineally and lawfully possessed as well of the Islands of Great Brittain as of Ireland and the rest of the Isles adjacent to bethink Our selves of good lawful means to prevent those inconveniences and many others depending upon the same In consideration whereof as We are desirous that the world may take notice that we have no intention to denie Our Neighbours and Allies those fruits and benefits of Peace and Friendship which may be justly expected at Our hands in Honour and Reason or are afforded by other Princes mutually in the point of Commerce and Exchange of those things which may not prove prejudicial to them so because some such convenient order may be taken in this matter as may sufficiently provide for these important considerations which do depend thereupon We have resolved first to give notice to all the world that Our Express Pleasure is That from the beginning of the Moneth of August next coming no Person of what Nation or Quality soever being not Our nat●●al born Subject be permitted to Fish upon any of Our Coasts Seas of Great Brittain Ireland and the rest of the Isles adjacent where most usually heretofore any Fishing hath béen until they have orderly demanded and obtained Licenses from Vs or such Our Commissioners as we have Authorised in that behalf viz. at London for Our Realms of England and Ireland and at Edenborough for Our Realm of Scotland which Licenses Our intention is shall be yearly demanded for so many Vessels and Ships and the Tonnage thereof as shall intend to Fish for that whole year or any part thereof upon any of Our Coasts and Seas as aforesaid up●n pain of such chastisement as shall be fit to be inflicted upon such wilful Offendors Given at our Palace of Westminster the 6. day of May in the 7th year of Our Reign of Great Brittain Anno Dom. 1609. Notwithstanding this Proclamation the Netherlanders proceeded still in their way of encroachment upon our Seas and Coasts through the whole Reign of King James and were at length so bold as to contest with him and endeavour to quarrel His Ma●esty out of his Rights pretending because of the long connivence of Himself and Queen Elizabeth that they had a Right of their own by Immemorial Possession which some Commissioners of theirs that were sent over hither had the confidence to plead in Terminis to the King and his Council And though the King out of his tenderness to them insisted still upon his own Right by his Council to those Commissioners and by his Ambassadour to their Superiors yet they made no other use of his indulgence than to tire out his whole Reign The Hollanders Insolence and abuse his patience by their artificial Delays Pretences Shifts Dilatorie Addresses and Evasive Answers And all that the King gained by the tedious disputes overtures and dispatches to and again was in conclusion onely a Verbal acknowledgment of those Rights which at the same time that they acknowledged they usually designed to invade with much more insolence than before But you have the main of what passed in those days in this particular with their insolent demeanour lively described in these following Collections taken out of several Dispatches that passed betwixt Secretarie Naunton and Sir Dudly Carlton Lord Ambassadour from the King to the States of the United Provinces In a Letter of Secretarie Naunton's to the said Ambassadour dated at Whitehall the 21. of December 1618. I finde these passages I Must now let your Lordship know that the States Commissioners and Deputies both having attended His Majesty at New-Market and there presented their Letters of Credence returned to London on Saturday was a seven-night and upon Tuesday had Audience in the Council-Chamber where being required to communicate the points of
the infinite Advantages of the profits of it as the Brittish Ocean in its Latitude and Circumference exceedeth the small Boundaries of the Gulph of Venice But in this great Disputation where were present the most Remarkable Wits of Italy and Germany Vide the Venetians Title unto the sole Dominion of the Adriatick Sea and where the Imperialists themselves and amongst them one of the most Eminent Stephen Baron of Gourz Attested openly that the Common-Wealth of Venice was Patron of the Adriatick Sea and might impose what Customs they thought fitting and that all other the Commissaries thought so in their Consciences There is enough as may be thought in Reason to convince all Opponents that may pretend to differ in Judgement from us Yet so it is that the Indulgence of the Kings of England to their Neighbouring Nations especially to the Hollanders by giving them too much liberty hath incouraged them to assume a Liberty to themselves and what at the first was but a License they improve into a Custom and make that Custom their Authority Insomuch that some of the most busiest of them have openly declared against the Kings Propriety on the Brittish Seas Amongst these is one Hugo Grotius a Gentleman of great Ingenuity but in this particular so inclined to obey the Importunities and serve the Interests of his Country-men that he disobliged himself of the Truth and moreover to speak the truth of his Conscience it self Hugo Grotius Sylv. lib. 2. for if you look into his Silvae upon the first Inauguration of King Iames of ever Blessed Memory he is pleased to express himself in these words Tria Sceptra profundi in magnum Cojere Ducem which is that the Rights of the English Scottish and Irish Seas are united under one Scepter neither is he satisfied with this bare profession but he goes on Sume animos a Rege tuo Quis det Iura Mari which is in English Take courage from the King who giveth Law unto the Seas In the same Book in the contemplation of so great a Power he concludeth Finis hic est qui fine caret that is This is an end beyond an end a bound that knoweth no bound a bound which even the winds and the waves must submit unto But with what ingratitude have the Dutch Answered the many Royal Favours which the Kings of England have almost perpetually conferred on them If there be no Monster greater then Ingratitude what Monsters are these Men who of late are so far from acknowledging their thankfulness that like Vipers they would feed upon and consume those Bowells which did afford them Life and Spirit We may observe that in their Lowest Condition which is most sutable to the Name of their Abode called the Low Countries they Petitioned to the Majesty of the Queen of England whose Royal Heart and Hand being alwayes open to those that were Distressed especially those that were her Neighbours upon the account of Religion Vide the Observations concerning the Affairs of Holland she sent them Threescore Thousand Pound upon the account of Sir Thomas Gresham in the year One Thousand Five Hundred Seventy and Two and presently afterwards there followed Colonel Morgan Colonel Gilbert Colonel Chester to Assist them in their Wars who were the Commanders of so many Regiments of Men And after them the War increasing there were sent over Colonel North Colonel Cotton Colonel Candish and Colonel Norris and some other persons of an Eminent Name who for the Honour of the English Nation made there Excellent Demonstrations of their Valour and Redeemed the Dutch from the Power of those who otherwise would have brought them to a better understanding of their Duties Great supplyes of monies were sent over to maintain so great a charge At the last the Prince of Orange being slain presently after the Death of the Duke Alanson Brother to Henry the third of France who if the successe had Answered the Expectation was wisely enough made Duke of Brabant the Queen of England sent over unto them Robert Duke of Leicester with great provision both of Men and Money accompanied with diverse of the Nobility and Gentlemen of good account And although the said Earle not long afterwards returned into England and the affairs of the Hollanders were doubtful untill the fatal Battel at Nieuport yet Queen Elizabeth of ever Blessed Memory out of her unspeakable goodness to the distressed and to those that suffered for Religion did as long as she lived constantly Assist the Hollanders both with Men and Monies she gave them Hope in Despair she gave them strength being weak and and with the Charity of her Princely Hand did support them being fallen And although the Hollanders do ungratefully alledge that it was a Benefit great enough for the English to Assist them in reason of state because by so doing they kept out a War from their own Country It is most certain that at that time the English had need to fear to Warr at all but onely for their Cause and for taking their parts for it was for their Cause that the English in the year One Thousand Five Hundred and seventy one had seized upon the sum of Six Hundred Thousand Ducats The Hollanders Objections Answered on the West Coast of England being the money designed from Spain to the Duke of Alva for the Advancement of the Spanish Interests in the Neatherlands And although the Hollanders do further alledge in their own Excuse that they were so grateful as that they offered unto the Queen of England the Soveraignty of the Neatherlands which she would not accept and therefore it was not their fault that she obtained it not It is in reason truly answered That the Queen of England well knowing that she was in danger to draw a perpetual Warr upon her Self and her Successours by the accepting of such a Gift to which she had no Right did wisely refuse their Liberality And yet for all that she continued still to aid them without that chargeable obligation The Hollanders do further alledge that the Queen of England had the Cautionary Town of Brill Flushing and the other places delivered into her Hands It is true she had so and thereby enjoyed only the Benefit of being at more Expence both of Men and Money and let the Reader take notice that most certain it is that the Hollander had no sooner made a Truce with the King of Spain and the Arch-Duke Albertus but he began presently to set the English at nought and to take the Bridle out of their Hands whereupon immediately insued their Forbiding of the bringing of English cloaths died and dressed into Holland and the adjoyning Provinces without ever making the King of England or his Ambassadour Leiger at the Hague Privy thereunto And to make amends for this their Saucy and Insolent Affront The Impudent Affront of the Hollanders to the late Kings of England in a more High and Peremptory way they demeaned themselves to King