did the Festivals of Bacchus or as it is usual to proceed against Traitors I think I may now put a period unto the Discourse about Indulgence which I have so managed as becomes a Son and a Friend unto the Church of England as well as a lover of the peace and welfare of his Native Countrey I have not debated the point of Prerogative in particular partly because what was said heretofore about the Deity is true concerning these Gods on earth It is dangerous to tell even the truth concerning their Essence partly because I could not do it without offending if not prejudicing the Church of England I do not think it convenient or seasonable that we should minutely inquire whether All the Power which was owned to be in the Pope at the Lateran Councill were vested in K. Henry VIII Or to examine strictly what the purport of those words are that The Kings of this Realme shall be taken accepted and reputed the onely Supreame Head on Earth of the Church of England called Anglicana Ecclesia and shall have and enjoy annexed and united unto the Imperial Crown of this Realm as well the title and stile thereof as all Honours Dignities Preheminences Jurisdictions Priviledges Authorities Immunities Profits and Commodities to the said Dignity of Supream Head of the same Church belonging and appertaining Our Laws doe likewise tell us that the King is the onely and undoubted supream Headof the Church of England and Ireland to whom by Holy Scripture all Authority and power is wholly given to hear and determine all manner of causes Ecclesiastical Which passages whosoever shall discreetly consider He will esteem of these Arcana Imperii as matters which no wise man will search into that affects the tranquillity of these Realms To exemplify this further did not Q. Elizabeth dispense with the Act for coming to Church and connived at the Popish Service in private Houses in a manner without punishment although it were prohibited by the Law under a pecuniary mulct This Indulgence she used for thirteen years And when the Statute was made against the bringing in of Bulls Agnus Dei's and hallowed grains c. privy tokens of Papal obedience or to reconcile any man unto the Church of Rome yet was there no man in full six years proceeded against by that Law What imports it whither a Law be suspended by Practice or Declaration Her Reign doth afford some instances of Toleration as also do the Primitive Times which I have declined to mention But yet they are instances of what a Prince may do upon Reason of State and against which I have not met with any Father Bishop or Lawyer that hath protested I thought to put an end here unto this Preface which is grown prolixe beyond my intention But I met lately with a Book written by an English Lawyer in 1640. and tendered to the Parliament which requires some Animadversions thereupon The Case is about Ship-Money but there is an excursion against the English Soveraignty of the Brittish Seas the which since I have so perspicuously asserted against the Dutch it seems necessary that I do not suffer it to be betrayed by the English I am sorry to find a sort of Civil war betwixt the Temple and a faction in Lincolns-Inn and I wondered who had suggested unto the Dutch those principles of refusing the Flag and denying our Rights on the Sea until I found this Book to have given them a pretext thereunto If I be any thing sharp in my reflections thereon I may be pâ—…doned since those assertions are less to be endured in an English man then in an Hollander After the writings of Selden it is strange to find a Subject of the King of Great Britain that doubts Whether the Sea be a part of the King's dominions and adds But grant the Sea be a part of the King's Dominions to some purposes How is it a part Essential or equally valuable or how does it appeare that the Fate of the Land depends wholly upon the Dominion of the Sea France subsists without the Regiment of the Sea and why may not we as well want the same If England quite spend it self and poure out all its treasure to preserve the Seignory of the Seas it is not certain to exceed the Naval force of France Spain Holland c. And if it content it self with its antient strength of Shipping it may remain as safe as it hath formerly done Nay I cannot see that either necessity of ruine or necessity of dishonour can be truly pretended out of this that France Spain or Holland c. are too potent at Sea for Us. The Dominion of the Seas may be considered as a meer Right or as an Honour or as a Profit to us As a Right it is a Theame fitter for Scholars to whet their Wits upon then for Christians to fight and spill blood about And since it doth not manifestly appeare how or when it was first purchased or by what Law conveyed unto Us we take notice of it onely as matter of wit and disputation As it is an Honour to make others strike saile to us as They pass it is a glory fitter for women and children to wonder at then for Statesmen to contend about It may be compared to a Chaplet of Flowers not to a Diadem of Gold But as it is a profit unto Us to fence and enclose the Sea its matter of moment yet it concernes Us no more then it doth other Nations By too insolent contestations hereupon we may provoke God and dishonour our selves we may more probably incense our friends then quell our enemies we may make the Land a Slave to the Sea rather then the Sea a Servant to the Land I mention this passage to shew the Frenzy which possessed the Heà ds of many that would be reputed Patriots and Defenders of the Laws and Liberties of the English Nation in 1636 c. But there are some fatal periods amongst these Northern Regions when the Inhabitants do become so brutal and prejudicate that no obligations of Reason Prudence or Conscience and Religion can prevail over their passions especially if they are instigated by the Boutefeus of the Law in opposition to the Gospel of Peace and Obedience At another time it would have seemed strange that a Common-Lawyer should doubt whither the Sea be a part of the King's Dominions Whereas our Laws and Parliaments have alwayes decreed it to be so It is strange that one of that Robe should controvert our Right thereunto or scruple How it was purchased since in Vulgar Titles the Common Law looks no farther then Prescription and in explication thereof they are not so nice as the Civilians â—…or by the Civil Law there is required a Just Title which the Common Law requireth not And Bona fides which the Common Law requireth not and continual Possession which the Common Law only requireth And This He might have seen proved in Mr. Selden and Sir John Boroughs
occasion these evils which thus ensue nor is He any way guilty of them If then the War with the United Provinces be Just which is an unquestionable truth if it be lawful for the Protestant King of Great Britain to enter into a League with the King of France though a Papist which cannot well be questioned those considerations ought not to perplex the Consciences of any English man which arise from the voluntary and subsequent proceedings of his most Christian Majesty It became the States General at first to weigh those things they are extrinsical to our Business But we ought to take notice with what circumspection as to this point his Majesty hath proceeded by Inviting them to come hither and securely to profess their Religion in England Whereupon his Majesty did most piously and motuproprio make as great a provision for the support of the Protestant Religion as it was possible for him in that condition which the Treachery and Villany of the Dutch Governours had reduced Him unto They had made the Interests of the two Nations to be incompatible and as it becomes all English-men to prefer their own Welfare before that of a Stranger so it is manifest that the Reformed Religion will be in a better Posture by the Grandeur and Puissance of these Realms than if they fell under the force of Holland Out of what hath been alledged in Answer unto the first Scruple there hath been in a manner suggested a Reply unto the Second Yet I do further say That his Majesty hath a Cordial and sincere regard unto the general good of the Protestants and how much he regarded the welfare of the Dutch it doth appear by the Treaty at Breda the Triple Alliance and Defensive Articles It is not in His Power to oblige them further against their Wills nor is it requisite and fitting that he give up the Rights of England and abandon the concerns of His natural Subjects for the benefit of Holland It is for the general benefit of Protestancy that England flourish rather then be destroyed Hereunto His Majesty hath bent all His Councils He neither sought this War nor ever declined a just and honourable Peace We cannot expect He should perform impossibilities in behalf of the reformed Religion in general and we ought not to amuse the People with insinuations that are either vain or malitious Let us rather contemplate the success which hath happened upon the contests betwixt Protestants heretofore When Maurice aided Charles the 5th though the Lantgrave of Hesse and Elector of Saxony both were overthrown in the quarrel yet was not Protestancy it self prejudiced thereby and the like events have sundry times fallen out so that we have no such reason to prognosticate these calamities unto the reformed Religion whether we attend unto experience or the good will of God in the disposition of affairs and whilst we perplex our selves about the Hollanders it may be they are now saying It is good for us that we were afflicted They may now be reclaimed from their Pride and Insolence and at once become better Christians and better Neighbours But to resume my Discourse The Reasons aforesaid did not the more elevated judgement of His Majesty suggest unto Him any others are sufficient to authorize our Amity with France and Enmity with Holland Which His Majesty did so conclude upon as to remember the English interest in preserving Flanders unto the Spaniard The Embassadour of that Crown I am sure hath with repeated Declarations been satisfied that His Majesty did not intend nor had by this League abandoned those thoughts which at first led Him to enter upon the Triple Alliance and that an Article to that purpose was so penned that a Son of Spain could not have been more express as to that point then the King of England was If his Majesty did transact this whole affair with great secrecy it is an Argument of His extraordinary Conduct which was necessary to so great an affair If He did not advise with the Parliament about the War let us believe it not to have been fit that His privacies should be made publick or that the League should be protracted by their tedious debates and let us acknowledge that according to the English Laws His Majesty is sole Arbitrator and Judge of War and Peace and if our Kings have sometimes advised with their Parliaments about Wars they were never obliged thereunto If that hitherto the Conduct of His Majesty hath appeared to be such that every man must be satisfied with His care and vigilancy for the welfare and honour of His Subjects that which I now come to treat of is such an Action that represents His Prudence to be as great as Clemency and as by the latter vertue He hath equalled Himself to the best of former Princes so I am confident that Antiquity even those Ages which our Homily terms purer then our's did never produce any contrivance equal to what I now come to discourse upon and that is His Majesties Declaration to all His loving Subjects March 15. 1671. To do His Majesty justice about this point and to describe the excellency of that advise I shall choose to imitate the Painter of Crotona who being to draw the Picture of Venus assembled all the beautifull Damsels of the City and by reducing all those perfections which were scattered amongst them into one Effigies did pourtray His Deity or as in some Optick Tables the beautie of a multitude of little Figures are transferred and by reflexion form the Image of some Hero which is all life charm and attraict Thus I will faithfully repeat the several Decrees of the Christian Emperours in the purest times whose Prudence and Piety hath endeared their memories unto all the Church and whom the Church of England doth oblige all Her Sons to have in Reverence and thence it will be manifest that His Majesty hath revived again with advantage that Piety and Policy which is thought to have declined these thirteen hundred years Before I descend to the particulars it is requisite that I deduce these Counsils of His Majesty from their true Original that is His great Devotion unto and tenderness for the preservation of the Church of England Were Our Church retired into the Wilderness were their Dioceses in the desarts of Thebais or some unknown corner of the Earth the Ecclesiasticks might with safety perhaps attend unto their Devotion and perform in their Cells Hermitages and Mandrae the duties of Religion with poverty and without molestation But since it hath pleased Divine Providence to advance the Christian Church above its Primitive Streights want and persecution being originally its allotment to reduce the Kings and Emperours of the Earth unto the Christian Faith and to incorporate the concerns of Religion with those of the Empire other contrivances other means are necessary to support the Lustre and Grandeur of this Church now then were practised in its first condition and those are such as conform
to the Arians it is likewise recorded that He did not Persecute any of them after He had excluded them from Assembling within Constantinople but onely Eunomius And Eunomius together with His Sect was not properly an Arian for He did equally rebaptise and re-ordain those of the Arian and Orthodox Party which came over unto Him He was banished for not obeying the Decree of the Emperour but continuing to hold private Meetings within Constantinople The said Arians persisted openly to hold their Meetings without the City of Constantinople in the dayes of Arcadius and Honorius making a splendid procession thorough the Streets and singing Antiphons as they went unto their Churches In fine Procopius doth assure us that notwithstanding the many and severe Lawes which we read of against Arians and other Sects yet there were Hereticks openly tolerated in the Empire untill the dayes of Justinian with their Churches richly adorned such were those of the Montanists and Sabbatians c. Particularly the Churches of the Arians were so splendid that nothing in the Roman Empire could compare with them they had also large Revenues throughout the Empire Having never been molested by any Emperour from their first Original untill the dayes of Justinian After that Julian had restored the Donatists unto that Liberty which Constans had deprived them of they enjoyed their Churches their Bishops and freedome with little molestation untill the Reign of Honorius Theodosius had made a Decree against such Hereticks as should either give or take Orders that they should pay Ten pounds of Gold A. D. 392. This Law was pressed by the Catholicks against the Donatists to be put in execution when the extravagancies of that Sect were such that they seized the Churches of the Catholicks slew some of their Bishops beat and murthered divers Presbyters yet was it not put in force untill the dayes of Honorius A. D. 405. Nor did the Synod at Carthage importune the Emperour to enforce it but in such places as the Catholicks should be violently assaulted in I might enlarge my Discourse about this subject unto the succeeding Emperours Arcadius Valentinian II. who decreed unto the Arians an ample Toleration and commanded that their Churches should be restored unto them even that of St. Ambrose's within Milaine A. D. 386. upon pain of death Arcadius and Honorius and so down to the Age of Justinian From whence I might draw materials to illustrate the Question Whether it be greater wisdome to attempt the suppression of numerous rich and obstinate Hereticks they not being like unto the old Manichees Basilidians or Priscillianists c. upon whom are fixed the imputations of Magick or occasion of crimes that are universally infamous and inconsistent with Humane Society by rigorous Edicts Or to indulge them for a time and by more gentle meanes to contrive and pursue their conversion But I have confined my self unto that Century which Our Homily recommends unto me and unto those Emperours whose prudence and piety all Ecclesiastical Writers do extoll and by whose meanes Christianity was principally advanced The subsequent Princes were Children or commonly of weak intellectuals and they are proofes of little efficacy which are alledged unto any of the Church of England out of the Sixth Century Though even there I find the Emperour Justinian tolerating the Hexacionitae who were the chief of the Arians into the fraternity of whom the Gotthish Kings in Italy usually were admitted However I will insert some cases out of Ecclesiastical History which are deduced out of the Fifth Century and relate unto the times of Honorius who made more Laws then any Emperour against Hereticks Socrates Hist. Eccles. l. 7. c. 11. CElestinus being Bishop of Rome seized upon the Churches of the Novatians which they had within Rome and compelled their Bishop Rusticula to hold his Assembly in obscure and private houses For untill that time the Novatians lived at Rome in a very flourishing condition having many Churches and abundance of People resorting thereunto This raised Envy and that was the cause of their overthrow now that the Bishop of Rome was advanced into a Secular Magistracy in like manner as was the Bishop of Alexandria Upon this score it was that the Roman Bishops would not permit those to keep their separate Assemblies who were otherwise as Orthodox as themselves but having commended them much for their Consent in matters of Faith they dispossessed them of all they had The Novatians at Constantinople were not used so but were exceedingly beloved there and their Churches tolerated within the City The Character of Atticus Bishop of Constantinople Socrates Hist. Eccles. l. 7. 2. IN the beginning of the Reign of Theodosius the younger Atticus was Bishop of Constantinople a person of excellent learning piety and prudence from whence it happened that the Catholick Church did encrease much in his days For He did not only countenance and uphold those of his own Religion but astonished the Hereticks with the apprehension of His singular wisdome He did not at all desire to molest and persecute them but sometimes He would terrifie them a little and then oblige them unto Him by gentleness The Character of Proclus Bishop of Constantinople under the same Emperour Socrates Hist. Eccles. lib. 7. c. 41 42. PRoclus Bishop of Constantinople was a man of as excellent Moralls as any one in the world For being Educated under Atticus he did studiously imitate his vertues but he was of a greater patience and forbearance then his Master who would upon some occasions shew himself severe towards the Hereticks But Proclus was all gentleness purposing thereby rather then with compulsion to gain them unto the Church He did not molest or vex any Heresie in being but left unto the Catholicks the renown of mildness and charity according to which He had demeaned Himself He had for His patterne Theodosius Himself who had taken a resolution not to exercise His Imperial Authority against those that were obnoxious and Proclus was likewise determined not to regard such as differed from Him in their Sentiments concerning God For this reason did Theodosius love and honour him For the Emperour Himself was of such a frame of spirit as becomes the true Priests of God neither could He endure those that delighted in Persecution I dare boldly say that He surpassed all the true Priests of God that ever were in meekness according as the Scripture saith of Moses in the Book of Numbers that He was the most Meek of all men upon earth so may I say of Theodosius that He was the most milde and obliging Prince in the world And for this reason God hath subjected His Enemies unto Him without fighting Such have been the proceedings such the presidents of those Excellent Emperors in the purest times whereby they contrived How to settle and advance the Orthodox Church amidst variety of numerous and potent Sects But how renowned soever these Princes are for their
complying with the more general concernments by the neglect whereof the other lost themselves and became a prey unto the Turks Of two evils the least is to be chosen and that is the least not which is accompanied with the greatest inconveniences at present but which occasions the greatest dammage for the future Wherefore it becomes prudent persons to attend unto both these cases For as in Arithmetick one great sum doth prove much less then many smaller accompts put together and added to the first So in the Government of a State that which seems a very great evil at the first view may judiciously be submitted unto if the contempt thereof be probably accompanied with greater and irreparable detriments Besides that a very great prejudice if the effects thereof be of no long continuance is to be chosen before a less but everlasting misery Let us then peaceably acquiesce in those Counsils which Prudence it self seems to have dictated and whence we derive our present tranquillity and an hopeful prospect of future Strength and Riches Let us not asperse our Superiors with Calumnies to their great discouragement and the distraction of the Realms Let us think better of them and more meanly of our selves There is not any Pest so dangerous to a State as that of declaiming against Men in Authority I need not urge the destruction of the Florentine Republick which was ruinated thereby we may remember what did precede our Wars and was the consequent of those specious pretexts of bringing Delinquents to Tryal and how fatal was the Denomination of Malignants No Ruler no Minister of State could ever please all people and some have valued themselves and their Counsils by a repugnancy to the populace If we will consult the Presidents of Rome we shall find it to have been a part of their Civil prudence rather to pass by then punish the failors of their Magistrates and to have had that regard unto Authority that those who had either voluntarily mis-employed their power received but gentle punishments and such as had miscarried through ignorance were appaied with Honours and Rewards They did imagine that publick affairs were accompanied with so much of Solicitude so great difficulties that 't was imprudence to augment the cares of their Governors with new terrors and additional considerations of their personal hazards if they miscarried in their Counsils or Transactions And certainly those Men create a very ill president against themselves who instruct the giddy multitude in complaints against their Governors If there be any rumours of this nature diffâ—…sed through the nation be they well or ill-grounded they are unseasonable and all wise Men ought to stifle them as far as they can possible All private animosities and injuries ought to be forgotten out of a respect to the general welfare Not onely Rome and Greece but also the Barbarians have celebrated those who have relinquished their domestick concernes and feuds the better to serve their Countrey Thus Themistocles and Aristides being joyn'd in an Embassy agreed to lay aside all particular quarrels betwixt them untill their returns And I cannot but recommend unto Christians the example of the Christian Emperour Constantine Several People resorted unto Him with Remonstrances and Complaints the Emperour commanded them all to bring in before Him on a certain day all their Libels and Petitions that He might take cognizance thereof Which being done He arose up and having with a grave Speech reproved them for retarding the publick business and concernments by Private quarrels and remonstrances He cast them all into the fire without vouchsafing to read those Papers which were likely to embroile not amend His Affaires That Nicene Council which we all reverence did admire and magnifie this conduct and by their Authority do I propose it to the imitation of our Parliaments though the considerations of the distracted and forlorne condition wherein the late-united Provinces and the Kingdome of Poland now suffer are more immediate Objects to convince this Age How unseasonable and dangerous an attempt it is for Inferiours to foment even just quarrels or resentments against their Superiours much more to revile and persecute them with unjust calumnies idle suggestions and frivolous surmises whilest the approach or attack of a most puissant Enemy or a suspicious Neighbour doth oblige us to pursue the more secure courses An APOLOGY c. WE cannot but with some resentments behold those who after that gracious Act not only for our Indemnity but the utter Oblivion of our defaults continue to upbraid Us and unseasonably to foment those differences amongst the English which the most Heroical Example Authority Prudence and Charity of his Sacred Majesty hath so studiously and wisely endeavoured to extinguish We are all promiscuously twisted together by mutual affinity relations and common Interest subjected equally to the same Prince and Natives of the same Realms and we do heartily desire that we may be looked upon as Brethren under which Civil consideration we do regard our other Fellow-Subjects We profess to retain no other Memory of our former quarrels then what endeareth us to the service of his Majesty by imprinting in us a sense of those dangers which arise from mis-interpretations of State-Affairs vain jealousies and imaginations of remote and forreign consequences which may happen God knows when from such grounds and principles as popular brains do rather phansie to themselves then really comprehend We do experimentally know upon what specious pretences the vindicative and Ambitious spirits do contrive their siâ—…ister and wicked designs to the publick detriment and the great abuse of well-meaning persons And we have been so often betrayed and suffered so much hereupon that they must be strangely prepossessed who think us not impregnable against any suggestions or attempts of that nature We are infinitely sensible of the Clemency which our King expressed to us in his Act of â—…race and we think He hath compleated his Royal favour towards us by the late Declaration for suspending the penal Laws in reference to All Non-conformists It is our unhappiness to dissent from the doctrine and discipline of that Church to which his Majesty doth adhere but since we continue to do so rather out of Zeal for the supposed Truth then Faction against His Majesty and pursue spiritual not temporal advantages thereby It is evident that the Civil Government can receive no prejudice by such toleration of us It may receive much accessional strength from the continuance of so numerous parties and perhaps if we may credit great Politicians some security from the so-much exclaimed against diversity thereof since it is apparent that wheresoever there happen to be in any Realm potent factions and such as the supream Authority cannot well extirpate 't is much more safe for the general peace that dissentions remain under many entire and lesser parties then be reduced to a narrower compass And the Prince is best served whilst each party distinctly courts and strives
to intimate as if because the Article had been varied in the words as aforesaid that therefore it was suited to his sense No less strange is it that He should expound the intentions of his Majesty by the privacy of Cromwel's Conclave and not according to the true legal and known import of the words We add that if He found in our ordinary Maps the Channel and Brittish Sea as equipollent and Synonymous terms yet He never found the Channel to be called the Brittish Seas and therefore that allegation is most impertinent and fallacious And He must seek to the common vogue for a more authentick explication thereof As little doth it avail Him to find in the Seventh Article a distinction betwixt the Brittish Sea and North Sea for seeing that the Number is varied 't is most certain the Sense is also However it is a Rule in the Civil Law Dubitationis gratia quae apponuntur nocere non praesumuntur Such clauses or words as are put in to prevent disputes ought not to occasion any or prejudice the inferter Surely Pride or Passion transported the Considerer beyond his reason when He esteemed that Objection invincible as it did beyond Truth when He distinguished betwixt Fleets and Ships and made Cromwel to do so too of which there is not the least appearance to our knowledge How willing soever the Dutch were to acknowledge the Rights of England as to the Dominion of the Brittish Seas and Flag They still insisted upon the Freedom to fish without License or Letters of Safe-conduct This they proposed in a draught of Articles tendered by them to Mr. St. Johns and after to the Council of State But the pretended Common-wealth refused absolutely to assent thereunto nor would They admit of any Treaty with the Dutch except they would first acknowledge The English Soveraignty of those Seas and contract for the Liberty of Fishing The Article which They imposed was this ARTIC XVII The people and inhabitants of the said United Provinces of what condition or quality soever They be shall with their Busses and other Vessels fitted for that purpose have liberty from time to time for the term of one and twenty years next coming to sail and fish as well for Herrings as all other sort of Fish great and small upon any the Coasts and Seas of Great Britain and Ireland and the rest of the Isles adjacent where and in such manner as they have been formerly permitted to fish In consideration whereof the States General shall during that Terme pay into the publick Treasury of this Common wealth at the City of London the sum of at two equal payments upon every twenty fourth day of June and twenty fourth day of December The first payment to begin on the twenty fourth day of June next Hereunto the Dutch excepted That by the taking of such a Lease for the Fishing the States General should be put out of an Immemorial possession without Cause or Reason Having alwayes enjoyed the freedom of Fishing As they were ready to prove by an ample deduction of Arguments and Evidences And instead of this Article They thought it reasonable to urge the Fourteenth Article of the Treaty called Intercursus Magnus A. D. 1495. viz. That the people and Inhabitants of either State of what condition or quality soever they be shall freely without any molestation safe-guard or pass sail and fish every where at Sea The Council of State were very angry at this plea of the Embassadours and told them that They wondred with what confidence the States General could pretend to an Immemorial possession of the Fishery seeing that the time was not yet Immemorial since They first were owned to be Free States If according to the Civil Law we allow an 100 years as a just prescription yet was it not so long since their Ancestours first possessed themselves of the Brill A. D. 1572. That the time wherein they fished as Subjects of the House of Burgundy by vertue of a League made betwixt England and those Dukes did not establish an Immemoridlpossession or prescription in favour of the States General That since the Fishery was held by the Subjects of Burgundy and they exempted from the paying for Licenses and Convoyes onely by vertue of a Treaty Nothing was more manifest than the Immemorial Right of the English whereby before that Treaty they did exact mony for Licenses and Convoyes That what was held by League did expire with the said League That this League of Intercourse was expired upon the subsequent Wars betwixt Qu. Elizabeth and the Crown of Spain and had never been confirmed again since that time That the Dutch could not claim any Liberty by vertue of that League now partly because the Alterations of the Government in the Netherlands and other accidents have deprived the English of those great benefits which accrued to them by that Treaty and in consideration whereof it was assented unto by them and consequently It was lawful and just for them to resume their Right of the Fishery and that the Effect should cease with its final Cause partly because that the United Provinces are not to be deemed the same people since their Union into a Republick and alienation from the other Provinces and Dominion of the Dukes of Burgundy that they were before They are not the persons with whom the English made any such Contract or ever renewed it It is most certain that Qu. Elizabeth did deprive the Hanse Towns of their privileges in London upon these reasons That since the English had acquired the manufacture of Cloth and could manage that Trade themselves therefore there was no need no reason to continue the priviledges of the Hanse Towns which had been granted purposely for the better exportation and vending of our Cloth Also because that most of the Hanse Towns were extinguished and esloigned from the first and ancient confederation which consisted of 72 Towns and therefore the Corporation or subject of those priviledges being ceased the priviledges themselves were ceased It was further urged that since the expiration of the said Treaty whatsoever Liberty the Dutch had taken in Fishing it was an usurpation upon the English rights that by the Civil Law they were possessores malae fidei and consequently could not claim any Prescription They knew that the Right of the Fishery was vested in the English and since They fished in those Seas during the Burgundian League in right of the English and afterwards by a notorious usurpation 't was no less evident that They had not any possession then it is that whatsoever They had was not Immemorial And therefore the English expressed a great kindness unto them in not demanding Satisfaction for the past Fisking Besides their possession had been at several times disturbed and therefore the claim invalid For not only Philip. II. had taken a lease of it in the dayes of Q. Mary for one and twenty
terms they think it needless to expound it with other particulars as not requiring any further agreement the subscribing Deputies persuading themselves that it is an infallible and necessary consequence that after the Conclusion of so strait and everlasting an Union there ought to be such a Correspondence and confidence that never any thing be done and undertaken against the mutual good and interest of either or of both Commons Beseeching therefore most instantly that their Lorships would agree to the aforesaid Articles c. This Paper being read in the Council so far incensed them that They would not vouchsafe any Answer thereto though the Embassadours did twice Nov. 7. 9. beseech the most Honourable Lords of the Council to gratifie them as soon as might be with a favourable answer and resolution to the said Propositions and Memorial Some there were who apprehended that the Analysis was contumeliously penned as if by so many subdivisions the Godly that usually preached had been scorned These aggravated the Dutch insolence Others concluded that the whole procedure of the Embassadours was dilatory and inconsistent with the present distractions at home that Parliament having irritated the Clergy and Nation and dangerous factions encreasing and with the greatness of the Naval exploits that there was no sincerity in the Dutch protestations of Faith no imaginable Truth in their expressions of so ardent a Love for the English which the continual Libels and infamous pictures did proclaim and any man might conjecture at by estimating what dammage what disgrace the victorious English had done unto the United Provinces That it was intolerable in them not to propose any â—…paration to the English nor any acknowledgment of those Rights which they had so openly and perfidiously violated and the vindicating whereof had cost so much Christian blood and Treasure If matters passed thus the Dutch would insinuate it and the world would be prone to believe that the English did unjustly commence the war and were guilty of all the blood shed therein That 't was unreasonable for them to desire to be informed of all the affairs of the English State when they could not reciprocally per form the like to England It being evident that though the States General should undertake to do it yet such is the constitution of that Government so weak the Union that each Province can manage the highest affairs of State secretly and separately as appeared at the Munster-treaty in the late address of Holland for peace and at other times and the Province of Holland alone gives laws to the counsils of the States General by paying or refusing their moneys as they please It did rather become the English now to impose then receive Laws This is the Right of Conquerours and that the fortune of the vanquished That The English should be false to themselves and unworthy of the present mercies God had shewed them in this war If they did not improve this opportunity to a safe peace If they reaped no other benefits thence then a little space to breath and prepare for new engagements A Coalitiâ—…n being thus arrogantly and obstinately rejected by which we in a most Christian manner would have done by them as by our selves reconciled all interests secured all quarrels for the future and as it were entailed peace upon both Nations We must establish our safety by other means which if rigorous are yet just and Christian because they are necessary to our just preservation and put in practise against those who by an unjust war and a fallacious way of treating have subjected themselves to the extreamest courses If They cannot endure to live as our equals by Coalition We must continue them so far our Inferiours not by shadows but substantial contrivances that they may never attempt this Nation again Let us make them pay the usual Submissions at Sea this is due to your repute Let them pay for the Liberty of Fishing this is due as you are Soveraigns of the Sea Let them pay for Convoyes and ease themselves of the charge of Wafters 't is you are the proper Guardians of the Brittish Seas Let them never equip any number of great Ships without giving you a real account long before of their intentions and ask leave to pass your Seas and to all this adde but the payment of such a sum as will satisfie this war which in conscience they ought to reimburse and make reparation to each Merchant for the damages sustained by them in several parts of the world which to demand is a discharge of the Trust this Nation reposeth in Us and if you gain these points you will contribute as much to a firm everlasting peace as humane prudence can attain unto After some debates of this nature the Council ordered a draught to be framed of such Articles as might be the foundation of a straight firm and everlasting League and which might prevent all matter of future quarrels and wars and appointed a Conference with the Embassadours Nov. 17. 1653. the which was principally managed by Cromwel who though He did nothing in the point of Coalition or in the recited advise then the casâ—…iered Members of the Long Parliament designed and suggested intended to pursue his ambitious projects by seeming the sole manager of this affair and by whose aid the Dutch must expect to find the conditions moderated Cromwel began his discourse with large protestations of the sincere and great desires of the Parliament to make a firm peace and intimate Union with the United Provinces He layed his hand upon his breast and called God to witness that the Council of State had a most sincere and hearty affection for the United Provinces and that the Parliament being Fifth-Monarchy men was so devoted to do them all good offices that they equally studied the welfare of England and the Netherlands As an evident testimony thereof They had proposed this Coalition of people by which they might unite the interests as well as hearts of both Nations and commuâ—…icate the felicities of England with their good neighbours of the United Provinces But since it had pleased the Deputies to decline that so amicable and extraordinary offer and to insist upon a confederation and stricter Union then ever had been before The Commissioners were ready to enter upon those debates protesting before God the searcher of hearts and from whom nothing is concealed that They hated war and desired peace especially with the United Provinces And although They thought they had great reasons still to insist upon those preliminaries about Satisfaction and Security the which demands They found to have been enâ—…cted and urged by the late Parliament yet they did intend frankly to lay open their very bosoms unto the Deputies and acquaint them with Their further thoughts It is an agreed thing on both parts that the Peace here agitated is not an ordinary one but a most streight intrinsick everlasting Amity and Union such as never was heretofore betwixt
â—…ind in your own reason an Apology for our being resolute in this point you must needs be convinced that We ought not to abandon a Ceremony which is of so high concernment It is no policy to attempt the change of inveterate customs and usages Even errours and abuses are upon this account legally tolerated Let us then so adjust the matter Let Equity and all those inclinations you express for Us as Neighbours English-men and partakers of the same Faith induce you to continue those Honorary respects to the Ships of war of this Nation which All the Neighbour-States and Princes and which you your selves and your Progenitors have constantly exhibited Which you may do without detriment or disgrace But We cannot for bear to demand without our unspeakable prejudice Private persons move in another Sphear and act by other Rules then Soveraign Powers The regards of Credit with them may oftentimes yield to those of Utility or other Motives the publick receives little of injuâ—…y thereby nor is their wisdom questioned for such punctilio's if they relinquish them for other emoluments or peace-â—…e But Soveraigns cannot transact so Their Subjects The People participate in their Honour and Indignities They have a propriety a direct Right in the former Soveraigns cannot alienate or suffer their Honour to be impaired because it is not really Theirs it appertains to the Nation universally and They are all effectually injured by such transactions either because the Indignity doth directly extend unto them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As prudence doth thus distinguish betwixt the demeanour of private and publick persons So doth Châ—…istianity it self for albeit that the Gâ—…spel-precepts do oblige particular persons to bear injuries and contumelies with patience and to surrender even the Coat as well as Cloak yet is not this so to be construed as if even private Christians were to yield up their Civil rights to every insolent that would encroach upon and usurp them or that they were to deprive themselves of those reâ—…arations which the Law and Government affords them Neither is it so to be understood as if the Civil Magistrate in Christendome might not secure himself of that obedience and reverence which is due â—…nto his dignity but bear the sword in vain Do not therefore go about to teach Us patience that you may more easily wrong us Do not insinuate the concerns of the Frotestant Churches the interest of Religion the Evangelical rules for peace and brotherly love that You thereupon may deprive Us of our Rights destroy our Fleets ruine our Trade and either subject Us to Your States or render Us a facile conquest for any invader Hither to We have acquainted you with the value we ought to place upon the Right of the Flag were it only an Honorary salute with what prescription we claim it and with what injustice you refuse it We now adde that The English Nation did never regard it only as a Civility and Respect but as a Principal Testimony of the unquestionable Right of this Nation to the Dominion and Superiority of the adjacent Seas acknowledged generally by all the Neighbour-States and Princes and particularly by You and Your Predecessours besides many most authentick Records and undeniable proofs together with a constant practise in confirmation thereof Yet did a Captain of yours refuse it affirming that If He did it He should loose his Head Your Vice-Admiral denied it to the English Admiral and menaced such as rendered that submission to our Ships We do not upbraid you with meer incivility in this procedure though the grandâ—…ur of England and the obligations which the United Netherlands have to thâ—…s Nation might contain you from being rude It is the absolute and substantial Soveraignty of the Brittish Seas which on our parts by such a deportment as the striking of the Flag or Topsail to our Ships on those Seas is required to be acknowledged and so hath been for many hundred years understood agreed unto and acknowledged by the Nations of Europe Would you know the extent of this Maritime Dominion our English Laws have alwayes reckoned upon the Four Seas Such as are â—…rn thereon are not Aliens and to be within them is to be within the Ligieance of the King and Realm of England The Records of Parliament in the dayes of King Edward III. and Henry V. proclaim it that those Kings and their Progenitors had ever been Lords of the Sea And God forbid that ever there should be any Parliament in England that should consent to erase those Records or cast dirt upon them by renouncing the Soveraignty asoresaid In the Records of the Tower there is a Libel relating to the times of Edward I. and Philip the fair of France in which the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoâ—…ses Catalonians Almains Zelanders Hollanders Frieslanders Danes and Norwegians besides others under the dominion of the Roman-German Empire Allâ—… these joyntly declare That The Kings of England by Right of the said Kingdom from time to time whereof there is no memorial to the contrary have been in peaceable Possession of the Soveraign Lordship of the Sea of England and of the Isles within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise fâ—…rnished then Merchant-men use to be and of taking surety and affording safe-guard in all cases where need shall require and of ordering all other things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof Out of this Libel we deduce that The Kings of England had then been in peaceable possession of the said Dominion of the said Sea of England by immemorial prescription That the Soveraignty belonged unto them not because they were Domini utriusqâ—… ripae as when they had both England Normandy and so were Lords of both Shores For Edw. I. at this time had not Normandy but that it is inseparably appendant and annexed unto the Kingdom of England Our Kings being Superiour Lords of the said Seas by reason as the said Record speaketh of the said Kingdom And since that the Soveraignty of the Sea did appertain to the English Kings not in any other Right then that of the Kingdom of England you cannot doubt the Title by which Our present claiâ—… is deduced 'T is in right of Britannia that We challenge it 'T was in that right the Romans held it This claim justified K. Edward III. and his Rose-nobles Though there are other reasons regarding to the Lancastrian line which yield a colour for the use of the Portcullis in the Royal banners of England yet as we read in reference to his
Maritime Dominion K. Henry VIII did imbellith his Navy Royal therewith and Q. Elizabeth stamped it upon those Dollars which she designed for the East-India trade A. D. 1600. thereby expressing their power to shut up the Seas with the Navy Royal as it were with a Portcullis This Dominion of the Brittish Seas did authenticate the proclamation of K. James in 1609. ordaining your Fishermen to take licenses at London and Edinborough This justified the like Proclamation in K. Charles and warranted the E. of Northumberland in his naval expedition in 1636. That Prescription is valid against the claims of Soveraign Priâ—…ces cannot be denied by any who regards the Holy Scripture Reason the Practise and the Tranquility of the World That the Dutch challenge the Freedom to fish in the Brittish Seas by Prescription is certain But Prescription depends not upon the Corporal but Civil possession and that is retained if claim be but made so often as to bare the Prescrâ—… contrary and it be evident by frequent Medails or retention of Arms or the like that the Civil possession is not relinquished Our Kings have constantly claimed the Dominion of the Sea none else pretending to it and all acknowledging it to be in them till the most modern Dutch arose They never abandoned their Right and These Medails which are all Elias Asâ—…mole Esq could help me unto preserve their claim 1. The Britannia of Aâ—…toninus 2. Appertains to Edward III. 3. To Henry VI. 4. To Edward IV. 5. To Henry VII 6. To Henry VIII 7. To Edward VI. 8. To Q Mary 9. To Qu. Elizabeth 11. To K. James 12. To K. Charles I. I II III IIII V VI VII VIII IX X XI XII In right of this Dominion of the Seas do we appropriate to Our selves the Brittish Fishery and exclude all others from the free use thereof except License be obtained or the same be conditionated for by Treaty It is most certain that were the Sea free for Commerce and Navigation yet would it not thence follow that 't were lawful for every one to fish therein for Divers private grounds have through them by Prescription grant or purchase some Iter some Actum some Viam Yet no man that may there lawfully pass may also lawfully digg to his gain or otherwise In itinere Actu oâ—… Vid of that sort without further and due license obtained So all High-wayes are counted common and publick to travail on But for any private man though He be a Subject in any part thereof to digg for any Quarry of Stone or Mine for Oare or Stone-coles c. It is not lawful though He would fill it up again as well as He found it at first Concerning this Right to the Fishing it hath been alwayes acknowledged by Forreigners to appertain to England and such Flemmings and Hollanâ—…ers as used to repair to the Herring-fishing on our coasts did constantly take Licenses and ask leave to fish at Scarborough-castle by an immemorial custom For saith our great Antiquary Mr. Cambden the English have ever granted them leave to fish reserving alwaies the honour and priviledge to themselves but thorough a kind of negligence resigning the profit to strangers It is evident that at such time as the Danes and Norwegians did exercise their Soveralgnty over the North-Sea they did not permit any Strangers either Flemmings or English to fish near Shotland without License previously obtained as appears by the Danish records and other Muniments preserved in England If any did presume to fish without License they were punished with the loss of life and limbs and besides this License they were obliged to repair to Berghen to pay their customs and duties to that King's Exchequer And this is avowed to have been practised constantly time out of mind A. D. 1432. And in a Treaty betwixt K. Edward IV. and Christian I. King of Denmark and Norwey A. D. 1465. It was agreed that no English should so much as sail upon any pretense into those particular Seas and Islands without the Permission of the Kings of Norwey upon penalty of loosing life and goods Afterwards by vertue of Leagues this special license was so dispensed withall that such English as traded thither were only to take a New license once in seven years And even this was discontinued A. D. 1521. upon the expulsion of King Christierne by reason that the Right of the Danish crown was in controversie so that the succeeding Kings insisted not thereon until King Christierne IV. did exact it and morâ—… of the English Q. Elizabeth offering that her Subjects of Hull and elsewhere should submit to that Upon this Quarrel there passed sundry disputes and Embassies betwixt that Queen and Christierne IV. In the same condition were the Hollanders and Flemmings they being excluded those Seas though permitted to trade and fish about the Kingdome of Norwey Nor did they ever fish in those Seas but by special License or General indult of the Kings of Norwey and albeit that the License-money were abated yet were they obliged to pay the Kings customs upon the fish taken by them and in order thereunto to bring all their fish on sâ—…ore and there to pack it up that the King might not be defrauded of his rights as appears by the Indult given them by King Woldemarus A. D. 1324. This Dominion of the Sea was never disputed in those dayes as to the King of Norwey and the Rights of Shâ—…tland being passed over to the Kings of Scotland A. D. 1470. or rather 1468. by Christian I. upon the marriage of his daughter Margaret with James III. the same powers were vested in the Kingdom of Scotland which were before inherent in that of Norwey And the like Laws and Usages established All Fisher-men being obliged to bring their fish on shore at some of the free Forts and there to pâ—…y the Assize-herring and other dues the which Assize-herring and other customs upon the Fishery had been continued immemorially in those Seas immediately appertaining to the Realm of Scotland and not subject to the dominion of Norwey And a Scotch Lawyer speaking about the fishing in the Eastern Sea of Scotland writeth thus I cannot omit to tell you that in the past Age after a most bloody quarrel between the Scots and Hollanders about occasions belonging to the Sea the matter was composed in this manner that in time to come the Hollanders should keep at least fourscore miles distant from the Coasts of Scotland And if by accident they were driven nearer thorough violence of weather they paid a certain tribute at the Port of Aberdeen before their return where there was a Castle built and fortified for this and other occasions and this was duly and really paid still by the Hollanders within the memory of our Fathers until that by frequent dissensions at home this Tribute with very many other Rights and Commodities came to nothing partly thorough the negligence of our Governours and
partly thorough the boldness of the Hollanders I have not opportunity to procure on the suddain any exact intelligence from Scotland concerning the transactions there relating to Scotland but that inquisitive person Gerard Malines informs me that after this Agreement betwixt that Crown and the Dutch that the latter should not fish within eighty miles of the Coast least the Scholes of Herrings should be interrupted King James before his coming into England did let the fishing of Scotland to the Hollanders for fifteen years If this happened to be done at such time as The Dutch sent their Embassadours to the Christning of Prince Henry A. D. 1594. We may compute the time as expired in 1609. at what time King James issued out his Proclamation enjoyning all to take Licenses It is certain that they did then very much caress that King that they presented the Prince with above 400 ounces of fine Gâ—…ld and a Deed sealed whereby the Royal Infant was to receive 5000 Florins annually out of Camp-verâ—… So saies Meteran and Reidanus A. D. 1594. And They did renew the Perpetual Treaty of 1551. betwixt Mary of Hungary Regent of Burgundy for Charles V. But it is meerly a Defensive alliance obligeth them to fish 80 miles from the Shores as appears in P. Borre lib. 30. It is certain the King could not any way alienate the Royalty of the Assize-herring by the Laws of Scotland what the King might connive at or dispense with as to Licenses or nearer approach to the Coasts in regard of the sâ—…id sum pretended to be paid to the Prince 't is more easie to conjecture then determine It were to be wished that sâ—…me Scottish Anâ—…iquary would inform Us of the Rights and Usages of Scotland concerning their fishing I am told there is a Record in Scotland whereby the Hollanders do covenant to pay K. Malcolâ—…e a Rose-noble â—…or every last of Herrings caught on those Shores As for the Irish Seas it is likewise evident that Licenses were there issued out unto each fishing Vessel and there is a Statute of the Parliament in that Kingdom under Edward IV. in the fifth year of his reign enjoyning all Fishers of other Lands to repair to the Lieutenant Deputy or Justice of that Realm for such Licenses to be obtained Moreover K. Philip the second K. of Spain and Duke of Burgundy in the first year of Q. Mary obtained license for his subjects in general to fish upon the North-coast of Ireland for the term of 21 years paying yearly for the same 1000 pouâ—…ds which was accordingly brought into the Exchequer of Iâ—…land and received of Sir Hen. Fâ—…ton being then Treasurer there as his Son Sir Ed. Fâ—…ton hath often testified Oâ—…t of all that hath been said It is evident that this effect of the Dominion of the four Seas which relates to the disposing of the fishery by giving Licenses to fish exacting other dues enacting of Laws about it doth appertain to the English as now united with Scotland and Ireland And it will appear further by the Acts of Indulgence whereby the Kings of England have at sundry times permitted other Nations arbitrarily to fish in their Seas It is manifest that none ever fished therein but by usurpation without special License or general Indult It is also manifest that there never was any Act of State by which the Seas were permitted to be promiscuously fished in by all forreigners whatsoever But to particular Nations and Corporations there have been several Indults of that nature As to the Subjects of France Henry IV. issued out his Letters unto all his Admiraâ—…s that they should not molest the French in their fishing for Herrings or other fisâ—… throughout that part of the Sea which is bounded on this side by the Ports of Scarborough and Souâ—…hhampton and on the other side by the Coast of Flanders and the mouth of the River Seine This was granted to the K. of France upon a truce betwixt the two Crowns and the â—…ine was limited for the said fishing betwixt Autumn and the first of January Moreover it appears by Records that Henry VI. gave leave particularly to the French and very many other Forreigners for one whole year only somtimes for six moneths c. to go and fish throughout the whole Sea at all times and as often c. But this Leave was granted under the name even of a Pasport or Safe-conduct yea and a size or proportion was prescribed to their Fishing-boats that they should not exceed avove â—…0 tuns It is true indeed there was a kind of consideration or condition added in these and other grants to be mentioned That such as were Subjects of the King of England might in fishing enjoy the same security with Forreigners Which was for this cause onâ—…y put into the Licenses that if the forreigners did disturb and molestthem they should loose the benefit of the Licens Also upon a truce betwixt Edw. IV. and Francis Duke of Bretaâ—…gne it was Articled that The Fisher-men of Bretaigne might peaceably and without Safe-conduct attend upon their occupation by Sea And the King of France himself in the reign of K. James and K. Charles continued as his Predecessours did to request leave for a few vessels to fish upon the English coasts near Rye and that only for provision of his houshold being tied to observe the Orders and Laws of the English fishery for breach whereof divers of his subjects have been taken and imprisoned in Dover-castle and elsewhere The Company of the old Hanse-towns in the first year of Q. Mary had also liberty to fish within the said Seas upon certain conditions as appeareth in the Chappel of the Rolls of Chancery As to the Flemmings and Netherlanders there was a Letter written by Edward the first and Proclamation made that the Hollanders Zelanders and Frieslanders being in amity with England might securely fish about Yarmouth Upon the same day in favour of the Earl of Holland and his subjects He set forth three Men of war toward the farther coast of the Sea for the safe-guard as He saith in another Letter of those vessels belonging to your our own Country that are in these days employed about the Herring-fishing c. and to guard your Coasts near the Sea Here He grants a Protection to fish and in both the Letters He limits it within the space of two moneths He alone also protected the Fishermen upon the German Coasts which by reason of its nearness He calls here your coast near the Sea in his Letter to the E. of Holland as well as upon the English There is likewise a Record that Henry VI. did by a Treaty betwixt Him and the Dutchess of Burgundy grant unto the subjects of Brabant and Flanders the liberty to fish in his Seas without impeachment or disturbance So in a truce to endure for thirty years betwixt the K. of England and his Heirs on