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A20020 General and rare memorials pertayning to the perfect arte of nauigation annexed to the paradoxal cumpas, in playne: now first published: 24. yeres, after the first inuention thereof. Dee, John, 1527-1608.; Gemistus Plethon, George, 15th cent.; Canter, Willem, 1542-1575. 1577 (1577) STC 6459; ESTC S106676 100,597 109

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to the Iudgement of myne Instructor Are in all places to be accounted directly to the Myddle Seas ouer Betwene the Sea-Shores of her own Kingdom and of all Pety Iles to the sayd Kingdom appertayning and the Opposite Sea-Shoares of all Forrein Princes And in all Seas lying immediatly betwene any two of her own Coasts or Sea-Shoares the whole breadth of the Seas ouer in such places is by all Reason and Iustice appropriat to her peculiar Iurisdiction and SEA ROYALLTY The Proportion of the Equity of this Iudgement dependeth somwhat vpon the Ciuill Law concerning Partition or Propriety of Iles growing vp in fresh water Riuers And it is not vnreasonable to deme Seas betwene diuers next Kingdoms to be in like and Analogicall Condicion in respect of King and King As fresh water Riuers are in Respect of Priuate Subiects of one Kingdom whose Grownds are lying on both sydes of the sayd Riuers Though the Stream and waters therof after a sort be accownted Common Diuers priuate Groundes haue through them by Praescription so wonne or otherwise purchased Some Iter Some Actum Some Viam Yet no man that may there lawfully pas may also lawfully dig to his gayn or otherwise In Itinere Actu or Via of that sort without furder and due licence obteyned So all high Wayes are cownted Common and Publik to pas in But for any Priuat Man though he be a Subiect in any parte therof to dig for a Quarry of Stone or myne for Owre or Stonecoles c. Yt is not lawfull though he wold fill it vp again as well as he found it first So here the Brytish Seas are Common and free for all Ships of all Nations to pas in and vpon But as cōcerning the Fish vnder the water of those Seas Which Fish God Nature bringeth fauourably within the peculier Bownds Iurisdictiō of Our Royall Precinct No Forrein Subiect ought customably or otherwise presumptuously therin to cast Net for the same or vsually or presumptuously to serch or drag to his priuate gayn therin without the especiall 1. good leaue of the Maiesty of our Souerayn Queene the vndouted Lady and Mistres of the Sea Coasts next adiacent first obteyned or generally to be 2. hoped for * ☞ Or at the least not expresly known to the 3. Contrary And herein we deale neither Iniuriously or dishonorably For we will to all our Opposite Neighbors also attribute allow graunt and yeld as good Right and Interest for the other Moyty of the Seas to their Shore and Coasts appropriat as we do now challendge for our peculyar half So that this is most Iust Conscionable and Godly Herein To do as we wold be done vnto Which poynt tendeth greatly to the Assurance of all good Amity Iustice and good Conscience and peaceable Traffique contynuing with our faithfull or louing Neighbors And Seeing Iustice and God is on our side what Shame and discredit ys yt or may it be to vs with all Christen Nations that shall truly vnderstand the Case yf we like faynt harted and degenerated Meacocks should now NOW make dainty shrink or be afrayd valyantly to season on and prudently to enioy this so manifest Right and possession of our Sea Limits and that euery way being in dede where they are greatest in respect of other Princes late Attempts and Succes of enlarging and settling their new deuised Sea Limits not so great a parte as a drop of water is in respect of a pottle Can that Pety Marchantlyke king of Portingall haue any reasonable Pretence either by Law of God or Man to inuade and posses not Quod nullius in Bonis erat aut est The Law Quod Nullius in Bonis est Occupanti conceditur But many other mens Ancient and lawfull Possessions and Kingdoms though they were and some yet be Infidels And that in a course much longer from his own little rightfull and originall Kingdom than half the world is about in the greatest Circle yea after the shortest Cut or Cours which any way they can be brought to the bounds of their late forced Royallty And shall not we haue the Courage and skill rightfully to enioy the very Precinct of our own Naturall Ilandish walls ☞ and Royallty of our Sea Limits here at home and before our doores Can the Portugale King by the Popes Authority cause the King of Spayn to make his Nauies and Armados to forbeare comming within any portion of the East half of the whole world as to enioy or be maister of any Sea Mayn or Iland therein And also will the King of Spayn be contented so to condescend and allow vnto the Portugale vpon condition that the other half of all the world Westward mought be at the like his choys and Iurisdiction And though in dede betwene them two and before God this Couenaunt Negatiue is firm and inuiolably to be kept Yet neither of them by any law of God or Man can farder season on Note as their New possessions but as we and other lawfully may That is where they finde Quod Nullius in Bonis est Can they honorably Quoth he thus presume and with a Christien Conscience Deale Diuide and Share the whole world betwene them two only quo Iure quáue Iniuria as much as they can And will not they ☞ or must not they and all our opposite Neighbours be so reasonable yea and honorable with all as to alow like and commend our wisdoms and Industry to enioy the skyrts and Purlewes as it were of our Brytish naturall and appropriat Sea Limits And that in the most decent peaceable and freendly manner that Princely Counsaylors harts can deuise and most discrete Capitaynes vnder them can execute Well Sayd he my Hope is that vnder our good Souerayn Elizabeth ere long if it be her pleasure the AEquity of this Case will A Godly and Politicall Marriage And the blessed Ofsprings thereof or may be maryed with the Security of the whole State of this Impire And that they two will bring furth COMMON 1. WEALTH INVINCIBLE 2. STRENGTH AND IMMORTALL TRIVMPHANT 3. FAME Three most lawfull Brytish Childern and long wished for of the true Brytish and Christian Druides they being also Politicall Philosophers and not Sophisticate Beleue Pericles his Saying betymes Thucid Lib. 1. Pag. 93. Magnum est enim potiri Mari Considerate enim SI INSVLANI essemus INEXPVGNABILES essemus SI INSVLANI ESSEMVS INEXPVGNABILES ESSEMVS Note here I pray you a fowrfolde wise purpose vnder One golden Saying to the Brytish Monarchy at this Instant most aptly applyable SI INSVLANI ESSEMVS Besides all this Yt is most ernestly and carefully to be considered that our Herring Fishings against Yarmouth chiefly haue not so Notably to our great Iniury and los NOTE and the great and Incredible gayn of the Low Cuntries bin traded but from xxxvj yeres agoe hitherward In which tyme as they haue in wealth and number of Boats and
them Away with them Away with them Who so abhominably conuert Mans Meat to the Feeding of * Much lyke Disorders haue heretofore byn vsed about O●sord Hauen in the County of Suffolk Read the Statute made Ann● 4 Henri●● 7. Cap. 21. 1. Swyne And Otherwhile 2. Bury some of their vnlawfull Spoyle of Fry and young Fish in the Shores of the Thames and Otherwhere God of his infinite Goodnes sendeth vs Yerely Euident Tokens of the great Habundance of this kynde of good Vittailes prepared purposely for this parte of this Brytish Albion But these Trynker-Men Cast Incredible Much of such a Threasor before their Swyne to Battle them withall And are by that meanes great Hynderers bot● to the Wealth and Reliefe Publik and also to the Glory of God Who wold be Duly Glorifyed and Praysed of many a Thowsand of the Rich and Poore who should be Serued Pleasured and Relieued with the great Habundance of the Dyuers sorts of good and wholesome Fish Swarming in this Incomparable Riuer of Thames from the one end therof to the other in very mayn Skulls Yf these Publik Enemies of God and Man did not more than Barbarously and les than Christianlike vtterly spoyle and wickedly tred vnder their feet such a Blessing and liberall Gift of our GOD and most louing heauenly father profered vnto vs and in manner put into our hands Very much more abhominable and more vnreasonable is the wickednes of these Trinker-men than was the Disorder heretofore and till of late committed in Ireland where the Inhabitants of diuers Cities and Towns adioyning nere to Riuers that do Eb and Flow in which Riuers the Fry of Salmon Ele and other Commodious Fish are bred and nourished did kepe great heards and numbers of Swyne which at low water they do or till of late did lead of suffer to fede vpon the Strands of the sayd Riuers where they do or did destroy great Quantity of Salmon and Ele Fry and of diuers other good Fishes to the great hurt and hindrance of Fishing and the exceeding great dammage of the Common-Wealth As by the Act made against the same at Dublyn Anno vndecimo of our most Gracious Souerayn Lady Queene Elizabeth more at large may appere And at this present I am the bolder to expres my Instructor his feruency against the Trinker-Men their haynous endammaging of the Publik-wealth of this Kingdom Seeing for abowt an Hundred and Fifty yeres ago the whole Body of this Realm by their Parlement Senators left vnto vs worthy Record of their vigilant Eye to finde out such Offences and their Politik Prouiso by very good Iustice either to Cut of the Cause of so greuous hindrance to the Common-wealth or discreetly to punish the fact so often as it should be Committed with a Hundred Shillings to be Forfetted to the King. In the Second yere of King Henry the Sixth these are the wordes of the Statute to our purpose prudently established CAP. XV. The Statute against Trinker-Men for Euer enduring ITem it is Ordeined that the Standing of Nets and Engins called Trinks and all other manner of Nets which be and were wont to be fastened and hanged continually day and night by a certayn tyme in the yere to great Posts Boats and Anchors ouerthwart the Riuer of Thames and other Riuers of the Realm which Standing is a Cause and an Occasion of as great and more destruction of the Broode and Fry of Fish and Disturbance of the Common Passage of vessels as be the Weares Kyddels or any other Engins be wholy defended for EVER And that euery Person that so setteth or fastneth them from henceforth to such Posts Boats and Anchors or like thing continually to Stand as afore is sayd and be duly therof by the Cours of the Law conuict he shall forfait to the king C.S. at euery tyme that he is so proued in Default Prouided alwayes that it shall be lawfull to the Possessors of the sayd Trinks if they be of * Which comonly are so vnlawfull that of a Bushell of Wheat thrown into the Stream nere before the Net Three Pecks of the same or the half may be stayed in the Hose or Cod therof as Honest Men full many will Auouche Assise to Fish with them in all seasonable tymes Drawing and conueying them by Hand as other Fishers do other Netts and not fastning or tacking the sayd Netts to the Posts Boats and Anchors continually to Stand as afore is sayd Sauing alwayes to euery of the Kings liege People their Right Title and Enheritance in their Fishings in the sayd Water But what shall any Zealous Louer of Iustice and good Publik Policy say or think herein Seeing so long ago so Iust sufficient and easy a Remedy was prouided against these Trink-Boats 1. aswell for the manifold Cumber Danger and Dammage happening by them to such as should and did pas Vp or Down vpon the Thames by Day and chiefly in the Dark Nights and Foggy Weather As also against the exceeding great Publik-Dammage to the Naturall and Ordinary Encrease of very good Fish of diuers sorts wilfully and very vngodly procured by the sayd Trinker-men hath byn no better regarded And seeing 2. Sutes in the Law haue byn in our dayes commenced and followed by vertue of the sayd Act against the sayd Trinker-men And they therupon Condemned And yet that notwithstanding their vnlawfull Practises still are continued And Thirdly Seeing before our Eyes the Dammage to the Common-wealth and the incredible hinderance to that plenty of Vittailes finding and enioying which God hath prepared for vs is by these Trinker-men procured more now than euer before most vnlawfully and fraudulently etiam cum Calumnia quadam to the Pitifull Clemency and the very great Lenity vsed toward them Therfore Seeing I saye that Neither the foresayd very good Law can feare them Nor the Amercements as they are vsed do sufficiently pinch th●m Nor the manifold iust Complaynts besides Costly Sutes made and had against these Trinker-Men are yet of sufficient effect to the poore Commons to be vsed herein according to the Lawes of this Realm But that they remayn remedyles yet and are euidently Spoyled yerely of an incredible great Publik Benefit by these Trinkerly disordred and vnlawfull Fishings as before is declared How can I hope that vpon this very brief and simple Aduertisement of my Instructor These Trink-Nets shall vtterly and speedily be cut of ☜ without any longer sinister means to be vsed by any Subiects to beard check-mate or to deface so commendable and needfull a Statute as that is which before is expressed against the Standing of any Trink-Nets But yet for all that such is my Confidence in the goodnes of her most excellent Maiesty and so assured I am her Maiesties hart to be fraught with pitifull Compassion on the Lamentable and due Complaynts made of the great and excessiue hynderance and dammage to her Commons and Subiects wealth and relief And likewise so well are we
acquainted with the most commendable Iustice executed by her Maiesties most Honorable Priuy Counsaile when duly and throughly they vnderstand the Causes That with calling these things to my Remembrance not only now my Hope is reuiued but also I dare half warrant the Commons That Trink-Net-Men henceforward shall be vnpartially constrayned to vse their Trade of Fishing only according to the Law and Not as they most vnlawfully and very vngodly to long a tyme haue done and very abhominably at this present they do Yerely destroying far more Fish than they send good seasonable lawfull and allowable to the Markets For the more parte of those which they send are Vnseasonable or Vnlawfull Smelts or Whiting-Mops Wherin the Hebber-Boats only might sufficiently well or with much les Publik-dammage serue as the wise and expert are well assured of it Of the diuers yea the manifold Though all other Abuses be here Vntouched yet that vnlawfull Engyn at Myll Tayles From Stanes Westward called a B V C K Wherewith in some one Night a Bushell of Salmon Fry is destroyed wold Spedely and Seuerely be Abolished other abuses of Fishing or hyndrances to the same in this noble Riuer of Thames only to disclose rehears and expres the matter and manner particularly fully and vnpartially it doth require a peculiar and great Treatise But to Conclude this necessary Digression withall I may aptly enough and omitting many other Note only two manners of Hyndrances Which easily and most quickly may be redressed The one is of long tyme vsed and I know not why permitted and yet notwithstanding is a great Hindrance and cause of Destruction to the Western store of diuers kyndes of good Fishes I mean aboue London Bridge● vpward which is Westward And that is the Fishing with any manner of Net in the places which either for a Season or in the other which are continually exempted from being Fished in commonly called Seueralls and Rough places In which places what vnlawfull or vndue Subtlery is vsed to auoyd the Roughs and Stakes for feare of hurting or renting of their Nets and yet to beat and punch the Beds or Skulls of Fish and by in manner thundring s●owncing thumping and pashing or with Chayn drawing vnder the water c to driue the Fish to their Nets may easily be vnderstood and dayly sene or nightly hard and perceiued But with all men of sufficient Iudgement in many Respects it may be condemned as a great hyndrance to the Broode and Store preseruing and a violent breaking of the first Intent of the Politik Ciuill Senators who made the Ordonances for such Places Seueralling or vtterly Exempting and reseruing vnransakt and vndisturbed And though Peter-Men will make great shew of good Argument to the Contrary yet it is best to make sure woork in Circumspectly establishing the Priuilege and exemption of those peculiarly assigned and well known places of Store and Broode from any manner of Net casting in the same or any artificiall disturbance purposely therin to be vsed for any Fish taking The Second Hyndrance is the Stinching Soyling or rather Beslouening of the Thames Both Shores and Channels Where the yerely Recours and far more Plentifull Haunt than now is of the Western * The Seasonable Repayr of the Western Smelt is a matter of great Importance Both for the very who●esome and Plentifull Vittayling of Multitudes of all States And also for the good help of many a poore Fisherman toward his Maintenance for that Season Both for Meat and Mony for him and his Family Smelt which is the Seasonable and best Smelt was wont to be Which kynde of Fish greatly abhorreth such Fylthy grownd And this new and to bold Attempt hath but of very late yeres excessiuely bin enterprised Not only as I sayd to the great Hyndrance of the best and most Seasonable Smelt his annuall Delight as in times past and till of very late to Return and abyde in great Plenty for the space of the whole Season in the Ancient Place of the chief Western Smelt Fishing But also to the causing of many lothsome Sights horrible Sauours and infectuous euaporations of such Dunghill stuf to no little grief of Sent and no les danger to the health of very many of Court Cuntry and City which either do frequent or now and then pas vpon the same Riuer of Thames betwene the City of London and Richemond where most vsually our Soueraygn euery yere doth make some abode Betwene which two places as our Soueraigns Kings and Queenes haue very often and almost yerely heretofore passed by water So durst no man in those dayes so carelesly and vnlawfully annoy and bestinche the Thames either Banks or Shores in that Tract of the Riuer chiefly being also the fayrest and pleasantest passage of the whole Riuer both in respect of not offending either the Eye or Smell of the Maiesty Royall and also for feare of breaking * The Statute THat No Person or Persons after the first day of August next comming do cast or vnlade out of any manner of Ship Crayer or any other vessell being within any Hauen Rode Channell or Riuer flowing or running to any Port-Town or to any Citie Borough or Town with in this Realm or any other the Kings Dominions any manner of Balast Rubbish Grauell or any other wrack or Filth but only vpon the Land aboue the Full Sea Mark Vpon Payn that euery Person and Persons offending this Act to lose and forfait for euery tyme so offending * Fiue Pounds the one half to the King our Soueraign Lord and the other half therof to such Person and Persons as will sue for the same by Byll Playnt Originall writ or Information in any the Kings Courts of Record in which Action or Sute no wager of Law shal be admitted nor any Essoyne or Protection allowed Anno 34. Henrici 8. Cap. 9. * The Statute against Annoyance and Infection by Dung. c. ITem for that so much Dung and Filth of the yssues and Intralls aswell of Beasts killed as of other Corruptions be cast and put in Dyches Riuers and other waters and also within many other places within about and nigh vnto diuers Cities Boroughs and Towns of the Realm and the Suburbs of them that the Ayre there is greatly corrupt and infect and many Maladies other intolerable Diseases do dayly happen as well to the Inhabitants and also Dwellers in the sayd Cities Boroughs Towns and Suburbs as to other thither repayring and passing to the great Annoyance Domage and Perill of the Inhabitants Dwellers Repayrers and Passers aforesayd It is accorded and assented c. Anno. xij Richardi Secundi Cap. xiij Ordonances generally prouided and very duly appliable to the same Case And how either already it hath offended or may here after offend the Eye and Nose and be dangerous to the health aswell of the right Honourable Priuy Counsailers to our Soueraygn or of other of the Nobility or of the Ladyes and