THE SOVERAIGNTY of the BRITISH SEAS.

Proved By Records, History, and the Municipall Lawes of this KINGDOME.

Written in the yeare 1633.

By that Learned Knight, Sr JOHN BOROUGHS, Keeper of the Records in the Tower of London.

London, Printed for Humphrey Moseley, and are to be sold at his Shop at the Princes Armes in St Pauls Church-yard. 1651.

To the Reader.

BE not start­led to see so great a subject handled in so small a Volume. When you have read but a little of this little, you'll thinke the [Page] Authour was ten­der of your trouble but not of his own. For (how cheape soever you come by this Book) it cost the Author the perusall and search of the best, and most Records of our Nation. And yet hee was one that knew well [Page] enough how to va­lue his time; for none made better use of it; and (in these kinds of Scrutinies) you may be­leeve he went the best way, because hee knew them all, and trod them e­very day; it being his Office not to be ignorant of any [Page] Records that con­cern'd the Ho­nour or Antiqui­tie of this Island. It was written at the request of a great Person, who desir'd to un­derstand the true State of the Que­stion, concerning the Dominion of the British Seas, [Page] as well what Hi­stories as our own Records would afford. And here 'tis done in a little roome; for the Au­thor was able to speake fully, and briefly both at once. Some others have written of the same Subject; and if wee thought [Page] any spake more, or so much, in so short compasse, wee should forbeare the publication of this. Wee are borne in an Island, and cannot goe out of it without asking leave of the Sea and Winde; and not to know what Right we have to [Page] that Water which divides us from all the World, is some­thing ill becoming such as can read, and may know for reading. The Ti­tle is not too bigge for the Booke, though one of the greatest Ships of the World was call'd by the same [Page] name; and (if some knowing Persons bee not deceiv'd) our Author was the first that hinted it, having writ­ten this Discourse three yeares before that famous Vessell was built.

Farewell.

The Soveraigntie Of the Seas of ENGLAND.

THat Princes may have an exclu­sive property in the Soveraigntie of the severall parts of the Sea, and in the passage, [...]ishing & shores therof, [...]s so evidently true by way of fact, as no man that is not desperately [...]pudent can deny it and for the point of [Page 2] right, though some of late have endeavored by way of argument to prove the contrary, af­firming them to be not onely publique but common; yet the no­torious practise of all Maritime Countries, the necessity of Order in mutuall commerce, and the safety of mens persons, goods, & lives had taught even the most barbarous Nati­ons to know by the light of humane reason, that lawes are as equal­ly necessary for the go­vernement and preser­vation of such as fre­quent [Page 3] quent the Seas, as of those that trade, and negotiate on the firme land. And that to make lawes, and to give them the life of execution must of necessity re­quire a supreame au­thority, for to leave every part of the Sea, and shores to an arbi­trary and promiscuous use, with-a correctingout and securing power in case of wrong, or dan­ger is to make men of the like condition with the fishes that live therein, of which the greater doe usually de­voure, and swallow the lesse.

[Page 4] I conceive therefore that Princes doe enter­taine these Schoole Problems, and Criti­cismes, no otherwise then with contempt and scorne, much dis­daining to bee wrang­led out of the ancient rights & regalities an­nexed to their crownes, by the subtile Argu­ments of witt and So­phistrie, specially con­sidering that amongst the Civill Lawyers themselves there is so great diversity of opi­nion, whilst some pe­remptorily maintaine,Groitus de Mari libero. That Mare & littora [Page 5] maris jure Gentium sunt communia. Others as confidently saying, Vi­demus de jure Gentium in mare esse distincta do­minia sicut in terra. Baldus ad L. dererum dominijs. And further, mare ipsum ad centum usque milliaria pro territorio districtu­que illius Regionis, evi­proxim. appropinquat assignatur: with many other like alterationsBarthol. in Tract. de Insulis. diameter wife contra­dictorie the one to the other; And therefore the question being not as yet resolved a­mongst themselves, it were strange to thinke that Princes in the [Page 6] meane time will relin­quish the possession of those Royalties which they and their Ance­stors have held beyond all memory, without a judgement first agreed upon, and affirmed in the case. And for his sacred Majesty our dread Soveraigne Lord the King, such is his cleare and indubitable right to the Superiori­ty of the Seas of Eng­land derived and con­firmed upon him by immemorable pre­scription, and conti­nued in possession even untill this very yeare [Page 7] 1633. that the hearts and consciences of all just men must necessa­rily subscribe to the e­vident truth thereof. But if contrariewise a­ny shall presume and goe about actually to dispossesse his Majestie of this his undoubted birthright, or usurpe upon his Soveraigntie in a case so highly con­cerning his honour, and safety, as well of his owne kingdomes and subjects, as of other Nations that under the wing of his protection doe passe those Seas, his Majestie (no doubt) [Page 8] will never be unprovi­ded of a good sword to vindicate that right which all his royall progenitors have care­fully maintained, the lawes and customes of this kingdome have ra­tified and confirmed, & forraigne Nations have freely acknowledged; as by the subsequent monumēts of Record, History, & the Cōmon lawes of the land will evidently appeare.

When Julius Caesar first undertook the In­vasion of this our Isle of Brittaine, he found the neighbouring Na­tion [Page 9] of the Gaules in a manner altogether ig­norant of the Island it selfe, the condition of the Inhabitants, their Townes, Havens, & ap­proaches, Quae omnia fe­re Gallis erant incognita, Cō de bello Gal­lic. l. 4. fol. 72. m. 8. neque enim temere praeter mercatores adit ad illos quisquam, neque eis ipsis quidquam, praeter oram Maritimam, at (que) eas Re­giones quae sunt contra Galliam, notum est. So are the words of Caesar whereby it appeareth that the Brittains kept off all Strangers except Merchants from ap­proaching their con­fines, [Page 10] & that those Mer­chants in their accesse were restrained to the shore only, that lay op­posite to the Gaules, without being suffered to make further disco­veries of the more re­mote coasts. Insomuch that the same Caesar up­on diligent examinati­on of those Merchants,Ibidem. Neque quanta esset Insulae magnitudo, neque quae, & quantae Nationes incole­rent, ne (que) quem usum bel­li haberent, aut quibus in­stitutis uterentur, ne (que) qui essent ad majorum naviū multitudinē idonei portus, reperire poterat. [Page 11] which restaint of stran­gers they could not o­therwise make good but by the goodnes & greatnes of their Ship­ping, as may be gathe­red by the words of the same Caesar afterwards used. For though the Brittaines for ordinary imployment, & Rivers, and upon the Coasts neare the maine, had Ships composed of meane stuffe, having their Keeles, and Ribs made of slight timber, and the rest of the Hull rooven up with Osyers covered with leather. Carinae Pri­mum [Page 12] ac statumina ex levi materia fiebant,De bello Civil. lib. 1. p 233.re­liquum corpus navinm viminibus contectum co­riis tegebatur: (From whence Caesar tooke his patterne of those Ships which hee was forced to frame on the sudden for passing his Army over the River neare Ilerda in Spaine, without wch he had ut­terly lost both it, and himselfe) yet had they, and their Confederates, other shipping of so great bulk & strength, & withal so serviceable in fight at sea, that Caesar in their descrip­tion [Page 13] preferreth them far before those of the Romanes; for in the Navall preparations made by the Gaules of Venice, neare the mouth of the River Loyer (wherein hee expresly saith, that they had (Auxilia) supplies from the op­posite part of Brit­taine) he setteth forth their Ships in such manner as (considering the time) may justly move admiration.De bello Gallico. lib. 3. pa. 55. Ip­sorum Naves (saith he) ad hunc modum factae armataeque erant. Ca­rinae aliquanto planiores [Page 14] quam nostrarum Navi­um, quo facilius vada, ac decessum aestus exci­pere possent, prorae ad­modum erectae, atque i­tem puppes ad magnitu­dinem fluctuum, tempe­statumque accomodatae, Naves totae factae ex ro­bore, Ibidem. &c. And againe, Neque enim his nostrae rostro nocere poterant, tanta erat firmitudo, ne­que propter altitudinem facile telum adjiceb atur. Et eadem de causa minus commode scopulis conti­nebantur. Accedeb ant ut cum saevire ventus cae pisset & se vento dedis­sent, & tempestatem [Page 15] ferrent facilius & in va­dis considerent tutius, & ab aestu derelicta nihil saxa, & cantes time­rent. And presently after, circiter ccxx. Na­ves eorum paratissimae, atque omni genere armo­rum ornatissimae è portu profectae nostris adversae constiterunt. Neque satis Bruto qui classi praeerat, Ne (que) Tribunis militum, Centurionibus (que) quibus singulae naves erant at­tributae constabat, quid a­gerent, aut quam rationē pugnae institerent, Rostrā enim noceri non posse cognoverant, [...] turbibus artem excitatis, tamen [Page 16] has altitu do puppium ex barbaris navibus super a­bat, ut neque ex inferio­ri loco satis commodè tela adjici possent, & missa à Gallis gravins ac­ciderent. And that the Brittaines not onely at this time but in most of those Warres of the Gaules, did send them aydes, and supplies a­gainst the Romanes, the words of Caesar evi­dently declare, who intending to invade their country, preten­ded no other quarrell then,De bello Gall. lib. 4. Quod omnibus fe­rè Gallicis hostibus no­stris inde subministra­ta [Page 17] auxilia intelligebat.

Yet these three con­federates and neigh­bours the Gaules they permitted not freely to passe the Brittish seas, but kept them from knowing so much as their opposite coasts, save onely by way of Trade and Merchan­dize. And this to cer­taine appointed places neare the sea-shoares where the knowne Marts and Staples were appointed for com­merce and traffique.

By all which it ma­nifestly appeareth that before the Roman con­quest [Page 18] the Brittish Na­tion had the supreame power and command of their owne Seas without the competi­tion of any other Na­tion whatsoever.

So likewise when the Romans had made themselves possessorie Lords of the Island, and the Soveraigntie of the Seas thereunto belonging was in them, and accordingly con­tinued and was main­tained, without in­croachment, or pre­tence of title thereun­to made by the other. But when the Civill [Page 19] warres and distraction of the Roman Empire had by exhausting of the flower of the Brit­taine youth, so much infeebled the Nation, as inforced them to call in the Saxons to their ayde against the Picts their insolent neighbours, & for sup­pressing the nationall factions growne up a­mongst themselves, and those Saxons (wor­king upon the weak­nesse of the Brittaines) had expelled them from the better parts of the Kingdome, though for a time they [Page 20] were diverted from set­ling their owne affaires by the powerfull inva­sions of the Danes and their homebred quar­rels, grown by reason of the severall pettie Kingdomes of their Heptarchie, yet when they were all reduced under one head, they forgot not to assume their right of Sove­raignty in the seas of England. As did the most noble Edgar, who in the glorious title of his Charters, yet extant of those times, speaketh as follow­eth.

[Page 21] Altitonantis Dei lar­gifluaEx. Char­ta fundati­ouis Eccle­siae chathed Wigor. clementia, qui est Rex Regum. Ego Edgarus Anglorum Basileus omni­um-que rerum Insularum Oceani quae Brittaniam circumjacent, cuncta­rumque Nationum, quae infra eam includuntur Imperator & dominus &c.

And for maintenance of this his Soveraign­tie he continually kept in readinesse a Navy of foure hundred ships, which being divided into foure severall Fleets of one hundred Ships a peece did every yeare after Easter take [Page 22] their course to the four quarters of England where they remained to guarde, and scowre the Seas untill winter following. So saith Ranulphus Cestrensis. Ranulphus Cestrensis. I­dem quoque Edgarus 400 Naves congregavit ex quibus omni anno post festum Paschale, 100 Naves ad quamlibet Aug­liae partem statuit, sic aestate Insulam circum­navigavit, hyeme vero iudicia in Provincia ex­ercuit.

Etheldred after Edgar for defence of the Seas, and kingdomes caused of every three hun­dred [Page 23] and ten hides of land a shippe to be built, which meeting at Sandwich, made the greatest Navy that e­ver this kingdome set forth to Sea.

And Canutus the Dane, coming not long after to be King, first of halfe the Realme by by composition be­tweene him, and Ed­mund Ironside, and af­ter the death of Ed­mond of the whole Sur­vivorshippe, did fôr his owne time (as his Successors of the Da­nish race after him) pre­serve the Seas of the [Page 24] Kingdome in their for­mer estate, without ad­mitting any the neigh­bour Princes to have any dominion in any part thereof.

And so they remai­ned in the time of the Confessor untill the conquest made by Wil­liam Duke of Norman­die, in whose raign, and for many discents after him, the Sove­raigntie of the said Seas was so far from being evicted that it was never so much as questioned by any Na­tion untill the time of Edward the first, about [Page 25] the yeare 1299. and the six and twentieth of his raigne. At which time the King of France being upon termes of hostilitie with those of Flanders, did by his Commission constitute one Reyner Grimbald Admirall of his Navy which he then sent forth against the Flem­mings by vertue of which Commission, Grimbald in passing to and againe in the Seas of England, tooke up­on him Soveraigne Ju­risdiction, as Admirall unto the French King in those Seas, taking [Page 26] the people, and Mer­chants of England, and other Nations, and carrying them into France, where he cau­sed them to abide his judgement, and a ward concerning their goods and Merchandice; But shortly after the Kings of England and of France appointed by a­greement certain Com­missioners (termeed Auditors in the Re­cord) to heare, and re­dresse the wrongs in­terchangably done by their Subjects contra­ry to the peace for­merly made between [Page 27] them at Paris, before which the Commissio­ners the Agents (or Procurators as the Re­cord nameth them) for the Maritime coasts of the greatest part of the Christian world, of Genoa, Spain, Germany, Holland, Zealand, Freez­land, Denmarke, and Norway, made this re­markable acknowledg­ment and declaration following, which out of the old French of that time I have ren­dred into English, the title whereof is thus in Latine.

De superioritate Maris Angliae & jure officii Admirallatus in co­dem.Record in the Tower of London.

To our Lords Audi­tors deputed by the Kings of England & of France, to redresse the damages done to the people of their Kingdoms, and of o­ther Territories sub­ject to their Domi­nions by sea, and by land, in time of peace and truce.

The Procurators of the Prelates, Nobles, and Admirall of the sea of England, and of the [Page 29] Comminalties of Ci­ties and Townes, and of Merchants, Marri­ners, Messengers, Pil­grims, and of all other of the said Kingdome of England, and the Territories subject to the Dominions of the sayd King of England, and of other places, as of the Sea-coasts of Ge­noa, Cataloigna, Spaine, Almaigne, Zealand, Hol­land, Freezland, Den­marke, and Norway, and of divers other places of the Empire, doe shew, That whereas the Kings of England, by reason of the sayd [Page 30] Kingdome from time whereof there is no memory to the contra­ry, have been in peace­able possession of the Dominion of the Sea of England, and of the Isles being in the same, in making, and establi­shing Lawes and Sta­tutes, and restraints of Armes, and of Ships, otherwise furnished then to ships of mer­chandize appertaineth, and in taking suretie; and affording, safe­guard in all cases where need shall be,ariè in ordering of all other things necessary for [Page 31] maintaining of Peace, Right, and Equity, a­mongst all manner of people, as well of other Dominions as of their owne, passing through the said Seas, and the Soveraign guard there­of, and in doing Ju­stice, Right, and Law, according to the said Lawes, Ordinances, and Restraints, and in all other things which may appertaine to the exercise of soveraigne dominion in the places aforsayd. And A. de B. Admirall of the Sea deputed by the King of England, and all o­ther [Page 32] Admiralls ordai­ned by the sayd King of England, had been in peaceable possession of the soveraigne guard, with the cognizance of Justice, and all other the appurtenances a­foresayd, except in case of Appeale, and of complaint made of them to their Sove­raignes the Kings of England in default of Justice, and for evill Judgement, and espe­cially in making Re­straints, doing of Ju­stice, and taking surety of the peace of all manner of people u­sing [Page 33] Armes in the said Sea, and carrying Ships otherwise furnished, and set forth then to Merchants Ships ap­pertaineth, and in all other points where a man may have reaso­nable cause to suspect them of Robbery, or of other misdemea­nours. And whereas the Masters of the ships of the sayd Kingdome of England in the ab­sence of the sayd Ad­mirall hath been in peaceable possession of taking Cognizance and judging all actions done in the sayd Sea, [Page 34] betweene all manner of people according to the said lawes, Statutes, restraints, and cu­stomes. And whereas in the said first Article of confederation lately made betweene the said Kings in the trea­tie upon the last peace at Paris are comprised the words which fol­low in a Schedule an­nexed to these presents First it is estreated, and accorded betweene us, and the messengers and Procurators aforesaid in the names of the said Kings. That the said Kings shall from this [Page 35] time forward be one to the other good, true, and loyall friends, and ayding against all men (save the Church of Rome) in such manner, as if any one, or more whatsoever they be, would disinherit, hin­der or molest the said Kings in the Franchises, liberties, priviledges, rights, dueties, cu­stomes of them and of their Kingdomes they shall bee good and loyall friends, and ayding against all men that may live, and die, to defend, keepe, and maintaine, the [Page 36] Franchises, liberties, priviledges, rights, du­ties, and customes a­bovesaid, except to the King of England Moun­sieur Iohn Duke of Bra­bant in Brabant, and his heires descended of him, and of the daughter of the King of England, and except to our foresaid Lord the King of France the excellent Prince Moun­sieur Dubart King of Almaigne, and Moun­sieur Iohn Earle of An­hault in Anhault, and that the one shall not be of Counsell, or ay­ding, where the other [Page 37] may lose life, member, estate, or temporali honour; Mounsieur Rey­ner Grimbald master of the said Navy of the said King of France, who names himselfe Admirall of the said Sea deputed by his Lord aforesaid in his warre against the Flem­mings, after the said confederation made, & established, and against the forme, and force of the said confederation, and the intention of them that made it, wrongfully assumed the office of the ad­miraltie in the said Sea [Page 38] of England, by the commission of the King of France, and used the same one year, & more, taking the people and Merchants of the kingdome of England, and of other places pas­sing through the said Sea with their goods, & delivered the people, so taken to the prison of the said Lord the King of France in the Ports of his said kingdome, as to him forfeited, and accrewing. And the ta­king, and detayning of the said people with their said goods, and Merchandise, as also [Page 39] his said judgement, and award hath justi­fied before the Lords Auditors in writing by vertue of the authori­tie of his said com­mission of the Admi­raltie aforesaid by him­selfe usurped, and du­ring a restraint gene­rally made by the King of England by reason of his power, and according to the forme of their ar­ticles of the confede­ration aforesaid, which conteineth the words underwritten, requi­ring that he might be acquitted, and absol­ved [Page 40] of the same, to the great dammage and prejudice of the King of England, the Pre­lates, Nobles, and o­thers above named.

Wherefore the said procurators in the names of their said Lords, doe pray your Lordships Auditors a­foresaid that you cause due, and speedie deli­verie of the said people with their goods and Merchandise so taken and detained to be made to the Admirall of the said King of Eng­land to whom the Cog­nizance of the same of [Page 41] right appert aineth (as is before expressed) So that without the disturbance of you, or any other, hee may take Cognizance ther­of, and to doe that which appertaineth to his office aforesaid. And the said Mounsieur Reyner Grimbald bee condemned, and con­strained to make satis­faction to all the said parties dampnifyed, so far forth as hee shall be able, and in his de­fault his said Lord the King of France, by whom he was deputed in the said Office; And [Page 42] that after due satis­faction made to the parties dampnified the said Mounsieur Reyner, bee so duly punished for the violation of the sayd confederation, that his punishment may bee an example to others in time to come.

In the Record these memorable points are to be observed.

First, That the Kings of England had then been in peaceable pos­session of the sayd Do­minion of the sayd Sea of England by imme­morable prescription.

[Page 43] Secondly, that the Soveraignty belonged unto them, not because they were Domini utri­usque ripae, as when they had both England and Normandy, and so were Lords of both shoares. For Edward the First at this time had not Normandy, but that it is inseparably appendant and annex­ed unto the Kingdome of England, our Kings being superiour Lords of the said Sea, by rea­son (as the said Record speaketh) of the sayd Kingdomes.

Thirdly, onely the [Page 44] Kings of England had power to make Lawes, and exercise supreame Jurisdiction over all persons, and in all causes within the sayd Sea, and in their ab­sence to the Masters of their said Ships onely appertaineth.

Fourthly, That the, King of France could not make an Admirall in that Sea without do­ing wrong to the King of England, but that it was an usurpation up­on his right.

Lastly, that all this was affirmed, and ac­knowledged by the A­gents [Page 45] of most part of Christendome, being strangers to the Crown of England.

Surely I beleeve no Prince in the world can produce clearer e­vidence for any part of his estate then the King of England by this Record can doe for his Soveraignty, and ex­clusive Jurisdiction in the Sea of England. Yet for further declaration hereof, I will adde cer­tain others of succeed­ing times in affirmance of that above mentio­ned.

The first whereof is [Page 46] that of King Edward 3. being an Article a­mongst others, upon which the Kings Justi­ces were to be advised, with all the title of the Record, being as fol­loweth.

Articuli super quibus Justiciarii Domini nostri Regis sunt consulendi.

Item ad finem quod resumatur, & continue­tur ad subditorum pro­secutionem forma proce­dendi, quondam ordina­ta & inchoata per A­vum Dominum nostruns Regis, & ejus Concili­um [Page 47] ad restituendum, & conservandum antiquam superioritatem Maris Angliae, & jus officii Admirallatus in eodem, quod corrigendum leges & statuta per ejus Ante­cessores Angliae Reges du dum ordinata, ad conser­v an dum pacem & justi­tiam inter omnes Gentes Nationis cujuscunque per mare Angliae transeun­tes, & ad cognoscendum super omnibus in contra­rium attemptatis in eo­dem, & ad puniendum delinquentes & damna parti satisfaciendum. Quae quidem leges, & statuta per Dominum [Page 48] Richardum quondam Regem Angliae in reddi­tu suo à terra sancta cor­recta fuerunt, interpre­tata, declarata & Insu­la de Olleron publicata & nominata in Gallica lingua. Lay loy Olle­ron.

In this Record (as in the former) the anci­ent right of the King of Englands superiority in the Seas of England, and the large extent thereof is clearely spe­cified, but especially in the conclusion wee may observe to the great glory of our En­glish Nation, that the [Page 49] famous Lawes of Olle­ron (which (after the Rhodian Lawes were antinquated and abso­lete) have now well neare 500. yeares been received by all the Christian world for regulating Sea affaires, and deciding Maritime controversies, were first declared by King Richard the first (a King of England) at his re­turne from the Holy land, and by him cau­sed to bee published in the Isle of Olleron (then belonging to the Dut­chy of Aquitane) and thereupon, and from [Page 50] that Island tooke their name, which they yet retaine; and this is the more worthy of note, because untill this Record (being lately found) was produced, the most learned Law­yers, and Antiquaries of our times were alto­gether ignorant by whom those Lawes were ordained, and why they were so cal­led. To the same pur­pose and effect is this originall in French, but expressed here in En­glish.

Item, Record Regis in Tower. to the end that having seen and consi­dered [Page 51] the formes of proceeding and Let­ters, ordained by the Counsell of our sayd Lord (Grandfather to the King) for them, and the sayd Nation of England, to recover, and retaine the sayd Subjects, Assistants and Allies, and to cause re­dresse to be made unto them for all damages done to them on Sea, and Land during the said Truce, Peace, and Confederation, and a­gainst the forme of the same by the said French their Assistants and Allies, and to shew [Page 52] the clamour of the people for the said dis­inheritance, and the damages which by rea­son of such clamour might happen, and e­specially to retaine the Soveraignty, which his Ancestors the Kings of England used to have in the sayd Sea of Eng­land, as touching the ancient declaration, and interpretation of Lawes by them made to governe all man­ner of people passing through the sayd Sea. And first to his Admi­rall, and Masters, and Marriners of the Ships [Page 53] of the Cinque Ports of England, & of all other Lands annexed to the Crowne of England, belonging to his Army in the said Sea, the like formes of proceedings and letters be hence­forth observed, with all such amendment as may be ordained by the said Consells of our said Lord the King to the profit, and ho­nour of him.

And moreover the Record following, sheweth how much that great King Edward the third held himselfe in honour bound not [Page 54] to suffer the dominion of the Sea to be lost, or impaired in his time, but especially wee are in it to observe that the Kings of England were anciently as now Domini Anglicani cir­cumquaque. Lords of the Seas environing Eng­land, for so the words of the Record are.

Rex dilecto, & fideli suo Galfrido de Say, Admirallo flotae suae nae­vium ab ore aquae Thami­siae, versus partes Occi­dentales, salutem. Cum nuper nos animadverten­tes quod Progenitores nostrûm Reges Angliae, [Page 55] Domini Maris Anglica­tani circumquaque, & etiam defensores contra hostium invasiones ante haec tempora extiterunt. Et plurimum nos taederet si honor noster regius in defensione hujusmodi ar­mis (quod absit) depe­reat temporibus nostris, aut in aliquo minuatur &c. Mandamus vobis quod statim visis presen­tibus, et absque ulteriori dilatione, naves portuum praedictorum & alias na­ves, quae jam paratae ex­istunt super mare tene a­tis.

And first to the practique proofe of [Page 56] this Dominion, and Superioritie in all succeeding times, what can be more pertinent, and materiall then to shew.

That the Kings of England successively have had the Sove­raigne guard of the Seas.

That they have impo­sed taxes and tri­butes upon all Ships passign and fishing therein.

That they have stop­ed, and opened the passage thereof, to strangers as they saw cause.

[Page 57] That all wrecks and and Royall fishes therein found are o­riginally due and doe belong unto them.

Every of which par­ticulars the testimonies following will amply manifest.

As touching there­fore the guard of the Seas. It is apparent by the Records of Parli­ament, and by the printed bookes of Statutes, that To­mage and Poundage were granted, as for o­ther reasons, so especi­ally, and all waies, for [Page 58] enabling the King to guard the Seas. And accordingly divers ad­miralls from time to time were constituted by Commission for that purpose, of which there are multitudes of presidents upon Re­cords. It may suffice to insert this one in­stead of many.

Rex Charissimo con­sanguineo suo Henrico Duci Exoniae salutem. Sciatis cum nos &c. retinuerimus vos sub certis modo & forma ad proficiendum in ser­vitio nostro supra Ma­re, super custodiâ ejus­dem, [Page 59] &c. Ordin avimus & assignavimus vos, & vobis tenore presentium plenam, et sufficientem committimus, et damus potestatem, et authorita­tem generalem et specia­lem ad proficiscendum supra mare cum retinen­tia vestra, Piratasque et Spoliatores, Mercatorum, et Piscatorum tam An­glorum, quam extraneo­rum cum eorum Navibus, et capiend. et arrestand. et eos juxta casus et juris exigentiam simi­liter castigand. &c.

And to this purpose wee finde frequent protections granted to [Page 60] such of the Subjects as were in service with their Admiralls, As to Thomas Warren of Bri­stoll, qui in obsequium Regis in comitiva dilectiet fidelis consanguinei Johannis Comitis Wi­gorum unius custodum Maris super salva custo­dia et defensionem ejus­dem Maris moratur.

So likewise unto Iohn Warde, qui in obse­quio Regis in comitiva dilecti, & fidelis consan­guinei nostri Richardi comitis Sarum unius cu­stodum Maris super sal­va custodia & defen­sione ejusdem profecturus est.

[Page 61] And the like to Ri­chard Clarke, qui in Regis obsequio in comiti­va dilecti & fidelis consanguinei Regis Jo­hannis comitis Oxoniae unius custodum maris super salva custodia & defensione ejusdem mo­ratur.

I shall not need to more of elder times for declaration of this point, since our owne memories can testifie that divers Ships have been sent forth by our Soveraignes at sundry times upon the like imployment, besides those that have con­stantly [Page 62] kept the Nar­row Seas, unto which all strangers even at this day vaile Bonnet in acknowlegement of this Superioritie, ac­cording to this Ordi­nance made by King Iohn many hundred yeares past, worthy to bee remembred, and observed, which out of the old French I have here verbatim translated into En­lish.

Item, Inter leges marinas sub fine It was ordained at Hastings for a Law and Custome of the Sea in the second year of the raigne of King [Page 63] John, by the advice of the Lords Tem­porall, That if a Lievetenant in any voyage being ordained by Common Councell of the Kingdome doe incounter upon the Sea any Ships or vessels laden, or unladen, that will not strike and veile their Bonnets at the commandement of the Lievetenant of the King, or of the Ad­mirall of the King, or his Lievetenant, but will fight a­gainst them of the Fleet, that if they can be taken, they be repu­ted [Page 64] as enemies, and their Ships, Vessells, and Goods taken, and forfeited as the Goods of Enemies, although the Masters or Posses­sers of the same would come afterwards and alledge, that they are the Ships, Vessels, and Goods of those that are Friends to our Lord the King, and that the common peo­ple being in the same bee chastised by impri­sonment of their bo­dies for their rebellion, by discretion.

Concerning Taxes, and Tributes imposed [Page 65] upon Ships passing, and fishing upon our Seas, and Coasts, it will bee proper in the first place to set downe the Ordinance made in the second yeare of Richard the second by the assent of the whole estate in the Parlia­ment, which upon the Roll of that yeare is recorded in these words.

Ordinance et grant per I advise des Merchants de Londres et des autres Merchants vers le North per assent de touts les Commons de Parliament per devant le Countes [Page 67] de Northumberland et le Mayor de Londres pourle guard de mere et costs de Admirall des North aux deux niefs.

Primerment pur prender de chacune neif et Crayer de quelque passage que passe per la mere le dit Admirall alant et retour­nant pur le voyage de de chacune Tonne tight vj.d

Iten de prendre des autres neifs et vesseaux possioners et p [...]sson en­tour autres poissonniers sur le me re deins le dit Admiralty de quelle por­tage quil soit en troys Semanies de chacu­ne [Page 66] Tonne tight: vj.d

Iten de toutes autres neifs Crayes & vessaux passantes per mere deins le dit Admiralty charges ove biens de Merchants in Exprenx on en North­way on en Sion Ga de chacune Tomne tight vj.d

In which Ordinance of Parliament wee may plainly observe that these payments were imposed upon all ships passengers as well as fishers within those Seas. And to the like purpose is this of Ed­ward the fourth.

Rex dilectis & fi­delibus [Page 68] Iohanni Hen­ningham militi Willo Hopton, Pat. 22. E. 4. part 1. in 2. de conductu sive gar­dia Waf­torum pi­scatorum. Edv. Ynce, & Johanni Wamfllet; salutem Sciatis, quod cum nos pro securitate Sub­ditorum nostrorum com­mitatum Northhampt. & Southhampt. quam Navium, & Piscatorum aui super mare per Coste­nus eorundem Comita­tum piscari voluerunt sub conductu & salva gardua dilectorum & fideli­um nostrorum Edw. Ynce, Johannis Dabey, unius valectorum Coro­nae, et Will. The­derston, quos custodes, conductores, et Waftores [Page 69] pro securitate dictorum Piscatorum versus inimi­cos nostros, super ma­re existentes, ad pre­sens ordinavimus, de fidelitate, et provida circumspectione vestris plenius confidentes, assignavimus vos con­junctim, et divisim, ac vobis plenam potesta­tem et authoritatem te­nore presentium damus et committimus, tam ad custodes, conductores, et Waftores illos supervi vendum, quam ad com­municandum cum qui­busdam Pifatoribus cu­juscunque patriae fue­rint, qui in partibus [Page 71] praedictis, sub securitate dictorum, Edmundi Ynce, Iohannis Dabey, et Will. Federston piscari voluerint, Quod ipsi piscatores et eorum quilibet ad omnia, et omnimoda costas onera et expensas eisdem custo­dibus conductoribus et waftoribus persentium sint tempore piscationū contributores, ad hujus­modi costas, onera, et expensas illa de hujus­modi piscationibus, pis­catorum praedictorum, u­bicunque inueniri pote­runt, levandum et colli­gendum. Nec non ad omnes alios fore custodes, [Page 70] conductores, sive wafto­res alios, quam preno­minatos, presumentes, vel attemptantes, arre­standi, et capiendi et prox. Goalae nostrae com­mittendum ibidem salvo, et secure, quousque eorun­dem deliberatione ordi­navimus, custodiendum, similiter authoritatem et potestatem damus et committimus. Et ideo vobis et cuilibet vestrum mandamus quod circa praemissa diligenter in­tendatis, et ea faciatis et exequamini in forma praedicta.

In this Record is manifestly exprest that [Page 70] the King appointed wafters to guard the fishers, not only of his owne realme but for­rainers and strangers that fish upon his coasts, and that the wafters tooke a ratea­ble proportion of eve­ry Ship towards their costs, and expences, in securing their fishing. And lastly that these wafters were to pro­hibit all other wafters whatsoever that pre­sumed to take that office upon them, and to commit them to prison there to attend the Kings pleasure.Camdens Brit.

[Page 73] To this effect the venerable Camden in his description of the North riding of York­shire saith, that the Hollanders in their fishing for herring up­on the Northcoasts of England did first ob­taine licence of Scar­borough Castle for to doe.

But that which is most materiall to the Soveraigne command, and proprietie of our King in this point of fishing, espe­cially appeareth in that all Neighbour Princes have by trea­tie [Page 74] obtained licence for their Subjects to fish in our seas. As in truce, and abstinence of war agreed betweene Hen­ry the fourth, and the French, to the intent the Fishermen might fish in all parts, the King sent forth his Letters, as follow­eth.

Le Roy au toutz nous Admiralls & a fin qu'en cest present herringinson les poissonniers de l'un pertie, & de l'auter pu­issoint peshenre plus seu­rement in le mere les Herrings, & touts autres [Page 75] poissons entre le ha­ven de Scarborough, & de fin de pays de Flanders verle East & dillonques sur le coast de Angleterre insanes an haven de Southampton & sur le coast du Roy­anne de Frence de le dit fin de tout le dit pays de Flanders nisques a riviere de Sound, sc. voulomus & avomus ordonne & oustre or­donnomus ottryons per ses presents; Que touts les poissonniers de la dite partie de France poissoynt pesher seure­ment les herrens & toutz autres pessons [Page 76] durant cest herringnison & nisques an primer jour de Januarie pro­chainment a vener & denis & entre les bounds dessus limi­tes.

The like liberty was granted by treaty be­tween Henry the sixt and the Dutchesse of Burgundy to those of Brabant, and Flanders, witnessed by the Re­cord following.

Rex omnibus ad quos, &c. Inspeximus quas­dam continuationem, prorogationem, & elar­gationem [Page 77] nuper facta super facto intercur sus, & commutationis Mer­chandiz & Piscariae maris & aliarum rerum necessarium ad utilitatem communem nostrorum regni Angliae dominii & Hiberniae et villae Caliciae ex una parte, et Ducatus Comitatus patriae Bra­bantiae, Flandriae, et Dominii villae Machlinae ex altera parte. Amongst other Articles this is one.

Item et touts pecheurs tam de Angleterre Ire­land, et Calais peace­ablement aller partont sur le mer pur pischer et [Page 78] gaigner leur venvre fans impeachment on distur­ber de l'vne partie on de l'auter.

So in a Truce to en­dure for thirty yeares between the King of England and his heires on the one party, and the Duke of Burgundy and his heires on the other part. One Article is.

Item et touts pecheurs tam D'angleter quam d'Ireland et de Calais sicome de pais de Mon Sur le Duke quelqueles soyent purront peaceable­ment aller par tout sur le mer pur pescher, et [Page 79] sans [...] lour so it be saigne sur ceo requirer ou obti­tiner asc licence conge ou sau [...] conduict, etc.

The like in a truce,Franc. 8. E. 4. and abstinence of War, to endure the space of thirty yeares betweene Edward the fourth and his heires on the one part, and Francis Duke of Brittaine on the o­ther part, where one Article is.

Item et touts, pesche­urs tam D'angleter' si­come du dit pais et Du­che de Britaigne quel­queles soyent purront peaceablement aller par tout sur mer pur pescher, et [Page 80] gaigner lour unture, sans impeachment ou distur­ber delv'ne partie au de la'uter, et sans ceo lour soit besaigne sur ceo re­quirer sans conduct.

Moreover, Philip the second, King of Spaine, in the first yeare of Queen Mary obtained license for his subjects to fish upon the North coast of Ireland for the terme of one and twen­ty yeares, paying year­ly for the same a thou­sand pound, which was accordingly brought into the Exchequer of Ireland, and received [Page 81] of Sir Henry Fitton, be­ing then Treasurer there, as his sonne Sir Edward Fitton hath often testified.

To conclude this point; It is notorious, that at this day the King of France (as o­thers of his predeces­sors have done) by the speciall license of the King of England, fisheth upon our Coasts neare Rye, with a set, and li­mited number of small boates, and that onely for provision of his own houshold, being tyed to observe the Orders and Lawes of [Page 82] his owne Fishermen; for breach whereof divers of his Subjects of late years have been taken and imprisoned in Dover Castle, and els­where.

Nor doth the King of England in these particulars claime, or use any exorbitant Ju­risdictions, and diffe­ring from that of other States and Princes in like case, who general­ly give Aliens lawes to passe or fish in the seas coasting upon their Territories. And also impose Taxes and Tri­butes for their owne [Page 83] profit and commodi­ty.

The Emperour of Russia compelleth all Fishermen within the Seas, though it be ma­ny Leagues from the Maine to pay him Tri­bute.

In Scotland and o­ther Islands under the King of Swede they are enforced to pay Taxes.

The King of Den­marke at his Ward­house in the Sound, hath for a Licence a Doller, and for the Seale or Rose, a Noble of every Ship, and for [Page 84] every last of Herrings, being 12 barrels, a Dol­ler.

The Duke of Medina Sidonia in Spaine, hath his greatest revenues out of the Taxes layed upon Fishermen for their fishing in Tour­ney.

All Princes of Italy bordering upon the Seas receive a propor­tion of like benefit.

And the Hollanders themselves impose tax­es on the fishes taken by their owne Fisher­men in our Seas.

Now for the King of Englands Soveraignty [Page 85] in opening and stop­ping the passage of his Seas, the presidents of ancient times imbarg­ing, and staying, not onely Pyrates or Ene­mies, but friends also that were suspected to trade with Enemies, or had done particular wrong to the English subjects, or upon some other urgent occasion, or reason of State, are so frequent in Record of Story, that the transcribing and rea­ding of a thing so ge­nerally known, would certainly bee esteemed losse of time & labour.

[Page 86] I remember those of Hamborough, and other Easterlings (though in amitie with us) in the late raigne of Queene Elizabeth of famous memory, were not­withstanding stayed from passing through our Seas towards Spain, and good prize made of all other Nations that attempted to doe the like without li­cense first had and ob­tained from hence.

I will therefore only note by the way to this purpose, that strangers being to passe through our Seas either in [Page 87] coming to us, or going to any other place without so much as touching upon any of the King of Englands Countries, have used to take safe conducts, and licenses of our Kings to secure them, and protect them in their passage, thereby acknowledging the right of their superio­tie in this behalfe in the Seas. Of which sort amongst many, the recitall of these two shall suffice.France. 11. H. 4. de salvo con­ductu.

Rex per literas suas patentes per triennium duraturas suscepit in [Page 88] salvum, & securum con­ductum suum, ac in pro­tectionem, tuitionem & defensionem suas specia­les Edw. Sygal et Opici­num Lomeline de Jean Mercatores cum bonis, & Merchandizis suis in quibusdam Bargis, Cara­kis, sive navibus in par­tibus Janus carcatis, & alibi carcandis, ab iisdem partibus in Regnum, Do­minum et potestatem nostra veniendam, et exinde ad partes suas proprias tam per terram quam per mare trans­eundo, et redeundo.

This was granted to certaine Merchants [Page 89] comming with their Shippes, and goods out of Italy into Eng­land.

That which follow­eth was to those which passed the Seas as well to other places, ubicun­que placuerit, as this kingdome.Rot. Fran. 38 H. 6. de salvo con­ductu.

Rex per literas suas patentes de gratia sua speciali suscepit in sal­vum & securum condu­ctum suum, ac in prote­ctionem, tuitionem, & defensionem suas specia­les Robertum Forre­ster, Rogerum de Clerk, Leonardum Blanch, & Johannem de Conwil­lis, [Page 90] Mercatores de Nor­mania, et eorum quem­libet, ac factores, Attor­natos, et servientes suos et quemlibet eorum in regnum Regis Angliae, ac alia Dominia, Jurisdicti­ones et territoria Regis Angliae quaecunque vel a­libi ubicunque eis placu­erit cum una nave voca­tale grace de Dieu de Roven, portage 90. Doliorum, vel infra unde Johannes de Bognas, Nundinas de Basher, Martinus Hunday, Jo­hannes de Blanch, Jo­hannes Massey, vel Wilielmus Emry, est Magister Quibusdam bo­nis [Page 91] vel Merchandizis carcatae et cum 20. Ma­rinariis, et uno pagetto vel infra pro gubernatio­ne ejusdem Navis, nec non pro rebus, herne siis et aliis armaturis quibus­cunque pro corporibus corum; et pro defensione ejusdem navis necessa­riis et defensibilibus, se­cum habendis, et feren­dic.

It remaineth to shew that by reason of this prerogative and sove­raigntie all manner of wrecks, and royall fishes taken in our seas, are due unto the King of England onely, or [Page 92] unto such unto whom by special charters they have granted the same.

For manifestation hereof, although the known and continued practise might suffice, we are to take notice, that by the fundamen­tall Laws of this King­dome, the King shall have wreack of the sea, all Whales and Stur­gions taken therein with Porpoyces, and other royall fishes: And for declaration of this Law, the Statute made 17 Edw. 2. con­cerning the Kings pre­rogative, saith.

[Page 93] Item Rex habebit wreccum maris per totum regnum Balenas,Stat. de Praerog. 17. E. 2. cap. 11. et Stur­giones captas in mare, vel alibi infra regnum, exceptis quibusdam pri­vilegiatis locis per Re­gem.

So likewise Porpoy­ces are adjudged to belong unto the King, unlesse any man can claime the same by Charter, or Prescrip­tion, and accordingly in ancient Charters granted by our Kings to particular places and persons, and a­mong other liberties, wreccum maris is usually [Page 94] passed by special words arguing the Kings so­veraigne right, and power to dispose there­of at his pleasure, by vertue whereof Wreck at this day is taken and enjoyed by many, as well Towns and Cor­porations as private men.

But for cleare proofe of the right, and pra­ctise of this Soveraign­ty, the Record follow­ing is very remark­able, and not to be o­mitted.

In a plea betweene Peter de St. Cleere the Abbat of Cherbourgh. [Page 95] and Godfery de Carteret Attorney for the Pri­or (the name of the Monasterie is worne out of the Record) concerning 2 Tuns of Wine found by certain Marriners in alto Mari, Rot. de St. Cleere, Iohan. de Frosing­field & al. Justici­ar inhabit: Insulis Gersey & Gernsey, &c. anno 2 Ed. 3. and by them brought to land through certain places, where the said parties claimed to have liberty of wreck. After long debate, and full hearing of the case re­cited at length in the Record, the conclusion and judgement is as followeth.

Et Willielmus de Marciis qui sequitur pro [Page 96] Domino Rege dicit quod nullus eorum petere po­test praedicta vina et wreccum, quia dicit quod ea tantummodo sunt wreccum, quae fluctus Maris projiciunt ad ter­ram, vel infra portum, vel tam prope terrm quod astantihus in terra possint perpendi, et sic ducantur, vel trahentur ad portum, et ea, quae reperta sunt in alto Mari unde wreccum non ex­istit, quod fluctus Maris ea vellent projicere, sed per laborem Marrinario­rum leventur à Mari, et ponantur in Navi, vel batello, et sic invasi du­cantur [Page 97] ad terram et non tangunt terram alicujus per trahimitronem nec alio quovismodo, non pos­sunt [...] sed sunt tantummodo de adventu­ris maris, de quibus nullus potest aliquid cla­mare nisi salvatores, [...] et Dominus Rex concessit libertatem percipiendi hujusmodi adventuras. Et petit judicium pro Domino Rege. Et prae­dictus Petrus, et alii non possunt hoc dedicere. Et ideo consideratum est quod praedicta vina re­maneant Domino Regi (salva salvatoribus parte sua) et Petrus, et alii [Page 98] in misericordia pro falso clamore. Postea unum de praedictis doliis con­cessum fuit praedicto priori pro LXs. de parte sua et de XXs. residuis respondet Domino Re­gi.

Whence wee are to observe, that all fin­dings, or things floating in alto Mari, and con­sequently the maine Sea, or Channell it self, belongeth to the King, of which those that finde the same are to have two parts of three for their share, in respect of their paines, and the other third [Page 99] part is due to the King.

For conclusion of that which hath been shewed already, I have thought fit to adde such presidents out of the municipall, and common Lawes of the kingdome, marshalled together in one body, or classis, as do affirme this, the King of Eng­lands Prerogative, and supreame Jurisdiction in, and over the Seas, which being severally applyed to such heads as are formerly set downe will evidently evict the truth thereof.

[Page 100] Bracton in his booke de acquirendo rerum dominio saith. Bracton de acqui­rendo rerum do minio lib. 2. fo. 19. Si autem insula in mari nata est (quod raro accidit) oc­cupantis sit & per con­sequens Regis propter suum privi legium.

The same Bracton affirmeth that one of the Articles to bee en­quired before the Justices & Merchants was, de purpresturis factis super dominum Regem sive in mari &c. 6 R. 2.

6. R. 2. upon an acti­on of debt, the defen­dant sued forth a protection. At which [Page 101] time Justice Belknapp tooke exception say­ing, the protection is, quia profecturus est su­per mare with G. K. Ad mirall; and you never saw protection allow­ed of, if the partie did not goe out of the le­giance of the King of England in the parts of Scotland, Gascoignie, or France. But the Sea is of the legeance of the King of his Crowne of England, wherefore it seemeth the pro­tection is allowable,not and you never saw such a protection al­lowed before this day, [Page 102] But afterwards an ex­presse writ came out of the Chauncerie, commanding the pro­tection to be allowed.

A child borne upon the Kings Seas is not an Alien by the com­mon law.

Tempore Edw. 1. a replevin was brought of a Ship taken upon the wast of Scarbo­rough on the sea, and from thence carried into the Countie of Norfolke, to which Mutford tooke two ex­ceptions, one because no certaine Towne, or place was named from [Page 103] whence the visne should come; for the wast extendeth foure leagues. Secondly be­cause of a thing done upon the Sea, this Court cannot have cognizance. To which Justice Beresford said that the king will that peace be kept as well upon the Sea, as up­on the land; and we finde that you are come in upon due pro­ces, and so no cause but that you should make answer.

Doctor and Student saith, that the king is Lord of the narrow [Page 104] Seas, as bound to scowre the sea of Pi­rates, and petty Rob­bers, and therefore shall have wreck of the sea.

By the common Law the King shall have Flostan, Jestan, and Li­gan.

Flostan being such Goods as after ship­wrack doe floate upon the superficies of the water.

Jestan are all manner of goods that the Mar­riners being in danger do cast out of the ship perished.

By Ligan is under­stood [Page 105] all things that are ponderous, and in shipwrack doe sinke to the ground and bot­tome of the sea.

By all which presi­dents it is manifest that by the common Law of the land the king is proprietory Lord of our seas; that the seas of England are under the legeance of the king, that the king is the soveraigne conser­vator of the peace as well upon the sea as land, That not onely things floating on the superficies of the water but such as lye upon [Page 106] the soile or ground thereof, belong pro­perly unto the king, whereupon I conclude, That Rex Maris imperio Dominio et fundo possi­det.

And that it may ap­peare how great a King the King of England is by reason of this his soveraignty and domi­nion, it will not bee amisse to take a view of the inestimable rich­es and commodities, which (besides our­selves) other nations our neighbours doe daily reape especially by fishing in our seas, [Page 107] insomuch that no Chri­stian Prince of the world is Lord of any Territory, that (con­sidering all circumstan­ces) yeeldeth the like constant, and generall benefit; for proofe whereof I will briefly set downe such obser­vations as others have heretofore made, and we our selves find by daily experience to be true beyond all ex­ception.

The inestimable Ri­ches and Commo­dities of the Brit­tish Seas.

THE Coasts of Great Brittaine doe yeeld such a con­tinuall Sea-harvest of gaine, and benefit to all those that with dili­gence doe labour in the same, that no time or season in the yeare passeth in the yeare passeth away without some apparent meanes of profitable imploy­ment, especially to such as apply themselves [Page 109] to fishing, which from the beginning of the yeare unto the latter end, continueth upon some part, or other upon our Coasts, and therein such infinite shoales and multitudes of fishes are offered to the takers as may justly move admiration, not only to strangers but to those that daily bee imployed amongst them.

The Summer fish­ing for herring begin­eth about Midsommer and lasteth some part of August.

The winter fishing [Page 110] for herring lasteth from September to the midst of November, both which extend in place from Boughones in Scot­land to the Thames mouth.

The fishing for Cod at Alamby Wirlington, and White haven neare the coast of Lancashire from Easter untill Whitsontide

The fishing for Hake at Aberdeny, Abveswhich and other places be­tweene Wales, and Ire­land from Whitson­tide to Saint Iames tide.

The fishing of Cod, [Page 111] and Ling about Pad­stow within the land, and of Severne from Christmas to Midlent.

The fishing for Cod on the West part of Ireland frequented by those of Biscay, Gali­cia, and Portugall from the beginning of Aprill untill the end of Iune.

The fishing for Cod, and Linge on the North, and Northeast of Ireland, from Christ­mas untill Michealmas.

The fishing for Pil­chers on the west coast of England from St. Iames tide untill Mi­chaelmas.

[Page 112] The fishing for Cod, and Ling upon the Northeast of Eng­land from Easter untill Midsommer.

The fishing of great Staple Ling and many other sorts of fish lying about the Ilands of Scotland, and in the severall parts of the Brittish Seas all the yeare long.

In September, not many yeares since up­on the Coast of De­vonshire neare Mini­gall 500 Tonne of fish were taken in one day. And about the same time three thousand [Page 113] pound worth of fish in one day were taken at St Ives in Cornew all by small boates, and o­ther poore provisions.

Our five-men-boats, and cobles adventu­ring in a calme to launch out amongst the Holland Busses not far from Robin-hoods Bay returned to Whit­by full fraught with herrings, and reported that they saw some of those Busses take 10. 20. 24. lasts at a draught of herrings and returned into their owne Country with 40. 50. and 100. [Page 114] lasts of herrings in one Busse.

Our Fleete of colli­ers not many yeares since returning from Newcastle laden with coales about the well, neare Flanbo­rough head, and Scar­borough, met with such multitudes of Cod, Ling, and herring, that one amongst the rest with certaine ship­hookes, and other like Instruments drew up as much cod, and Ling in a little space of time, as were sold well neare for as much as her whole lading of [Page 115] coale. And many hun­dred of ships might have bin there laden in two daies and two nights.

Out of which won­derfull affluence, and abundance of fish swar­ming in our seas, that wee may the better pereceive the infinite gaine which forraine Nations make, I will especially insist upon the fishing of the Hol­landers in our Coasts, and thereby shew how by this meanes prin­cipally they have in­creased.

  • 1. In Shipping.
  • 2. In Marriners.
  • 3. In Trade.
  • 4. In Townes and Fortifications.
  • 5. In Power externe or abroade.
  • 6. In publique Re­venue.
  • 7. In private wealth.
  • 8. In all manner of [Page 117] Provisions, and store of things ne­cessary.

1.
Encrease of Ship­ping.

BEsides 700. Strand boates, 400. Evars, and 400. Sullits, Dri­vers and Todboates, wherewith the Hollan­ders fish upon their owne coasts, every one of those imploying a­nother ship to fetch salt, and carry their fish into other coun­tries, being in all 3000. [Page 118] saile, maintaining and setting on worke at least 4000. persons, Fishers, Tradesmen, Women, and Chil­dren. They have 100. Doyer boates of 150. Tunnes a peece, or there abouts. 700. Pincks and Well-boats from 60. to 100. Tuns a peece, which alto­gether fish upon the coasts of England and Scotland for Cod, and Ling onely. And each of these employ ano­ther vessell for provi­ding of salt, and trans­porting of their Fish, making in all 1600. [Page 119] ships, which maintain and imploy persons of all sorts, 4000. at least.

For the Herring season they have 1600. Bus­ses at the least, all of them fishing onely up­on our coasts, from Boughonnesse in Scotland to the mouth of Thames. And every one of these maketh work for three other shippes that attend her; the one to bring in salt from forraigne parts, another to carry the sayd salt, and cask to the busses, and to bring back their her­rings, [Page 120] and the third to transport the sayd fish into forraigne coun­tries. So that the totall number of ships and busses plying the her­ring Faire is 6400. whereby every busse, one with another, im­ployeth 40. men, Mar­riners and Fishers within her own hold, and the rest tenne men a peece, which amounteth to 112000. Fishers and Marriners. All which maintaine double, if not treble so many Tradesmen, women and children a land.

[Page 121] Moreover they have 400. other vessels at least, that take Herring at Yarmouth, and there sell them for ready mony: so that the Hollanders (besides 300. ships before men­tioned fishing upon their own shoares) have at least 4800. shippes onely maintained by the seas of Great Brit­taine, by which means principally, Holland being not so bigge as one of our shires of England, containing not above 28. miles in length, and three in breadth, have encrea­sed [Page 122] the number of their shipping to at least 10000. saile, being more then are in England, France, Spaine, Portugall, Italy, Den­marke, Poland, Sweden, and Russia. And to this number they adde eve­ry day; although their country it selfe affords them neither materialls, or victuall, nor merchandize to bee accounted of to­wards their setting forth.

Besides these of Hol­land, Lubeck hath 700. great ships, Hamborough 600. Embden 1400. [Page 123] whereunto adde the ships of Bremer, Biscay, Portugall, Spaine, and France, which for the most part fish in our seas, and it will appear that 10000. saile of forraigne vessels, and above are imployed and maintained by fi­shing upon our coasts. So that in Holland there are built 1000. saile at the least, to supply shipwracks, and aug­ment their store, which as the Prince, and com­mon Nursery, is the chiefest meanes onely to increase their num­ber.

2.
Encrease of Ma rri­ners.

THE number of ships fishing on our coasts as being a­foresayd, 8400. If wee allow but 20. persons to every ship one with a­nother, the totall of Marriners and Fishers amounteth to 168000. out of which number they daily furnish their longer voyages to all parts of the world; for by this meanes they are not onely enabled to brooke the seas, and to [Page 125] know the use of the tackles, and compasse, but are like wise in­structed in the princi­ples of Navigation, and Pylotage, inso­much as from hence their greatest Navi­gators have had their education, and bree­ding.

3.
Encrease of Trade.

BY reason of those multitude of Ships and Marriners they have extended their trade to all parts of the world, exporting for the most part in all [Page 126] their voyages our her­ring, and other fish for the maintenance of the same. In exchange whereof they returne the severall commo­dities of other Coun­tries.

From the Southern parts, as France, Spaine, and Portugall for our herrings they returne Oyles, Wines, Pruynes, Honey, Woolles &c. with store of coine in Specie.

From the Straights, Velvets, Sattins, and all sorts of Silks, Al­lomes, Currans, Oyles, and all Grocerie ware, [Page 127] with much money.

From the East Coun­tries for our herrings, and other French, and Italian commodities before returned, they bring home corne, Wax, Flax, hempe, Pitch, Tarre, Sope-ash­es, Iron, copper, Steele, clapboard, Wainscot, Timber, Deale board, Dollers, and Hungarie Gilders.

From Germanie for herrings, and other salt fish, Iron, Steele, Glasse, Milstones, Rhenish wines, But­ton-plate for Armour, with other Munition, [Page 128] Silkes, Velvets, Rashes, Fustians, Baratees, and such like Frank'ford commodities, with store of Rix dollers.

From Brabant they returne for the most part ready money with some Tapestries, and Hullshop. Yea some of our herring are carried as far as Braseile.

And that which is more strange & great­ly to our shame, they have foure hun­dred ships with fish, which our men of Yarmouth within ken almost of land, doe [Page 129] vent our herrings a­mongst us here in Eng­land, and make us pay for the fish taken up­on on our owne coast rea­dy money, wherewith they store their owne country.

4.
Encrease of Townes and Fortes.

BY this their large extent of trade they are become as it were citizens of the whole world, where­by they have so enlar­ged their Townes, [Page 130] that most of them within these foure hundred yeares are full as great againe as they were before; Am­sterdam, Leyden, and Midleburgh having bin lately twice enlarged, and their streetes, and buildings so faire, and orderly set forth that for beauty, & strength they may compare with any other in the world, upon which they bestow infinite summes of money, (all originally flowing from the bountie of the sea, from whence by their labour and in­dustry [Page 131] they derive the beginning of all that wealth and great­nesse,) and particular­ly for the havens of the aforesaid townes, whereof some of them cost 40. 50. or 100000 l. Their fortifications also both for number, and strength, upon which they have be­stowed infinite sums of money, may com­pare with any other whatsoever.

5.
Encrease of power abroad.

SUch being then the number of the ships, and Marriners, and so great their trade, occa­sioned principally by their fishing; they have not onely strengthned, and fortified them­selves at home to re­pell all forraigne Inva­sions, as lately in the warre betweene them, and Spaine, but have likewise stretched their power into the East, and West Indies [Page 133] in many places where­of they are Lords of the sea coasts, and have likewise fortified up­on the maine, where the Kings, and people are at their devotion. And more then this all neighbour Princes in their differences by reason of this their power at Sea, are glad to have them of their partie. So that next to the English they are now become the most redoubted Nation at Sea of any other what­soever.

7.
Encrease of publique revenew.

MOreover how mighty the pub­lique revenew, and customes of that state are increased by their fishing, may appeare in that above thirtie yeares since, over and above the customes of other Merchandise, ex­cises, Licences, Waf­tage, and Lastage, there was payed to the State for custome of her­ring and other salt fish above 300000 [Page 135] pound in one yeare, besides the tenth fish, and Caske, payed for waftage, which com­eth at the least to as much more among the Hollanders onely, whereunto the tenth of other Nations be­ing added it amoun­teth to a far greater summe.

Wee are likewise to know that great part of their fish is sold in other Countries for ready money for which they commonly export of the finest gold, and silver, and coming home recoyne it of a [Page 136] baser allay under their owne stampe, which is not a small meanes to augment their pub­lique treasure.

7.
Encrease of private wealth.

AS touching their private wealth if wee consider the a­bundant store of her­rings, and other fish by them taken, and the usuall prices that they are sold for, as also the multitude of trades­men and Artizans, that by reason of this [Page 137] their fishing are daily set on worke, wee must needs conclude that the gaine thereof made by private men must of necessity be ex­ceeding great, as by observing the particu­lars following will plainly appeare.

During the wars betweene the King of Spaine, and the Hol­landers before the last truce, Dunkirke by ta­king, spoiling, and burning the Busses of Holland, and setting great ransome upon their fishermen, en­forced them to com­pound [Page 138] for great summs that they might fish quietly for one yeare, whereupon the next yeare after the fisher­men agreed amongst themselves to pay a dollar upon every last of herrings, towards the maintenance of certaine ships of warre to waft and secure them in their fishing, by reason whereof there was a record kept of the severall lasts of herrings taken that yeare, and it ap­peared thereby that in one halfe yeare there were taken 30000 [Page 139] lasts of herrings which at twelve pound per last amounteth to 3600000. and at 16. 20. 30 pound the last they are ordi­narily sold; then tran­sported into other Countries it cometh at least to 5000000 l. Wherunto if wee adde the herrings taken by other Nations, toge­ther with the codd, Ling, Hake and the fish taken by the Hol­landers and other our neighbours upon the Brittish Coasts all the year long the total will evidently arise to be a­bove [Page 140] 10000000 l.

The great trade of fishing imploying so many men, and Ships, at Sea must likewise necessarily maintaine as great a number of tradesmen, and Arti­zans on land, as Spin­ners, and Hempwin­ders for cables, Cor­dage, Yarne-twine for netts, and lines, Wea­vers to make saile cloathes, cecive Pack­ers, Tollers, Dressers, and Cowchers to sort, and make the herring lawfull merchandize, Tanners to tanne their Sailes, and netts, Coo­pers [Page 141] to make caske, Block, and Bowle-ma­kers for shippes, keele­men, and Labourers for carrying, and re­moving their fish, Saw­yers for plankes, car­penters, Shipwrights, Smithes, car-men, Boatemen, Brewers, bakers, and a num­ber of others, whereof many are maimed per­sons and unfit to be o­therwise imployed. besides the mainte­nance of all their seve­rall wives, and chil­dren and families. And further every man and maidservant, or Or­phant [Page 142] having any poore stock, may ven­ture the same in their fishing voyages which affords them ordinari­ly great increase, and is duly payed accor­ding to the proportion of their gaine.

8.
Encrease of provi­sion.

ANd to conclude it is manifest that Holland only af­fording in it selfe some few hops, Mad­ders, butter and cheese, aboundeth notwith­standing [Page 143] (by reason of this Art of fishing) in plentifull manner with all kind of pro­visions as well for life, as in corne, Beefe, Muttons, Hides, and Cloathes, as for luxu­rie, in wines, silkes, and spices, and for defence, as in pitch, tarr, Cor­dage, timber. All which they have not only in competent proportion for their use, but are likewise able from their seve­rall Magazines to sup­ply their neighbour countries.

The premises con­sidered, [Page 144] it maketh much to the igno­minie, and shame of our English Nation, that God and Nature offering us so great a treasure even at our owne doores wee doe notwithstanding neg­lect the benefit ther­of, and, by paying money to strangers for the fish of our owne Seas, impoverish our selves to make them rich. Insomuch that for want of in­dustry, and care in this particular 225. fisher townes are de­cayed and reduced [Page 145] to extreame poverty whereas on the con­trary by diligent en­deavouring to make use of so great a bless­ing we might in short time repaire these de­caied townes of the Kingdome, and adde both honour, strength, and riches to our King, and Country, which how easily it may be done will ap­peare by some few observations follow­ing.

By erecting two hun­dred and fifty Busses of reasonable strength, and bignesse, there will [Page 146] be imployment made for 1000 Ships, and for at least 10000 fish­er men, and Marriners at Sea, and conse­quently for as many tradesmen, and labou­rers at land.

The herrings taken by the Busses will afford his Majesty 200000 l. yearely custome out­ward, and for com­modities returned in­ward 30000 l. and above.

Wee have timber sufficient, and at rea­sonable rates growing in our owne Kingdome for the building of [Page 147] Busses, every Shire af­fordeth hardy and able men fit for such im­ployment who now live poorely, and idle at home.

Wee have victualls in great plenty sold at easie rates without payment of excises, or Impost.

Our shores, and har­bours are neare the places where the fish doe haunt.

For drinke, or nets, salting, and packing our fish, and for suc­cour in stresse of wea­ther, wee may bring our fish to land, salt [Page 148] and pack it, and from some parts of his Ma­jesties Dominions bee at our markets in France, Spaine, or Ita­ly before the Hollan­ders can arrive in Hol­land.

Wee have meanes to transport our fish into some Northerne Countries where the Hollanders seldome or never come. And though wee had as many Busses as the Hollanders, yet is there vent for all, or more, for in the East and Northerne Countries, and in many other pla­ces, [Page 149] herrings are every daies meat, winter and summer as well to draw on drinke, as to satisfie hunger, and in most places the grea­test part of the yeare they be scarce to be had, for presently af­ter Michaelmas the Sound and rivers are frozen up so as no her­rings can be trans­ported into twenty se­verall Kingdomes, and free States, untill Iuly which is for thirtie weekes space together, so that when Lent comes there are few to be bought for mo­ney.

[Page 150] Lastly, since by care and industry wee gai­ned from the Flem­mings, doubtlesse so by the meanes wee may as easily grow expert in the Art of Fishing, and in time make it a staple com­modity of our owne.

But this wee shall the better and soo­ner doe, if wee consi­der, and endeavour to reforme certain wants and abuses which hi­therto have hindred us from effecting that good, and great work, whereof these that fol­low [Page 151] are none of the least.

1. Generall liberty of eating flesh con­trary to old custome, and the Statute Lawes provided for obser­ving Fish dayes, from whence our scarcitie and dearth of fish pro­ceedeth; for where flesh is ordinarily spent fish will not be bought, and want of sale de­cayeth all trade, gaine being the nurse of In­dustry.

2. Want of order and discretion in our fish­ing, [Page 152] every man being left to himselfe, and permitted to fish as best liketh him: where­as amongst the Hollan­ders two of the best experienced Fisher­men are appointed to guide the rest of the fleete, all others being bound to follow them, and to cast their lines according to their di­rection.

3. The Hollanders and other Nations set forth with their Busses in Iune to finde the shoale of fish, & having found it, dwell amongst it [Page 153] till November, whereas we stay till the Herring come home to our roade steads, and some­times suffer them to passe by ere wee looke out, our Herring fish­ing containing onely seven weekes at the most, and theirs twen­tie.

4. The Hollanders Busses are great and strong, and able to brooke foule weather, whereas our Cobles, Crayers and Boates be­ing small, and thinne sided, are easily swal­lowed by a rough [Page 154] Sea, not daring to ad­venture far in faire weather by reason of their weaknesse for feare of stormes.

5. The Hollanders are industrious, and no sooner are discharged of toding, but present­ly put forth for more, and seeke for Markets abroad as well as at home; wheras our En­glish after they had bin once at Sea, doe com­monly never returne againe untill all the money taken for their fish be spent, and they in debt, seeking only to [Page 155] serve the next Mar­ket.

6. The Hollanders have certaine Merchants who during the her­ring season doe onely come to the places where the Busses ar­rive, and joyning to­gether in severall com­panies, doe presently agree for the lading of 30. or 40. Busses at once, and so being dis­charged they may spee­dily returne to their former shipping; wher­as our fishermen are uncertaine of their chapmen, and forced [Page 156] to spend much time in putting off their fish by parcells.

These and other de­fects would carefully be taken into conside­ration, and certaine or­ders made to make our fishing prosperous, and and successefull, espe­cially considering the carefull mischiefes the neglect hereof hath brought to the King, and Kingdome in ge­nerall, and to many good townes, and Corporations in par­ticular, as by authority even of Parliament it selfe in the Statute of [Page 157] 33. Hen. the eight, is plainly testified, which I have summarily here set downe to avoid the prolixitie of the o­riginall.

Because the English fisher-men dwelling on the Sea coasts did leave off their trade of fishing in our Seas and went the halfe Seas o­ver, and there upon the Seas did buy fish of Pickards, Flemmings, Normans, and Zelan­ders, by reason where­of many incommodi­ties did grow to the Realme, viz. the [Page 158] decay of the wealth and prosperitie as well of the Cinque Ports, and Members of the same, as of other coast townes by the Sea side, which were buil­ded, and inhabited by great multitudes of people, by rea­son of using and exercising the craft and feate of fishing. Se­condly the decay of a great number of boats, and Ships. And third­ly the decay of many good Marriners both able in bodie by their diligence, labour, and [Page 159] continuall exercise of fishing, and expert by reason thereof in the knowledge of the Sea­coasts, as well within this Realme as in other parts beyond the Seas. It was therefore en­acted that no manner of persons English, De­nizens, or strangers at that time, or any time after dwelling in Eng­land, should buy any fish of any strangers in the said Ports of Flan­ders, Zeland, Picardy, France, or upon the Sea betweene shore and shore &c.

[Page 160] This act by many continuances was con­tinued from Parlia­ment to Parliament untill the first of Queene Marie, 1. Mar. ca. 14. and from thence to the end of the next Parlia­ment and then expi­red.

For conclusion seeing by that which hath formerly bin declared it evidently appeareth that the Kings of En­gland by immemora­ble prescription, con­tinuall usage, and pos­session, the acknow­ledgment [Page 161] of all our neighbour States, and the municipall lawes of the Kingdome, have ever held the Soveraigne Lordship of the Seas of England, and that unto his Ma­jestie, by reason of his Soveraigntie the su­preame command and Jurisdiction over the passage, and fishing in the same rightfully ap­pertaineth, considering also the naturall scite of those our Seas that interpose themselves betweene the great Northerne commerce [Page 162] of that of the whole world, and that of the East, West, and Sou­therne Clymates, and withall the infinite commodities that by fishing in the same is daily made. It cannot be doubted but his Majesty by means of his owne excellent wisdome, and vertue, and by the Industry of his faithfull Sub­jects and people, may easily without Inju­stice to any Prince or person whatsoever be made the greatest Mo­narch for Command [Page 163] and Wealth, and his people the most opu­lent and flourishing Nation of any other in the world. And this the rather, for that his Majesty is now absolute Commander of the Brittish Isle, and hath also enlar­ged his Dominions over a great part of the Westerne Indies; by meanes of which extent of Empire, (crossing in a man­ner the whole Ocean) the trade, and per­sons of all Nations (moving from one [Page 164] part of the World to the other) must of necessitie, first, or last, come with­in compasse of his power, and jurisdicti­on.

And therefore the Soveraignty of our Seas being the most precious Jewell of his Majesties Crowne, and (next under God) the principall meanes of our Wealth and Safetie, all true En­glish hearts and hands are bound by all pos­sible meanes and di­iligence [Page 165] to preserve and maintaine the same, even with the uttermost hazzard of their lives, their goods, and for­tunes.

FINIS.

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