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.
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.
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.