Venice.

WE begin first with that ancient and rich State of Venice, sci­tuated in the Adriatique Gulph, commonly called the gulph of Venice of which Zan Nazarius in lib. 1. Epi­gram sayes,

That is,

It cannot he denyed sayes a good Writer, but that of Ancient time, the Venetians and their Seigniorie have been possessors and Lords of their Gulph, and there­fore the Venetians by an undoubted right may just­ly forbid the Genoeses and any others from coming upon, or sailing through their Gulph. Angelus de Ʋ ­baldis. de jur. Fisci. lib. 8. §. 14.

There wants not suffici­ent examples to shew how other Princes and Poten­tates have asked leave of this State to passe and re­passe their seas: which they have sometimes granted to [Page 12]some, and sometimes de­nyed to others.

They granted it to Ralph Earl of Sales Anno 1399. In the name of Ladislaus K. of Naples & W. Arch-duke of Austria to convey the sister of that King espoused to the Arch-Duke out of A­pulia into the Arch-Dukes Territories, yet though they granted it, they made conditions, and some ex­pressions concerning the quality of some persons not to be then transported, as also the bignes and qua­lity of the ships to be con­sidered. Francis. de inge­nuis in Epist. de Venet. jure.

And so Frederick the third though an Emperour did ask leave twice of this State of Venice to carry and transport corn out of Apu­lia through their Gulph.

As also of the Kings of Hungary have petitioned this State of Venice to grant leave for to transport corn through their Gulph. An­ton peregri. de jure fisci. lib. 8. Sect. 19.

So also the Venetians have and do yet make those that come upon the Gulph to pay Custome and Tribute, and that upon default they have power to confiscate such Goods and Merchan­dises, and to impose the [Page 14]Gabel upon them, for they acknowledge none superi­or to themselves, and this is, as the Authour sayes, quia tantam habent jurisdi­ctionem in mari: because of their ample Jurisdiction and power they have in the sea, especially the Gulph, Bartho. Caepola. cap. 26.

So another, tis to be con­cluded (sayes he) that all fishing and whatsoever be­longs unto it, in the Adria­tick sea doth of right ap­pertain to the State of Ve­nice, and consequently, that State hath sole, and abso­lute power, either to per­mit, or forbid any; to im­pose, [Page 15]heighten or lessen the Gabel upon all sorts of fish­ers, Anton. peregrin. de jure fisci. lib. 10. §. 18.

And a great Civil Lawyer even an Adversary to that Common-wealth, for (he was of Naples) yet confes­ses plainly that the Veneti­ans for certain have the Rule and Dominion of their Gulph, and proporti­ons how far it reacheth al­so. Julius pacius Marta.

And Plavius Blondus af­firmes that the Venetians have had alwayes power to proportion Custome, to such who saile on their Gulph. And for this pur­pose to prevent all fraud [Page 16]and deceit, they appoint­ed a State Officer and fur­nished him with sufficient Barks and Vessels to de­mand it, and to sail from shore to shore, and from port to port by night and day to see it effected accor­dingly. Decad 2. l. 8.

Of the Spanish and Portugalls Dominion.

FOr the Portugals, as they have been great Merchants on the South and Eastern Seas, so they alwayes provided to keep up their Customes concer­ning their priviledges on their seas. What can be meant else by their inflict­ing death on such as shall offend, & cōfiscation of all their Goods beside, witnes that Edict and strict Ordi­nance published, which runs in these words, who­ever [Page 18]shall come into our Coasts, Lands, or Regions; especially those of Gumy & India, or into those Seas, or into any other Seas under our subjection; either for Commerce, Trading, Na­vigation; or, who shall come with Arms and Am­munition to fight without out leave, licence, and au­thority first had and obtai­ned, shall for so doing and attempting, loose his, or their heads, and suffer con­fiscation of all his, or their goods: and though there have been, and yet are some who have questioned and scrupled at the large ex­tent of the Portugals power [Page 19]upon the South-seas, and those of India, as usurped; yet they still hold them, and will uphold their sea­customs and priviledges, as well knowing the riches, safety, and benefit of them.

And to the Defending their jurisdiction on the Seas, they give power to their Admiral to search and finde out such as shall any where resist, and to scoure their seas; and if they finde any offending, or denying obedience, to force them to it, and call them to triall if taken: Jacob. Valdesius quin­to lib. de ordinacones tit. 112.

Next, let us search what the Spanyards hold con­cerning [Page 20]their Right and Jurisdiction on their Seas. Gregorius Lopez. partid. 3. tit. 28. lib. 11. The Prince saith he, by his power may give Liberty or Licence to fish in some part of his Sea; but without leave, twas dangerous and fearfull: And another Writer sayes, the Dominion of the Sea, belongs to him or them, on whose Borders it lies. Gar­cias Hisp. lib. de expen. Cap. 21. num. 24.

But more remarkable is that title given to the King of Spain, stiling him the King of the Ocean; this is known by that of Charls the fifth, Emperour of Ger­many [Page 21]and King of Spain: In the Preface for the set­ling of publike judgments in his Empire, he is stiled king of the Islands, Canaries and of the India Islands, of the seas, and the main Oce­an and firm Land, Arch-Duke of Austria, &c. and in the Imperial Charters and Decrees in the Ger­main tongue. Konig. up de Insulen Canariae Auch der Insulen Indiarum un terrae firmoe, dess Maers, Oceani, &c. Seldenus in Mare Clau­sum, cap. 17. p. 74.

Of the French.

THere is not any Nati­on who seems so stout to defend their Sea-right as the French; yet they of all others have lest perfor­med it; for during not on­ly the Wars, but the time of the Soveraignty of the Kings of England in that Nation; the French who could not, nor durst fight us at Land, had lesse power and will to affront us at Sea: but yet there want not Testimonials of their Priviledges, used a­gainst such as should in­trench [Page 23]upon them at Sea; and for certain 'tis, though a Nation may for a time be debarred its just Domini­on of the Sea, by an over­powering Sword; yet they will endeavour to recover their Rights, Po­wer, Priviledges and Juris­diction again: To speak therefore of these a little, may we not follow the footsteps of them, who have in part discovered in these particulars the Cu­stoms of the French con­cerning their Seas.

Capitular. 169. Caroli & Ludovici Impp. lib. 4. tit. 5. [Page 24]Concerning those Counts or Earls deputed and in­trusted for the custody of the Sea-coast, and more especially one Rolland, Ad­miral for the Coast of Brit­taigne, in the time of Char­le-maign, is to be seen, that he did then impose Taxes, Tributes, or Customs upon such who traded on their Seas, and put into any of their Ports; and not onely defended the right of their Action, but also added pu­nishment to any that trans­gressed; So also did those of Lyons under their Prince, Alan and others; and if any came in, or departed with­out leave of the Prince, or [Page 25]his Admiral, there was then a publick confiscation of such ship, or ships with their materialls, and if they did suffer shipwrack; that such Merchandise as could be recovered should he pil­lage: but if they had leave to put out to sea, then if any storm arose, or if they did miscarry, yet the goods that could be saved, should belong to the Owner. Ber­trandns in Histor. Brit. mi­nor lib. 1. cap. 13.

And nothing is more certain, then in the League betwixt our Edward the fourth, and Francis Duke of Bretaigne concerning commerce and Trading [Page 26]betwixt them, it is confes­sed, and indeed their own Civil Lawyers attest it that our King at that present was true Lord and Sove­raign of those seas, and this League was to continue for 30 years: and though during the warres betwixt England and France, the English did possesse them­selves not onely of a great part of the land, but also of the Sea, as of those of Pi­cardy, Normandy and Gas­cony, yet the war ending we know they not onely did rule and command those seas, but the French theirs also, & so hold their Jurisdiction and Sove­raignty [Page 27]of them at present, so that what the French could not do being Con­quered, the English did do, being Conquerors.

Nor will we omit those two constitutions or Ordi­nances, the one of Henry the second, the other of Henry the third An. 1555. & 1584. by which 'tis de­creed that all ships of for­reign Nations coming up­on the French coasts, should strike sail to the Kings ships and 'tis said plainly, in Im­perii Marini Gallorum re­cognitionem (that is,) in ac­knowledgement of the French Soveraignty over theit seas.

Of the Danes, Norways, Po­landers, and Turks.

WE have evident and experimentall te­stimony of those Nations, how they hold up their Dominion in the seas, as for the Danes and Norvegi­ans their care in this is so strict, that the very gains that come into their Trea­sury by Impost and Cu­stome, are the greatest of all others, especially when they were inhansed, and advanced as they were by [Page 29] Frederick the second King of Denmark and Norway, towards our English Museo­via Merchants 1583. that he made as much profit by the command of the Sound in the Baltick sea, as he did by all his Land. So that he got so much by the Domi­nion of his seas, that the great Muscovite was glad to come to Composition with him, or else he would as he might have done, in­terdicted and hindred all Trade into, or from Mus­covy.

Their power has been so strict and great, that it does appear in the Ancient Records of Denmark, in [Page 30]the time of Harold Hilde­tane King of Denmark, ne quisquam sine ejus nutu, &c. that none should dare or presume, without his con­sent and good will, usurp, or take any profit on his seas, because as 'tis said, his benefit and power came in, and consisted by the sea, as well as the Land, Selden. in mare clausum p. 80. & Dan. Hist. lib. 7. 'Tis recor­ded how many Princes and Potentates King Olo did subdue and destroy by his power at sea.

And 'tis certain that A­dolphus Gustavus King of Sweden did renounce and disclaim all Right, Domi­nion [Page 31]and superiority of the sea in Norway, Northland, and all other Kingly claims in Wardhuisen which did any way concern sea busi­nesses, and this was in the Reign of King James, Jun. 1613.

And for the Kings of Poland, we have an evi­dent Demonstration of their care to defend, guard and secure their seas, for when Henry the third King of France was elected by the States of Poland, to be their K. his Lords Em­bassadors did promise for him, that when he should enjoy the government of that Kingdome then he [Page 32]should suo sumptu Classem sufficientem, & necessariam sustentare ad tuendos portus & dominium maris, (that is) at his own Charges keep a necessary and sufficient Navy to defend those Ha­ven Towns, and uphold that Soveraignty of the seas, which did belong un­to that Kingdome of Po­land: Syntagm. statutor. lib. lib. 3. tit. 1. fol. 109.

Of the Turkish Soveraignty in his Seas.

THe Turks as they are the powerfullest Na­tion by Land, so thy are not negligent to hold up their power by sea, and therefore being possessed of Constantineple & indeed almost of all these Greeks Empire, except some few Islands which the Venetians hold up, so that they stile themselves Lords of the black and white seas, for so did Achmet the Turkish Em­perour in his agreement [Page 32]with Henry rhe fourth King of France 47. years since, which was publick­ly printed at Paris, in which the Grand Seignieur doth give and grant to the French free fishing, and to search for Corall in certain Bayes and Creeks of the seas upon the Affrick shore be­twixt Algier and Tunis, and this sufficiently shews (if there was nothing else, the Turks care and vigilancy to uphold his Jurisdiction of his seas.

Yet one more because 'tis remarkable, and true, 'tis known, that the Turkish Emperor caused those two impregnable Castles called [Page 33]the Dardanels to be build­ed, the one upon one side of the Hellespont, and the other on the opposite shore in both which he hath planted great numbers of Canon, and they are of ex­ceeding bignes, and com­mand the respective Go­vernours of them, that se qua Navis, (that is) if any, ship should attempt to passe or repass against their wils, that they should sink her forthwith, which Custome he holds and continues to this very day. Corolia. Cap­picus in bello Asiatic. lib. 2.

And it is for certain that twice a year the Turks set out Gallies with souldiers [Page 36]to scour the seas, and to go from port to Port, to de­mand subjection and obe­dience, and some present or other to their Comman­ders, from all who trade, or are found in their Harbors, or upon denyall to force them to it, or sink them, whereupon that memora­ble fight happened 'twixt two English ships, and their Turkish Gallies sent out for the same purpose, but the Captains of the English ships would neither strike sail, nor yet send any pre­sent to them, whereupon the Turks w^th all their pow­er assailed them, the fight was gallantly maintained [Page 37]by the English, but at last being overpowered with multitude, and having not one gale of wind to come off, they were both sunk, and all the men killed, and made slaves, & our Turkish merchants goods had much ado to be saved in Constan­tinople. the ships belong­ed to Alderman Freeman, after Lord Mayor of Lon­don, the Captains name was Hugh Ellis of Limehouse or Wapping.

Of the Grand Duke of Tus­cany, &c.

THis great Dukedome though rich and fer­tile for all sorts of com­modities, yet the Prince keeps his Dominion of his seas, how great are the Im­posts and Customes of one of his Ports onely (to wit) that of Ligorn, though there be many others, yet one sayes plainly, that Mare Adriaticum Venetiis, Mare Ligusticum Genoensibus, Tyre­num vero Pisis & Tusciae in­servit. (that is) the Adria­tick [Page 36]sea doth serve the Venetians, the Ligurian sea the Genoeses, and the Tyrrhene is the Duke of Tuscanie, every one of these, not onely defend and maintain themselves by their propriety to those seas, but have and will fight to uphold their ancient Dominion over them re­spectively.

Of the Popes Power over the Seas.

BRiefly (though we think it is fitter for the See of Rome to save mens souls if they be Pe­ters successors, then to Lord it so mightily either by sea or Land, yet that the world may see his jurisdiction and power at sea, in the Roman sea belonging to Rome, we will give you some expres­sions of his to set forth his lofty mind. Barth. Ʋgolinus Decensuris Pont. reserv. part. 2. sect. 1. Excomm unicamus [Page 41]& Anathematizamus omnes piratas Cursarios ac Latrun­culos Maritimos discurrentes Mare nostrum (that is) we excommunicate and curse all Pirates, sea Rovers, and thieves, whomsoever that shall hover on or rove on our Seas, and if any take any herrings upon any Holy day, they shall and must pay some to the next Churches, and specially to those Churches which ly nearest to that place where they took them Gloss. 3. tit. de feriis.

And further it is, and shall be lawfull for any free Citizen of Rome, or Inha­bitant of the same, to fish [Page 40]upon Tyber, and the sea be­longing to our Jurisdiction at what time, & with what art they can, and it shall be unlawfull for any to mo­lest or rob them, provided, they meddle not with wa­ters which belong to other Lords or States, and cer­tain places excepted and named, in which, sine licen­tia piscarinen licet. With­out licence of the Recor­der, it is not lawfull for them to fish. Stat. Ʋrb. Rom: lib. 3. cap. 72.

Of the English So­veraignty in the Seas.

SURe and certain it is, that as by the Law of Nature and Nations all o­ther Principalities and Kingdomes, Dukedomes, and Common-wealths have and douphold their Titles, Priviledges and Dominion over, and in their Seas; it is as just for our Common-Wealth to do the same, for why not we use our power, as well as others? are all others free, and shall we now be made slaves? and [Page 44]shal we now be made slaves, shall all other Princes enjoy their own, and shall we be debarred and rob'd of ours? and by such onely, who have no justice to claim or conscience to oppose it, shall be made good there­fore to all, what absolute, and just Right and Domi­nion we have to our seas; and I hope, if my peu be not of force to convince those insolent Dutch; yet our thundring Cannon in short time will confound them for their ingratefull and impudent injustice and presumption. Have the greatest Kings and Princes of Christendom been glad to [Page 45]ask leave to come upon and passe and repasse our seas, and shall we our selves ask leave of others to do it now? Durst not the stout­est of all Nations dare to fish upon our coasts with­out leave first granted, and satisfaction promised, and given, and shall we now not dare to do ir our selves? Have our Admiralls and our Navies been the ter­ror of Europe, and shall we so soon be stript both of va­lour and goods too? what, have the Dutch now that li­berty and power to them­selves, which they former­ly begged for at our hands, or is their Right now be­come [Page 44]so, because they ima­gine they have might to effect it, shall all force if of­fered, and prevailing, be accounted for just? if they be so bold to attempt to get why not we as good and re­solute to hold our own? we hinder them not of theirs, why should they debar us from ours? cannot, or must not our men go out of their own houses or Havens for fear of Vantrump or a Borish Dutchman: that we may, & by Gods protection will; we lay down these conclusions and Arguments, to show to the whole world the base­nesse of the Dutch, Hollan­ders, and Zelanders, with o­thers [Page 45]who are combined to assist them against our just Rights and priviledges up­on the seas.

• 1. That the Dominion, Government, Rule, Juris­diction and Command of our seas hath alwayes be­longed and been upheld by the English.
• 2. From the custody, Rule, and Admiralty of England in our seas.
• 3, From all Forreigners, asking leave to passe and repasse our seas.
• 4. From the giving of li­berty to forreign Nations to fish on our seas, and that by leave onely from us, and from Customes paid to us.

Thomas Moulton was in the Reigne of Henry the third stiled Capitaneus & Custos Maris, the Lord Ad­mirall and keeper of the seas, Rot. part 8. Hen. 3. and under him the Cinque ports kept the coast of England, and the seas, Henry 3. hence was that Commission to Sir Hugh Crequier to guard the seas. Edward the first appointed three Navies to­wards the guard of our seas one for Yarmouth Road, a­nother for Portsmouth, and the third for the Western and Irish Seas, Edward 1295.

In the Reign of Edward the second also there were [Page 49]three Admiralls for the the saveguard of our seas: the Lord Oturwin, the Lord Kiriel, and the Lord Felton, custodiam Maris habebant, say the Records, and these guarded our seas.

And in that first Parlia­ment of Edward the third, fourteenth of his Reigne, that they would have a care to secure the peace of the Land, & limitis Scotici & Maris (that is) and of the borders of Scotland, and of the seas.

And so under Richard the second, Hugh Calverley was made Admirall, and Thomas Piercy was joynd in Commission with him to [Page 50]order and govern the seas, for that year, 2. Rich. 2.

And so it was in full Par­liament agreed that the Earl of Salisbury, John Earl of Shropshire, John Earl of Worcester, and James Earl of Wilts, with the Lord Stour­ton, (under King Henry the sixth, should have the guar­ding and Rule of the seas, cum classe numerosa, with a mighty Navy, and after­wards that care was com­mitted to John Duke of Excester. Henry 6.38.

And further in the Reign of the same King, the Com­mons desired, and did think it fit that the seas be kept. Rot. Par. 20. Hen. 6. Artic. 29.

And no lesse appears by Chaucer who lived in the time of King Richard the second, a famous Poet, who sayes, (ut mare custodiretur) that the sea might be guar­ded and kept, and he gives this reason.

Of the Tributes, Taxes, and Subsidies, paid for our safe­guarding the Seas.

TO passe over the point of Dane-Gelt and such like pressures of this Nation, though indeed it was used by William the first and second, and by Henry the first, and by Stephen, Kings of Eng­land, yet it was imployed for the custody and safe­guard of the seas, that they [Page 53]might not be infested by Danish Pirates, nor the Land suddenly invaded, and it was in the Raigne of Edward the first laid out to the same purpose, as it is evident in Rot. 72. penes Camerarios sacrarii. And to this purpose likewise was Subsidy money granted in full Parliament in the time of Edward the third, for to safe-guard the Realm and the Sea, the Scotch borders, Gascony and the Islands be­longing to England, this was then thought just and necessary, not onely by the King and the Lords, but al­so by the Parliament. Rot. Parl. 13. Edw, for they in­clude [Page 54]the safety of the Land to bee by the able guarding of our seas, and what is worth Observation, 'tis certain that in the Reign of Richard the second there was a cerrain Tax and Tri­bute laid upon any ship, as well Merchants, as Fisher­men, and not of our own onely, but also upon a­ny forreigner whatsoever that should passe upon our Northeast or North seas, and this was imposed, ad maris tutelam, for the safety of the Seas. Every ship ac­cording to the burthen or Tun paid a certain and set rate 6. d. except such onely who passed from Flanders to [Page 55] London, or to Calice with Wooll or Hides. Every fish­erman paid 6. d. for the Tun weekly, and to this end, there were six stout men of war appointed and set out to sea. Rot. Par. 2 Rich. part. 2. Art. 39. & so all Colliers sail­ing from Newcastle and car­rying Coals, paid quarter­ly after the Rate of 6 d. the Tunne, and not onely these, but all other passengers for passing and repassing, and specially such who fished, if Forreigners.

Also in the Reign of Henry the sixth, William La Poole Duke of Suffolk was accused in Parliament, be­cause he had not rightly [Page 56]imployed the Subsidy mo­nies, for, and towards the tuition and safe keeping the seas. Rot. Par. 28. Hen. 6. And in the 32. of his Reign there was a Subsidy granted of 40000 l. in tutelam Maris. (that is) for the defence of the seas. To shut up all, who may not find in the Acts of Parliament, as the 1. of Ed. 6. the first of Queen Mary, the first of Queen Elisabeth, and the first of King James, that the Parliament allow­ed Subsidies for the defence of the Realm, and safeguard of the seas, and for enter-course of Trade, and traf­fick, and for Merchandises to come safe into, or to be [Page 57]exported hence, as also to hinder any for disturbing our Land by Invasion, or our seas by Piracy; what need all these have been so carefully prosecuted but onely to shew our Rights, and lawful Jurisdiction up­on our seas.

To proceed, if we should shew the world, the power and large Commissions gi­ven to our Lords High Ad­miralls of England, they surely would evidence our Dominion at sea: in vain had they been granted, if not of Right, or if not ex­ecuted, and to speak truth we find no mention of any sea-fights concerning our [Page 58]title, none were so bold then, or so unjust to chal­lenge a Dominion, or to u­surp it on our Coasts, other differences betwixt Kings and Princes caused wars of­ten at Sea, but not this one, which now the insolent and injurious Dutch alone have raised to quarrel with us: to satisfie all men, we will ren­der the form of the Com­mission of the Lord High Admirall of England, as for many years it hath been granted forth.

Damus & concedimus N. magni Admiralli nostri An­gliae Hiberniae Walliae, ac Do­miniorum, & insularum eo­rundem. To English it in [Page 59]part, we give and grant to N. the Office of great Ad­mirall of England, Ireland, and Wales, and of our Do­minions and Islands of the same, but what power is in­cluded? it is plain, that as occasions were greater or lesse, so his Commission was limited or extended, even as far as to Calice, and the Marches thereof, and to those of Normandy, Gascoyn and Picardy, and therefore one Commission runs, so that we have made, appoin­ted and ordained N. to be Lord High Admirall as aforesaid, and do of our speciall grace and know­ledge give and grant unto [Page 60] N. our great Admirall of all our Navies; and seas afore­said, all and singular the Jurisdictions, Authorities, Liberties, Offices, Feodes, Profits, emoluments, Ship­wrecks, &c. as also all ad­vantages, commodities, pre­heminences and priviledges whatsoever belonging or appertaining unto the said Office of our great Admiral of England and Ireland, and of all other our foresaid Dominions; and when he was invested with this Ho­nor, he was to use his utmost skill and power to put his Commission into executi­on, but what did that con­cern? to secure our seas, to [Page 61]fight enemies, to take Pi­rates, to demand Customs, and Sea Taxes, to protect our Fishermen, to hinder o­ther people from fishing, except leave was first grant­ed to them, and they had agreed to pay what was Im­posed on them for their fishing, and to this end the Admirall had power to di­vide his Navy, some to the North seas, some to the Ea­stern, and some to the West, and what did all this shew, but that the English have and alwayes had an un­doubted Right and Domi­nion in, and over the seas. That learned Antiquary Sir Hen. Spelman in his Glossary [Page 62]hath set down the names, and the year of our Lord, with the Kings that reigned respectively, of all who have enjoyed that Office of Ad­miralty, or keepers and Guarders of our seas time out of mind, and it seems wonderfull, that four such huge Navies should be ma­naged and set forth to sea, the least whereof consisted of one 1000 Sail. The first that bore the title of Admi­rall of all England was Ri­chard the younger son of A­lan, Earl of Arundel and Surrey, and this was confer­red on him September 10. A. 10. Rich. 2. Hen. Spel. Gloss. p, 15.

And that great Antiqua­ry by diligent search and industry hath brought them down from Richard Lucy the first, in the eighth year of Henry the third, as well for the North seas as the VVest, unto our times, even unto the 6. of K. James. For certain, large was our Sove­raignty at sea: if we please to note two or three of the Lord Admiralls Titles to a­void tediousnesse, for in the first of Edward 6. Thomas Seymor Knight, Baron of Sudely, Brother of Edward Duke of Somerset, was Ad­mirall of England, Ireland, Wales, Calice, Bulloign, &c. Feb. 17.

And in the third of Ed­ward the sixth, John Dudly Earl of VVarwick, Viscount Lisle Knight of the Garter, Lord high Admirall of Eng­land, VVales, Calice, Bulleign, and the Marches of the same, of Normandy Gascoyn and Picardy, and chief Go­vernour of our Navies, and of all the feas.

And so Charls Howard, Baron of Essingham, his Ti­tles go as high in the 27. of Elisabeth: and as they had large Titles, so had they as great force and ability to execute such Right & Title as we have [...]o the seas, that they are stiled our seas, and in the second of Edward the [Page 65]third, they are called quatu­or maria Angliae (that is) the four seas of England what an Ancient & Honourable propriety is expressed and engraven in these words.

Next follows to shew our Dominion on the sea are Letters of Credence from our Princes in favour grant­ed to such, who have asked leave to passe or repasse our seas, such was the leave, and safe guard granted to Fer­rando Ʋrtis of Sarrachon, a Spaniard to sayl from the Port of London, through, and by our Kingdomes Ter­ritories and Dominions to Rochel Rot. Franc. 5. Hen. 4. Membr. 11. Jan. 5. And [Page 66] Charls the 6. King of France sending to Robert the third King of Scotland about en­tring into League with him, got leave first for free and safe passage from King Henry through his Dominions, Territories, and possessions, by sea and Land, it seems by these, that England kept the Government of the seas without controll then, and why not now?

But remarkable is that story; how in the Reign of Qu. Elisabeth, the Kings of Denmark and Sweden too, as also the Hans-towns did of­ten and earnestly sollicite, and petition her that shee would be pleased to give [Page 67]them leave to passe and re­pass Her seas, so they counted them then to be, that they might carry corn into Spain, in that time while England and Spain were in war one with another, She wisely did deny them, but they think­ing to steal thither without her leave, were taken and made prize, even as they were sailing into Lisbone 13. Jun. 1589. See this also in Thuanus lib. 95. Histor. and when they complained of the Act of the Queen as un­just and against the Law of Nations, and free Trade 'twas answered that they should not have license or leave to cary arms or corn [Page 68]or any materialls serving to hold up the war, but for o­ther merchandises, they should have as free leave as ever. And when as they sent over into England their A­gent Sebastian Van Bergen, with Letters of Request, that they might have free leave to Trade, and carry any sort of provision into Spain, they had this tart answer from the Queen and Councel; if they durst do so, they should be sure to be severely pu­nished by her Majesties ships of warre, and prize to bee made beside. In Declar. Beg. 1589.

And the like stout & reso­lute answer was also given [Page 69]to the Danish Embassadours desiring & solliciting for the same Anno 1597. And who knows not but John King of Sweden desired leave of the same Queen to carry mer­chandise to Spain; but what need he ask the reason is rendred. Necesse ei fore Ma­ritimas Reginae ditiones per­transire (that is) he must of all necessity passe by the Queens Territories and Do­minions, in Bib. Cotton: but of this sufficient; the Dutch may be in due time brought to acknowledge as much; they have done it to be sure, and humbly too, which fol­lows next.

Leave to Fish upon our seas granted.

AS none durst violate our power to passe, so much lesse durst any adven­ture to fish upon our seas: without speciall leave and license so to do first ob­tained.

And first, Henry the sixth the French King obtained so much favour that he had leave granted him to fish one whole year onely, mark how though favoured, yet limited, sometimes 'twas granted to him for six mo­neths onely, and sometimes [Page 71]again, he might fish when, and where, and as often as he pleased, he had leave, but first did modestly ask it, did not any wayes abuse it, this is found in the Rolls of France Hen. 6. reg. yet they were so lookd to, that they might not come with her­ring busses above thirty tun, and that our men should no way be molested, and that they should shew due obedi­ence as they expected secu­rity, and when they were bolder then welcome their ships were seised on.

And now to come to our Eastern seas, and those that are Northeast, did not the Hollanders and Zelanders in [Page 72]great numbers fish for heer­ring and other fish upon our Coast, but 'tis said first ha­ving obtained Leave from the Governour of our Ca­stle of Scarborough according to ancient Custome. What can be plainer? did they, and were they glad to ask leave, and now will they take it, and be their own carvers? Camb. in Brit. p. 506. and it is not to be imagined, sayes our Cambden what a masse of wealth the Hollan­ders and Zelanders get by having leave to fish upon our Coasts.

And so in the time of Queen Elisabeth, an expert Writer sayes thus, that the [Page 73] Hollanders, Zelanders and those of Flanders, come up­on our Eastern Coast, in the beginning of Summer with four or five hundred her­ring Busses to catch fish, but 'tis said, that before they fish they ask leave first, from the Governour of Scarborough. Hanse in those times had some modesty. See Hitch­okes new years gift An. 1580.

And King James forbad that they or any other stranger should fish upon our coasts, except the A­gents of such Countries re­siding in London had first obtained leave from the King Edict. Jac. 6. Maii.

So 'tis manifest that those of Holland, Zealand, and Faiesland in Edward the 1. his reign, had leave grant­ed to them to fish, and we did protect them also from danger, and this to be near Yarmouth, yet these Letters Pattents were not to be in force longer then to Saint Martins day, behold their limitation! as they had his Princely favour, so they had likewse such a precise time set, and allowed to them, which if they ex­ceeded, they were to stand to his mercy, or justice for remission or infliction of punishment, Rot. Par. Ed. 1. Membran 5.

And the Hollanders sub­mission and intreaty to the said King shews, that they would not, could not, durst not fish upon our seas, be­fore they had leave granted unto them from the said King, witnesse those ex­pressions of the King in that Case. In tender favour and compassion we bear unto those of Holland and Zealand, and to other neigh­bours we wil send out some of our men of war towards the Northern seas, to safe­guard and to protect their ships sent out to fish for her­ring, and to secure and guard their Sea Coasts, whilest they are fishing. [Page 76]How now Landts-man or Dutchman; what you were then not onely limited, but also protected by Royal fa­vour, and not onely to fish but we defended your very sea Coasts, during that time by our men of war, you were not in those times (it seems) able to se­cure your selves, or fish safe without our safeguarding you; for if you had, you would not so earnestly re­quested this favour at our hands; and will you at pre­sent not defend us, if wee stood in need of it, (which thanks be to God) we do not, but also fight us in our own bosoms and [Page 77]Channels? how do these recorded favours of ours, (if there were no more) towards you, and unmerit­ted by you from us, speak shame to your faces for re­quiting us with so much e­vil for so much good to your Progenitors, and your selves too: nay, we had such undoubted power and and Right then on the seas, that you were ordered what ships you should use, and also what number should be imployed; and durst not transgresse, or disobey then, nay, indeed were glad you could have that favour and benefit by humble Request from this [Page 78]Nation granted unto you, and bestowed upon you. Whereupon 'twas ordered, (and ye durst not nor could hinder that Authority) that sometimes ye might and sometimes yee might not fish at all, and then when permitted, not with vessels that should exceed 30 Tun, and this is plaine by the Commissions and Authori­ty given to the respective Governours of Yarmouth, Scarborough, VVhitby bay, Selden. in mare Claus. 234. and to this purpose the Rose Noble bears that im­pression, a King in a Royall ship, and the superscription Edward by the grace of [Page 79]God King of England, France, and Ireland, and on the other side Jefus autem transiens per medium illo­rum, ibat: Which King de­fended the seas with a mighty Navy of stout ships to the number of 1100. ves­sells. 33. of Edward the third Anno 1359. and the very engraving shews enough, as a Royall ship, a King crowned, a Sword, a Throne the Rose. What are these all but so many Blasons of our Rule at sea? According to that English Meetre.

And what lesse meant the Emperour Sigismond in his speech to Henry the fifth, when he strove to make a peace betwixt him and Charls the sixth, the French King, and he said that it was the true English policy to keep safe our Land, to ob­serve these three things, viz.

• 1. To cherish Merchandise,
• 2. To keep the Admiralty.
• 3. And to be masters of the Narrow sea.

And when Sigismond saw Dover and Calice, and ob­served their scituation, said to the King of England.

But we proceed to ano­ther subject, that gives evi­dent Testimoniall of our Soveraignty on the sea, viz.

All Forreigners strike Sail, or vail their Top­sails to our ships of War.

ANd for certain it is, that this Honour our Nation hath had, timeout of mind, and it was really performed by those of Flan­ders, in their Embassage to our Edward the second, the French indeed at some times have been so bold as to question it, but they were alwayes punished by our men of war for their pride. And it hath been practised [Page 83]four hundred years since in King John his Reign Anno 1200. for he gave out a cer­tain Decree or Ordinance, with the advice of his Lords at Hastings in Sussex, to this effect, if the Admi­rall of our Navy, in his sail­ing upon and down our seas, do meet with any ships or Vessels, loaden or unloa­den, which will not at his command, or whom he shall appoint, strike sail, and vail, but shall fight our Navy, if they be taken: they shall be adjudged enemies, and moreover, both ships and goods so taken shall forth­with be confiscate and ta­ken for prize, as other ene­mies, [Page 84]nay though the Ma­sters and Captains of such ships shall after alledge that the said ships do belong un­to the Kings friends, and the men in the said ships shall be punished by impri­sonment during our plea­sure as Rebels and Tray­tors. Commentar. de Reb. Ad­miral. fol. 28. And it is to be seen in the old Records in the Tower: in a bundle of Parchments above four hundred years since, which have reference to the times of Henry the third, and Edward the first. The first of these Parchment Rolls containing an agreement betwixt Edward the first, [Page 85]and Guy Earl of Flanders, concerning the colours and Ensignes to be set upon ships at seas to know and distinguish them, upon one of them on the backside, is written de Baion, but upon the uppermost part of every one of them is added De superioritate Maris An­gliae, & jure officii Admiral­litatus in eodem; (that is) of the superiority or Domini­on of the sea of England, and of the Office of Ad­miralty in the same. And for the further certainty of the truth hereof, that learn­ed Mr. Selden in his Mare Clausum hath word for word set it forth in print, [Page 86]amongst other particulars in it, I have gleaned so much, that all the States of forreign Princes, who convened about the setling Sea-differences, and there were present very many, as from Genon, Catalonia, Spain, Germany, Zealand, Holland, Friesland, Denmark and Norway, and further 'tis ex­presly said, Et de Plusours Autres Lieux de lEmpire, w^th many other likewise of the Empire, yet by all these, the then King of England was reputed, acknowledged and confessed to be as his Predecessors time out of mind alwayes had been En paisible possession de la Soue­reign [Page 87]Seignurie de la mier d' Engleterre el des Isles este auns en Icelle, (that is) in the peaceable and quiet posses­sion of the Sovereign Do­minion of the English sea, and of the Islands belong­ing to the same, and they altogether did not onely acknowledge this, but did all desire, aod crave to be in, and under his defence and safe-guard: Selden in mare Claus. lib. 2. cap. 28.

And it appears plainly, that we have had the power of the seas also betwixt England and Ireland, for it was agreed in Parliament Ne quis exterus in mare Hi­bernico piscaretur (that is) [Page 88]that no stranger or for­reigner should fish in our Irish sea, except he, or they had first obtained leave of the Lord Deputy, or from some other Officer lawfully appointed to oversee the same, or from the King and his Councell: and hereup­on it was, that there were set Rates to be paid for se­verall ships, as one or any ship of twelve Tuns should pay yearly 13 s. 4 d. and if lesser 2. s. and in case they faild in performance here of then the ships, weapons, furniture, and all the goods, to be for prize, Statut. Hi­bern. 5. Ed. 4. C. 6. and King James commanded it, that [Page 89]no stranger whatsoever, not having leave first granted unto him, should fish upon the seas, Edict. 6. Jacobi 7.

So also is it as manifest, for our Dominion and power upon the Northern seas, for King James and the Parliament ordered for the seas, thus, That all man­ner of Fishers that occupie the Seas, and other persons whatsoever, who slay or kill herring or white fish upon the Coast, to bring them into free Ports, where­by his Majesties Customes be not defrauded, nor his Highnes Lieges, or Subjects be frustrated of the com­modity appointed unto [Page 90]them by God, under the pain of confiscation of the Vessells and goods of all that come contrary here­to, to the Kings use, E­ dict. 7. Jacob. R. Martii 6. & Parliam. 4. Jac. cap. 6c.

The Reader would be weary if we should produce more examples and Presi­dents of this kind, that therefore we may the soon­er conclude this Treatise, having already sufficiently shewed our priviledges, au­thority, power, jurisdicti­on and Dominion on, and over our seas, in the next place we lay open to all men.

What miseries & inconveniencies, our Nation will in short time suffer, if we do not uphold our power at sea against all In­vaders or oppo­sers what soever Dutch, Danes or French.

ANd first a generall de­cay of Trading and [Page 92]Merchandise, which as it is one of the sinews of our Land, so 'tis as advantageous there's, none so ignorant, but knows the inestimable be­nefit that our Nation al­wayes hath had by forreign traffick, how have thou­sands, and ten thousands been enriched, and made great by it? what famous sea Captains, and seamen hath it maintained alone? what infinite summes of Treasure hath it brought into our land? how doth it keep millions of people in honest labour, and helps to the maintaining thousands of Families, and for certain the decay of it alone will [Page 93]quickly be felt through the whole Land; for this there­fore, if there was nothing else to incite all English men it behoves us to our utmost to keep up our power at sea.

Secondly Invasion by for­reign foes to be feared, especially at this present, All our Neigbour Nations are up in Armes, great Navies daily at sea, we are the people that are the most hated and envyed, and opposed, how would the Dutch and Dane, and Scots, and Irish and French, with others rejoyce to see us rui­ned by Invasion, and certain it is our safety at Land con­sists [Page 94]in our power at sea, what calamities and deso­lations would not an Inva­sion bring in with it? all our just Rights and priviledges would be cancelled, our Laws abrogated, our Towns and Cities plundered and fired, our Castles destroyed, our Liberty lost, our wives and children and our selves made slaves or butchered forthwith, all our precious things devoured by stran­gers, and enemies: and therefore, 'tis good for us to maintain our forces and ships at sea, liberally and willingly, and we are all bound to crave Gods bles­sing and protection to be [Page 95]for ever with, and over them.

That therefore the Hol­landers and Zealanders base­nesse and injustice may be unmasked, and all good people of the Land satisfied and settled in their minds concerning our maintain­ing our war against them, and any other, who shall combine with them, for there be thousands who mutter at the businesse, and seem to bear affection to their cause, though indeed without cause; we wish them to consider these fol­lowing Arguments against the Dutch fighting with us and for own seas.

The Dutch inju­stice and Ingra­titude to Fight againstour Na­tion.

FIrst, they begun the war, and kindled the fire, and blowed the first Coal. They were the first Offendors, so 'tis just and fitting on our parts to re­pulse the injuries and Af­fronts offered us, that this is true witnesse the barba­rous and uncivill usage shewed to that ever Hono­rable Statseman the Lord Saint John, when he was [Page 67]Ambassador from our State and resident at the Hague, the harbouring and main­taining the publick Ene­mies of our State, their common sending in Arms, and all manner of warlike provision into Scotland and other places which were at war with England; Adde to these their scandalous se­ditious pamphlets and books allowed to be print­ted in the disparagement of our State and Nation. These things are but some of those many, but these are all too true.

Secondly, as the Dutch be­gan the war, so (as they conceived) they took the [Page 98]advantage of the time also, intending to surprise us be­fore we could have been in a ready posture to receive them, and for certain had not our State been prudent to foresee their craftinesse, and our Marriners and Land Souldiers as ready and willing to furnish our ships forthwith, they might have effected more on a sudden upon us, then now they are able, but to come to a period, we give our Countreymen a hint onely.

3. Thirdly, as they were crafty to cull out the time, so they show themselves as Ingratefull to set against us their neighbors, their [Page 99]friends, their old and trusty friends, their conservators, both of life and liberty, of wives, children, towns, and all whatsoever at present they have, and what we did for them 'twas freely and throughly performed, wit­nes that famous battell of Newport, when as all the Dutch did run the field, and all the Scots were kill'd nay, the Prince of Orange wept, and gave all for lost, and was run a ship-board, and when the Spaniards called openly Victoria, victoria, sancta Cruz. & sancta Maria yet all this while, though Sir Francis Veere, that Re­nowned Commander was [Page 100]also shot, and could not give direction, yet that re­ligious and valorous Bro­ther of his, Sir Horatio Veere, with the English Regiments kept the field, and fought it out to the utter overthrow of all the Spanish Army, according to that Song composed upon that battle.

What can they now, (though so swel'd w^th pride say to this certainly we have deserved better from them, but what can be ex­pected from such Borish people, But such ungrate­full returns.

Fourthly, as they begun, [Page 102]and now, and against us, so they are as Injurious to fight with us upon this oc­casion for defending our own goods, our own just Rights, our freedome, and sea priviledges, which do not in any the least manner belong unto them; 'tis true, they have been many years proling, and attempting, but now they take open arms to infest us.

Fifthly, not by themselves alone, but by solliciting o­ther Nations to help them, as if it were not enough for themselves to do Injury, ex­cept they fetch in other Confederates to make us, if they can miserable to the [Page 103]utmost; and to this purpose they send their Agents to France to Denmark, to Swe­den, to Germany, with hor­rible and false Suggestions, and Informations against this Common-wealth of England, the sooner to in­cite them to fight against us of this Nation; and if possible utterly to ruine us; But we leave them know­ing that as their beginning of war was simply unjust, so the end of it will prove as miserable and destructive to the Prosecutors of it, O Dutch Hollander, remember we say, remember what wil do in the end thereof, take one line more.

But to conclude our sub­ject, we may assuredly say, that perit quodfacis Ingrato, Save a thief frō the gallows and hee'l be the first to do you a mischief, for certain 'tis that these Dutch ever since the coming in of King James to the Crown of [Page 105] England, have been the spunges of Englands Trea­sure, & have bin the people above all others who have decryed and vilified our Nation, in all the East and Southern parts of the world; and not onely so, but have fomented occasions of quarrels, and raised scanda­lous jealousies of our Nati­on towards them, and upon meere false informations have rigorously, nay bar­barously proceeded to the murthering our Mer­chants and Factors where­ever they could lay hands upon them, before ever they gave the least intima­tion of the crimes commit­ted [Page 106]to our State, or indeed before and fault was really per petrated by our Nation to them in those parts.

And wee cannot think their intentions to be alte­red from what they were: we shall be sure to find them worse against us, now if they obtain that which they have been long ende­vouring, viz. The Domini­on of the seas) and therefore