THE Propriety and Dominion of the KING of Great Brittain on His SEAS; Asserted against all Opposers, and Confirmed from all Ages, to this Present Time.
FOR the better Understanding of the following Discourse, we shall in the first place lay down these Two Propositions:
First, That the Sea by the Law of Nature and Nations is not common to all Men, but is capable of Private Dominion, as well as the Land.
The Second, Is, That the KING ofGREAT BRITTAIN Is LORD of the SEA Flowing about, as an Inseparable and Perpetual Appendant of the Brit [...]sh Empire.
[Page 2] Before we shall insist on these Propositions, We shall in the first place, remove some Objections that may be made against them: Some are drawn from the Freedome of Commerce or Traffique, which by many are affirmed to be so Naturall, that they can no where be abolished by any Law or Custome, and that by the Law of Nations it is unjust to Deny Merchants the Benefit of Commerce and Navigation.
Other Objections are drawn from the Nature of the Sea it self, for it is commonly alleaged that the Sea is altered, and shifted every Moment, and the State thereof, through a continued succession of new waters, alwayes uncertain, and remains so little the same in all things, (the Channel onely excepted) that it is impossible it should ever be retained in the Possession of any One Particular.
As to the first, It is easie to be proved by the Ancient Interpreters of the Mosaical Law, Lyren. ad [...]umer. 34. That the Sea is altogether as capable of Private Dominion, as the Land; The Words of GOD in [Page 3] the Book of Numbers are express; And let your Borders be the Great Sea; that is, say the Rabbins, the main Ocean, and its Isles; And it is plainly to be proved, that a Private Dominion of the Sea no otherwise then of Land arose from humane Distribution: Dion. lib▪ 36. We read, that Pompey the Great, being Master of a Huge Navy, had a Commission given him from the Senate, as absolute Lord of the Sea; The like had Mark Anthony some few years after him; And many of the Roman Historians have called the Sea, their Sea; because it was wholly subdued to the Roman Power.
We might here alleage many Examples how long the Lidians, the Phygians, the Rhodians, the Phaenicians, and many other Eastern Nations, one after another have been Lords of the Sea: Thy Borders are in the midst or heart of the Sea saith the Prophet Ezekiel of the Tyrians: Quintus Curtius affirmeth, that the City of Tyre builded by Agenor, Chron. Canon. p. 128. made not onely the neighbouring Sea, but what Seas soever her ships sayled into, to be of her Dominion: There was an ancient custome used in the [Page 4] East, that when Great Kings had a design to bring any Nation under their Power, they commanded Water, and Earth, the pledges of Empire and Dominion to be delivered unto them, conceiving that the Command of the Sea, as well as the Land was signified by such a token.
The like may be affirmed of the West, Florus, lib. 2. cap. 6. for both Polybeius, and Appian affirme that the Carthaginians Enjoyed the Command of the Sea without all Controversy, as received from their Ancestors; And if we take a view of these late Times, as to the Rights and Customes of other Nations, which at this present are in high Reputation, we shall finde that the Common-Wealth of Venice have enjoyed the Dominion of the Adriatick Sea for many Ages: The Tuscans to this day have an Absolute Dominion in the Tyrhene Sea, and those of Genoa in the Lygustick; the like we may alledge of the Danes, the Swedes, and the People of Norway; And to conclude, that the Dominion of the Sea is admitted amongst those things that are lawfull, [Page 5] and received into the Customes of Nations, is so far from contradiction, that nothing at all can be found to controule it in the Custonies of our latter Times, unlesse it be by some, who being Borderers upon the Sea-Dominions of others, do strive to violate the Rights of their Neighbours, under the pretense of Civil Community.
Now as to the Objection concerning the Freedome of Commerce and Passage pretended to be common to All; It is most evident from the Customes of all Times, that Commerce, and Free Passage hath ever been so limited by Princes in their Territories, that it is either permitted, or prohibited according to the various Concernments of the Publick Good. Princes are concerned to be wary and carefull, that they admit no such Strangers or Commerce where the Common-Wealth may receive any Damage thereby: And Aristotle plainly and expresly saith, Aristo. Polit. lib. 7. cap. 6. That provision ought to be made by Lawes, with whom Subjects may, or may not converse: Moreover it is commonly provided in [Page 6] Leagues, that it shall not be lawfull for either Party to sayle into each others Ports, Coasts, or Harbours with such a number of Ships, as may give a just occasion of Fear or Jealousie that Force is intended; except leave be first had of that Party under whose Jurisdiction those Places are, or unless they be driven thither by Tempest, or other Necessity, to avoid a greater Force, or the Danger of Shipwrack: And to conclude, Bodine affirmeth, That it is lawfull to prohibite any Forreigner from entring the Borders, and also to force him out, if he hath entred the Borders, not only if a War be on foot, but also in Time of Peace, that the Priviledges, Safety, and Welfare of the Inhabitants may not be corrupted by conversation with Strangers.
As to that Objection concerning the uncertainty of the Sea, which (it is alledged) doth render it unfit for private Dominion, because it is ever in motion, and in no wise remains the same: Suppose we grant that it be so flowing, as is usualy said of the most Northernly Seas; Strabo. Geograp. lib. 1. yet certainly the Channels, and [Page 7] Places through which the waters flow remain ever the same, although the waters themselves do shift, and change continually. In the Germane Empire, (according to the Civil Law) Rivers are all of them of Publick Use, yet for all that, they are reckoned in the Emperours private Patrimony, Seneca Ep. 39. and amongst the Royalties belonging to his Exchequer; So that the Emperour, or others by his Grant, have a yearly Revenue out of the Fisheries in them; Neither is there any thing more common then an Asserting of the Private Dominion of Rivers, in the Lawes of France, Spain, Poland, and Venice, and, in a word, of all Nations whose Customes are known; seeing therefore that a Dominion and Propriety of Rivers hath been every where acknowledged, why should it not in the like manner be acknowledged, that there may be Owners of any Sea whatsoever? Since the always running and flowing Nature of water can no more hinder a Dominion in the one, then in the other, for the Rivers themselves are but little Seas; as the Sea it self, to its fluide Constitution, [Page 8] is but a River, the one differing only in bignes from the other; and so it hath been taken by the Antients; In the very History of the Creation, all the Gatherings together of the waters are called Seas: Many Lakes have been called Seas; Luke 5. 1. Tiberias by St. Luke is called a Lake, but by the other Evangelists a Sea. Asphaltites is by Pliny, Solinus, and others, termed a Lake, but by Moses in the Fourteenth of Genesis, the Salt Sea, and by most of the late Writers, the Dead Sea.
They indeed, who make use of such frivolous subtilties, as these to oppose the Dominion of the Sea deserve to be turned over to the Phylosophers, Heraclitus and Epicharmus, who taught that every thing is so altered, changed, and renewed, that nothing in this World continues the same, as it was in the instant immediately going before. Our Bodies (saith Seneca) are hurried like Rivers; whatsoever thou seest, runneth with Time; Not one of all those things that are visible continueth; I even whilest I speak of these changes am changed my self: But let [Page 9] such men as dream that the fluide Inconstant Nature of the Sea disproves the private Dominion of it, entertain the same opinion if they please with these Men, and then they must of necessity grant also, that themselves are not Owners or Possessors, of Houses, Lands, or Money, or any other thing whatsoever.
As to that Argument, that the water is open to All, and therefore by Law, it must lye open at all times to all men, it is a very trifling Argument. Before the first Distribution of things, there was no Land which did not lye open unto All before it came under particular Possession: In many places payment is made for the use of water; as amongst the Hollanders, they have in Delph-Land a Custome, called, Jus Grutae, which hath ever been under the care of those Officers, called in Dutch, Pluymgraven, whereby the Beer-Brewers are obliged to pay them the hundreth part for the use of the water.
Some men may here object that saying of Antonius, Forcus in cap. Juris. cap. 9. I am Sovereign of the World, but the Law is Sovereign of the Sea. [Page 10] The True and Genuine sense of those words is this, I am Lord of the World, because I Govern the World by my own Law; but the Rhodian Law, is the Law of the Sea, because by this Law Justice is administred on the Sea; therefore let this case of Eudaemon concerning Navigation be determined by the Rhodian Law, so far as none of our Lawes doth oppose the same. There is no man unlesse he will renounce his own Reason, who will affirme, that any Denial is made of the Dominion of the Sea in that Answer, or that the least Tittle can be found in it against the Dominion thereof.
Having thus in general given you an account, that almost amongst all Nations, there hath been allowed a Private Dominion of the Sea; we shall now come more particularly to our selves, and acquaint you, that the Antient Brittains did Enjoy and Possesse the Sea as Lords thereof, before they were subjected to the Roman Power: It is upon good ground concluded, that the most Antient History, whereunto any credit ought to be given about the Affaires of [Page 11] Brittain, is not elder then the Time of Cajus Julius Caesar, Seld. Mar [...] Clausum 158. the Ages before him being too obscured with Fables; but at his coming we finde many clear passages of the Brittains Dominion of the Sea flowing about them, especially the South and East part thereof, as a perpetual Appendant of the Sovereignty of the Island; For at that time, they not onely used the Sea as their own, for Navigation, and Fishing, but also permitted none, besides Merchants to sayle into the Island without their leave; nor any Man at all to view, or sound their Sea-Coasts, or their Harbours: And though at Caesars first Arrival, they were Terrified with the sight of his long ships beaked with Brass or Iron; and they fled to the shore, and from it to the In-lands, being not sufficiently provided for such a Sea-fight as was then at hand, and which they never had been acquainted with, yet most certain it is, that they had Vessels of their own in which they used to Coast about the Neighbouring Seas: And though mention is made by Writers, that commonly they were framed [Page 12] with Twiggs (as the fashion then was in the more Antient Nations) and covered with Oxe-Hides; yet with good ground we may conceive, that they were wont to Build, and set forth ships of War; of a far more commodious, and solid substance, for the Guarding of the Seas, and the Isles: We read in Caesar's Commentaries, De Bello Gallico. lib. 9. that they were strong at Sea, and it is not to be doubted, but that besides their Twiggs and Leathern Vessels, they had a considerable Navy which was able at pleasure to Encounter the ships of their Neighbours that were best Armed: But the Southernly Parts of Great Brittain being Invaded by the Emperour Claudius, and the Isle of Wight surrendred to them; the Brittish Sea, following the Fate of the Island, was annexed with it to the Roman Empire.
From the Dominion of the Brittish Sea, as being continually United to the Island, or an Inseparable Concomitant thereof, many remarquable passages have proceeded amongst those who have left unto Posterity the Atchievements of the Romans, when they were [Page 13] Masters of this Island: But when the Roman Empire was declining, and they had scarce Forces enough to Guard the City it self, The Brittains about the Year of our Lord, Zosimus Hist. lib. 6. Four Hundred and Fourscore, did cast off the Roman Government, and setled a Common-Wealth after their own liking: In the mean time the Saxons Inhabiting the Shoar over against them, had a great and greedy mind unto it, who being a People extreamly given to Piracy, the Romans were accustomed to appoint an Officer to drive them away, called, The Count of the Saxon Shore throughout Brittain. These Saxons being sent for by the Brittains to Assist them against the Scots and Picts, did get at length the whole Power into their own hand. Bede, De Natura Rerum. cap. 28. These Saxons being Arch Pirats, did not only know, but were familiarly acquainted with the Dangers of the Sea. The same may be said of the Danes and Normans, for these names being promiscuously used, do often signifie the same Nation, as is sufficiently attested, by Regino, Dudo, the Monk of Malmesbury, and others: And [Page 14] these People had so great and so admirable a Knowledge of the Sea, and Sea Affairs, that by an exquisite observation of the Tides, and Ebbings of the Sea, they were accustomed to reckon their Months and Years, yea, and to frame Computations of years thereby. In Antient Records, diverse particulars are to be seen, which most plainly show, that both the Saxons and Danes had a Dominion over the Sea, whilest they Reigned in Brittain.
In the Reign of the English Saxons, M •. In Bibleothecâ Cottonianâ. we read in Asserius Bishop of Sherburn, that Hengist being invited into England by the Perswasions of Vortigern, there came presently afterwards to recruit him Octa and Ebissa, who putting Pitates aboard his ships, he charged them to Guard the passages of the Sea. You are to understand that the word Pirate was not then taken (as now commonly it is) for Robbers or Rovers, but for such who being the most skilfull in Sea-Affairs, were judged to be the fittest Men to Encounter with their Enemies; The word, sayes my Authour, doth seem to be deriv'd from the Greek, [Page 15] for [...], or Pira, in the Greek Tongue signifieth Craft, or Art, and from this Art in Maritine Discipline they are now called Pirates which infest the Seas. But amongst these Kings none was more Potent then King Edgar, who possessing an Absolute Dominion of the Seas, sayled round about it every Year, and secured it with a constant Guard. It is Recorded that these ships being very stout ones, Hunting. lib. 5. were in number One Thousand Two Hundred; Other Writers affirm that they were Foure Thousand; the Abbot of Jorvaux, John Bramton by name, doth number them to be Four Thousand, and Eight Hundred sayle: And what Dominion King Edgar had, as Absolute Lord of the Sea, appears in these words; I Edgar King of England, and of all the Kings of the Islands, Guil. Malmesb. lib. 2. cap. 8. and of the Ocean lying round about Brittain, and of all the Nations that are Included within the Circuit thereof Supream Lord and Governour, do render my thanks to Almighty GOD My KING, who hath Enlarged my Empire, and Exalted it above the Royal Estate of my Progenitors, who although they Arrived to the Monarchy [Page 16] of all England ever since Athelstan; yet the Divine Goodness hath favoured me to Subdue all the Kingdomes of the Island in the Ocean with their most Stout and Mighty Kings, even as far as Norway, and the greatest part of Ireland, together with their most Famous City of Dublin.
After him King Canutus left a Testimony whereby he most expresly Asserteth the Sea to be a part of his Dominion: For placing himself by the Sea side in the time of a High Tide upon Southampton shoare, he is reported to have made tryal of the Obedience of the Sea in this manner; Thou, O Sea art under my Dominion, as the Land also which I sit upon is mine; And there was never any that disobeyed my Command without Punishment; Therefore I command thee not to ascend upon my Land, nor do thou presume to wet the Feet or Garments of Thy Sovereign: But although the Event did not answer his Expectation, yet most plain it is, that here he openly professed himself to be Sovereign of the Seas, as well as of the Land.
[Page 17] From the Testimonies of the Saxons and Danes, we shall Descend to the Government of the Normans; where by many Notable and Cleer Proofs we shall finde; That
1. The Custody, Government, or Admiralty of the English Sea did belong unto the King, together with the Dominion of the Adjacent Islands.
2. That the Leave of Passage through this Sea, was granted unto Forreigners upon Request.
3. That the Liberty of Fishing, was upon Courtesie Allowed to Forreigners and Neighbours, and Protection given to the Fisher-men.
4. That Laws, and Limits were Prescribed to Forreigners; who being in Hostility the one with the other, but both in Amity with the English, made Prize of each other on the Sea.
5. The Records whereby this Dominion is expressely Asserted as a most Undoubted Right, and that not onely by the Kings, but by the Parliaments of England.
As for the First, There is nothing more Cleer, than that the Kings of [Page 18] England, have been Accustomed to Constitute Governours, or Commanders, who had a Charge to Guard the English Seas, and these were called Custodes Navium, or Custodes Maritimi. These were the Officers that were called Butsecarli, as may be gathered out of that Breviary of England, called Doomes Day: Rot. Pat. 48. Hen. 3. In this Number was Thomas de Moleton, who is Stiled Captain and Guardian of the Sea; and Hugh de Cerquen; Afterwards the Title of Guardians, was changed into that of Admiral, as is alleaged by Thomas Walsingham, in the days of Edward the First. 22. Edw. 1. We finde that in the days of Edward the third; The Principal End of Calling that Parliament, was concerning the Preservation of Peace, both by Land and Sea; giving us to understand, that the Land and Sea together made one entire Body of the Kingdome of England. In the time of Richard the Second, 2. Rich. 2. Hugh Calverley was made Admiral of the Sea, saith the same Author, and the Universal Custody of the Sea was committed by our Kings, to the High Admirals of England.
[Page 19] And that the Dominion of the Seas, is properly in the Power and Jurisdiction of the King, may appear by those Tributes and Customes that were Imposed and Payed for the Guard and Protection of them; The Tribute called the Danegeld, was paid in the Time of the English Saxons, which amounted to four shillings upon every Hide of Land, for the defending of the Dominion by Sea. Annal. 1. part, page 276. Roger Houerden affirmeth, that this was paid until the Time of King Stephen. Afterwards Subsidies have been demanded of the People in Parliament, upon the same Account; and in the Parliament-Records of King Richard the Second, it is Observable; That a Custome was imposed upon every Ship that passed through the Northern Admiralty, that is, from the Thames along the Eastern Shoare of England towards the North-East, for the Maintenance of a Guard for the Seas. Neither was this Imposed onely upon the English, but also upon the Ships of Forreigners, payment was made at the Rate of six pence a Tun upon every Vessell that passed by, such Ships only [Page 20] excepted, that brought Merchandize out of Flanders into London. If a Vessel were imployed to Fish for Herrings, it payed the Rate of Six pence a week upon every Tun; If for other kind of Fish, so much was to be payed every three weeks, as they who brought Coles to London from New-Castle, paid it every three Moneths; But if a Vessel were bound North-wards, to Prussia, Scone, or Norway, or any of the Neighbouring Countries, it payed a particular Custome according to the Weight and Proportion of the Freight; And if any were unwilling, it was Lawful to Compel them to pay.
In this Place we shall give you the Copy of the usual form of a Commission, Rot. Parl. 2 Rich. 2. part 2. Act 38. whereby the High Admiral of England is Invested with Authority for the Guard of the Sea; it runneth in these Words,
Thus we see we have a continual Possession or Dominion of the Kings of England by Sea, pointed out in very [Page 22] Expresse Words for very many years; We may add to this, that it can be proved by words plain enough in the form of the Commissions, for the Command of High Admiral of England; that the Sea for whose Defence he was appointed by the King of England, who is Lord and Sovereign of it, was ever bounded towards the South by the Shores of Aquitain, Normandy, and Picardy; for although those Countries sometimes in the Possession of the English are now lost, and for many years under the Jurisdiction of the French, yet the whole Sea Flowing betwixt our Brittish Isles, and the Provinces over against them, are by a Peculiar Dominion and Right of the King of England on those Seas, subject unto them whom he puts in Command over the English Fleet and Coasts, that there remaineth neither Place nor Use for any other Commanders of that kinde: And as for the Islands of Gernesey, Jersey, and the rest; Mr. Selden affirmeth, that before a Court of Delegats in France, in expresse terms it hath been acknowledged, that the King [Page 23] of England hath ever been Lord, not onely of this Sea, Seld. Mare Clausum page 334. but also of the Islands placed therein, Par raison du Royalmed' Angleterre, upon the Account of the Realm of England, or as they were Kings of England; And in the Treaty held at Charters, when Edward the Third Renounced his Claim to Normandy, and some other Counties of France that bordered upon the Sea; it was added, that no Controversie should remain touching the Islands, but that he should hold all Islands whatsoever which he Possessed at that time, whither they lay before those Countries y t he held there, or others; For Reason required this, that he should maintain his Dominion by Sea; And both Gernesey and Jersey, as well as the Isles of Wight and Man, in several Treaties held betwixt the Kings of England and other Princes, are acknowledged not onely to lye neer unto the Kingdome of England, but to belong unto it.
But to give a greater Light to this Truth, we may from several Records produce many Testimonies; that the Kings of England have given leave unto [Page 24] to Forreigners upon Request to passe through their Seas, he gave permission to Ferrando Vrtis de Sarachione a Spaniard, to Sail freely from the Port of London through his Kingdomes, Dominions, and Jurisdiction, to the Town of Rochel.
There are Innumerable Letters of safe Conducts in the Records, Rot. Fran. 5 Hen. 4. especially of Henry the Fifth, and Sixth, whereby safe Port and Passage was usually granted; And it is worthy of observation, that these kinde of Letters was usually superscribed, and directed by those Kings to their Governours of the Sea-Admirals, Vice-Admirals, and Sea-Captains,. And to clear all at once, the Kings of England have such an absolute Dominion in the English Seas, that they have called the Sea it self their Admiralty. And this we finde in a Commission of King Edward the Third; The Title whereof is, De Navibus Arrestandis & Capiendis, For the Arresting and Seizing of Ships: The Form of it runs in these Words; The King to his beloved Thomas de Wenlock his Serjeant at Armes, and Lievtenant, [Page 25] To our Beloved and Trusty Reginald de Cobham, Admiral of our Fleet of Ships from the mouth of the River of Thames, towards the Western parts Greeting: Be it known unto you, that we have appointed you with all the speed that may be used by you, and such as shall be Deputed by you; to Arrest and Seize all Ships, Flie-Boats, Barks, and Burges of ten Tun burthen and upwards, which may happen to be found in my foresaid ADMIRALTY (that is, in the Sea, reaching from the Thames Mouth, towards the South and West) and to bring them speedily, well, and sufficiently Armed to Sandwich, &c. All Officers also in the said Admiralty, are Commanded to yeild Obedience and Assistance upon the same Condition; Thus, That the Sea it self was contained under the Name of the Admiralty, is most clearly manifest, by what already we have shown you.
And as a Freedome of Passage, so also▪ we do finde, that a Liberty of Fishing hath been obtained by Petition from the Kings of England, we have already made mention, that King Richard the Second, imposed a Tribute upon all persons whatsoever that used [Page 26] Fishing on his Seas. We read also, that Henry the Sixth, Rot. Fran. 38 Hen. 6. gave leave to the French, and other Forreigners, sometimes for a Year, sometimes but for six Moneths, to go and Fish throughout his Seas, provided that the Fishing-Boats and Busses, were not above thirty Tuns; And if any Forreigners, whither French, Dutch or others, should Disturb or Molest any of the Kings Subjects as they were Fishing, they were to loose the benefit of their Licence.
But in the Eastern Sea which washeth the Coasts of York-shire, and the Neighbouring Counties; It hath been an Antient Custome for the Hollanders and Zelanders to obtain leave, by Petitioning to the Governour of Scarborough Castle. It is worth the while, saith the Reverend Mr. Cambden, to observe what an extraordinary gain the Hollanders and the Zelanders do make by fishing on the English Seas, having first obtained leave from the Castle of Scarborough; For the English have ever granted them leave to Fish, reserving always the Honour, and the [Page 27] Priviledge to themselves, but through a negligence resigning the Profit unto Strangers; for it is almost incredible (saith he) to believe what a vast sum of Money the Hollanders do make by this Fishing upon our Coast; Mr. Hitchock also, in the time of Queen Elizabeth, presented a Book to the Parliament written in the English Tongue concerning the Commodity of Fishing; in which he specifies, that the Hollanders and Zealanders every year towards the latter end of summer, do send forth four or five hundred Vessels called Busses, to Fish for Herrings in our Eastern Seas; but before they fish, they ask leave of Scarborough, they are his very Words. Care was also taken by K. James, that no Foreigner should Fish on the English or Irish Seas without leave first obtained, and every year at the least, this leave was renewed from the Commissioners for that purpose appointed at London. But the Reason why we do not so often meet with these Forms of Licences is, because by the Leagues made with the Neighboring Princes, a Licence, or Freedom [Page 21] of that kinde was so often allowed by both parties, that as long as the League was in Force, the Sea served as it were a Common Feild, as well for the Forreigner y was in Amity, as for the King of England himself, who was the Lord and owner of it. But a remarkable Example of Fishing in this Nature we finde in the days of King Henry the Fourth. An Agreement was made betwixt the Kings of England and France, that the Subjects of both Kingdomes might freely Fish throughout that part of the Sea, which is bounded on this side by the Ports of Scarborough and Southampton, and on the other side by the Coast of Flanders, and the Mouth of the River of Sein; The time was also limited betwixt Autumn, and the beginning of January. And that the French might securely enjoy the Benefit of this Agreement, the King of England sent Letters unto all his Sea Captains and Commanders. By this we may plainly see, that these Limits wholy excluded the French from that part of the Sea which lies towards the West, and South-West, as also that [Page 29] which lieth North-East of them as being so limited by our Henry at his own pleasure, as Lord and Soveraign of the whole.
There is amongst the Records of Edward the First an Inscription, Pro Hominibus Hollandiae, &c. For the Men of Holland, Zealand, and Friesland, to have leave to Fish neer Jernemuth, now called Yarmouth; The Kings Letter for their Protection, runneth in these Words.
For as much as we have been certified, that many men out of the Parts of Holland, Zealand, and Freisland who are in Amity with us, intend now to come, and Fish in our Seas neer unto Jernemuth, we command you that publick Proclamation be made once or twice every week, that no Person whatsoever imployed abroad in our Service, presume to cause any Injury, Trouble, Dammage, Hinderance, or Grievance to be done unto them, but rather when they stand in need, that you give them Advice, and Assistance in such manner, that they may Fish and pursue their [Page 30] own Advantage, without any Let or Impediment. In Testimony whereof, we have caused these our Letters to be made Pattents, and to continue in Force until after the Feast of St. Martins next ensuing.
Here you see, that the King granteth a Protection to Fish, and he Limits it within the space of two Moneths. He alone also Protected the Fishermen upon the German Coast, nor might the Fishermen use any other kind of Vessels then what were Prescribed by our Kings. Upon which Accounts all kind of Fishing was sometimes prohibited, and sometimes admitted; this Restriction being added, hat they should Fish onely in such Vessels as were under the Burden of Thirty Tun; And this appears by the Letters of King Edward the Third concerning the Laws of Fishing, which were directed unto the Governours of several Ports, and Towns on the Eastern Shoar, the Words are these;
For as much as We have given Licence to the Fishermen of the Neighbouring Ports, and to others who shall be willing to come unto them for the Benefit of Fishing; that they [Page 31] may Fish and make their own Advantage with Ships and Boats under the burden of thirty Tuns, any Prohibition or Commands of ours whatsoever to the contrary notwithstanding, we command you to permitt the Fishermen of the said Towns, and others who shall be willing to come to the said places for the Benefit of Fishing, to Fish, and make their own Advantage with Ships and Boats under-thirty Tun, without any Let or Impediment, any Prohibitions or Commands of ours made to the contrary in any wise notwithstanding.
This is evident also in the Records of King Edward the Fourth, for he invested three Persons with Naval Power, whose Office it was to Protect and Guard the Fishermen upon the Coasts of Norfolk and Suffolk; and the charges of the Guard were to be Defrayed by the Fishermen of the said Seas at the pleasure of the King of England, although they have Letters of Publick Security and Protection from Foreign Princes; Neither were any Persons admitted to a Partnership in this kind of Guard, except those who were appointed by the King of England; least [Page 32] by this means, perhaps it might Derogate from the English Right, which is a manifest Sign and Evidence of their Dominion, and Possession of the place; And this may yet more clearly appear by the Laws and Limits usually set by our Kings to such Foreigners as were at Enmity with each other, but in Amity with the English: and to this effect, is the Proclamation of King James; who having made Peace with all Nations, did give equal Protection to the Spaniards, and the United Neatherlands, at that time exercising Acts of great Hostility one against another; Our Pleasure (saith he) and Commandment is to all our Officers and Subjects by Sea and Land that they shall Prohibite as much as in them lieth, all hovering of Men of War of either Spaniard or Hollander neer to the Entry of any of our Coasts or Havens; and that they shall Rescue and Succour all Merchants, and others that shall fall within the Danger of any such as shall Await our Coasts: And it is further to be observed, that as our Kings have very often Commanded [Page 33] that all manner of persons should cease from Hostility throughout all the spaces extended into their Territories by Sea; so they indulged the like Privilege for ever throughout the more Neighbouring Coasts of the French shore, that all manner of Persons, though Enemies to one another, should securely sayle to, and fro, as it were▪ under the wings of an Arbitrator, or Moderatour of the Sea, and also freely should use the Sea, according to such spaces, and limits, as they were pleased at first to appoint, which without doubt is a clear Evidence of Dominion.
In this next place, I shall cite some of the Publick Records which are kept in the Tower of London, in which the Dominion of the Sea is expresly Asserted, as belonging to the Kings of England; We Read, that Edward the Third in his Commissions given to Geoffery de Say, Rot. Scotia 10. Edvar. Governour or Commander of the Western and Southern Seas, and to John de Norwich of the Northern, expresseth himself in these following words: We calling to mind, that our Progenitors▪ the Kings of England, [Page 34] having before these times been Lords of the English Sea on every side, yea and Defendors thereof against the Invasions of Enemies, do strictly Require and Charge you by the Duty and Allegiance wherein you stand bound, that you set forth to Sea with the Ships of the Ports, and the other Ships that are ready, and that you Arrest the other ships under our Command, and that with all Diligence you make search after the Gallies and Ships of War that are abroad against Us, and that stoatly and manfully you set upon them if they shall presume to bend their Course towards any part of our Dominions, or the Coasts of Scotland, &c. Then followeth a Power to Press Seamen, and other matters of that kind.
We read also in the Reign of the said King, in the preferring of a certain Bill in Parliament (which is the voice of the Estates of the Realm) that he was usually accounted King or Sovereign of the Seas by all Nations; The words in French are to this sence in English; Rot. Parli. 46. Edv. 3. The Nation of the English were ever in the Ages past Renowned for Sea-Affairs in all Countries near the Seas, and they bad also so numerous a Navy, that the People [Page 35] of all Countries Esteemed, and called the K. of Engl. the K. or Sovereign of the Sea.
Another Testimony to the same Effect we read in the Parliamentary Records of Henry the Fifth, where the Tenour of the Bill runs after this manner: The Commons do pray, that seeing our Sovereign Lord the King, and his Illustrious Progenitors have ever been Lords of the Sea, Rot. Parli. 8. Hen. 5. and now seeing through Gods Grace it is so come to pass, that our Lord the King is Lord of the Shores on both sides of the Sea, such a Tribute may be imposed upon all Strangers passing through the said Sea, for the Benefit and Advantage of our said Lord the King, as may seem agreeable to reason, for the safegard of the said Sea. The Answer subscribed to the said Bill, was, Soit avise par le Roy, which is, Let the King Himself be advised of it. For the King at that time Resided in France, being Lord of that Country, as well by Conquest, as Inheritance; And Humphrey Duke of Glocester was then President of the Parliament, and Leivtenant of England, by whom as the Kings Deputy that Answer was given to the said Bill; but when the King was present [Page 36] in person, Le Roy S' advisera, the King will Advise, was the Answer from the Antient, down to our present times, in such Bills as were to be passed into Acts; Many other Testimonies in this Nature may be produced, which for brevities sake are purposely omitted.
Neither hath the High Court of Parliament onely given this Attestation to our Kings, as Supream and Sovereign of the Seas: But to confirme it, we shall produce the Testimonies of Robert Belknap, Rich. 2. Fitz Herbert Tit. protection, 46. an Eminent Judge in the Time of Richard the Second, who affirmeth, that the Sea is Subject to the King, as a part of his Kingdom, or of the Patrimony of the Crown; And it appeareth by Publick Records, containing diverse main points, touching which the Judges of the Land were to be consulted for the good of the Common-Wealth, that the Kings Sea-Dominion, Edw. Cook part 5. fol. 108. & in Com. ad Littleton, Sect. 439. fol. [...]60. which they called, The Antient Superiority of the Sea, was a matter out of Question amongst all Lawyers of that Age, and Asserted by the Determinations and Customes of the Law of the [Page 37] Land, and by the express words of the Writs and Forms of the Actions themselves.
Neither is this Truth confirmed only by our Laws, but by our Medals. There hath been a piece of Gold very often Coyned by our Kings, called a Rose-Noble, which was stamped on the one side of it with a Ship, floting in the Sea, and a King Armed with a Sword and Shield, sitting in the Ship it self, as in a Throne, to set forth a Representation of the English K. by Sea: The first Authour hereof was Edward the Third, when he Guarded his own Seas with a Numerous Navy, consisting of Eleven Hundred ships, at which time, as at others he marched victoriously through France: But what need we labour to produce so many Testimonies at home from our Records in the Tower and other places, from our High Courts of Parliament, from our Laws, from our Coyns, & from our Histories, to prove this Truth; since it is acknowledged even by Forreigners themselves whom it most concerneth, by their usual striking of sayles, according to the antient [Page 38] Custom by every ship of any Forreign Nation whatsoever, if they sayle near the Kings Navy, or any ship belonging to it at Sea, which is done not onely in Honour to the English King, but also in acknowledgement of His Sovereignty, and Dominion at Seas. The Antiquity of this Custome, and that it hath been in use for above these Four Hundred years may appear by this following testimony: At Hastings, a Town scituate upon the Shore of Sussex, it was Decreed by K. John, in the Second Year of His Reign, with the Assent of His Peers, That if the Governour, or Commander of the Kings Navy in His Naval Expeditions shall meet with any Ships whatsoever by Sea, either Laden or Empty, M •. Commentar de Rebus Admiral, fol. 28. that shall refuse to strike their sayles at the Command of the Kings Governour or Admiral, or his Lievtenant, but make resistance against any who be long unto his Fleet, that then they are to be reputed Enemies, and if they be taken, their Ships and Goods to be Consiscated, as the Goods of Enemies; And that, although the Masters or Owners of the Ships shall Alledge afterwards, that the same Ships and Goods do belong to the Friends and Allies of our Lord [Page 39] the King, yet the persons who shall be found in these Ships, are to be punished with Imprisonment at discretion, for their Rebeltion. It was accounted Treason (saith Master Selden) If any ship what soever had not acknowledged the Dominion of the King of England in His own Sea by striking sayle, and they were not to be protected upon the Account of Amity, who should in any wise presume to do the contrary; Penalties were also appointed by the Kings of England in the same manner, as if mention were made concerning a Crime committed in some Territory of his Land.
But above all, that as yet hath been said, there can hardly be alledged a more convincing Argument, to prove the Truth of all that hath hitherto been spoken, then the Acknowledgement of the Sea-Dominion of the King of England by very many of our Neighbouring Nations. At what time the Agreement was made by Edward the First of England, and Philip the Fair of France, Reyner Grimbald, Governour of the French Navy, Intercepted and Spoyled, on the English Seas, the Goods of many Merchants that were going to [Page 40] Flanders, as well English, as Others, and not contented with the Depredation of their Goods, Rot. Parl. 31 Edw. 1. Membran. 16. He Imprisoned also their Persons, and delivered them up to the Officers of the King of France, and in a very insolent manner justified his Actions in Writing, as done by Authority of the King his Masters Commission. This being alledged to be done to the great Damage and Prejudice of the King of England, the Prelats, Peers, and the rest of the Nation, a Bill against Reyner Grimbald, was exhibited, and managed by Procurators on the behalf of the Prelates, Peers, and of the Cities and Towns throughout England, and lastly, of the whole English Nation, by an Authority (as I believe) of the Estates Assembled in Parliament; with these were joyned the Procurators of most Nations bordering upon the Sea throughout Europe, (Viz.)
- The Genoeses,
- The Catalonians,
- The Spaniards,
- The Almayns,
- The Zealanders,
- The Hollanders,
- The Freislanders,
- The Danes,
- The Noruegians,
- The Hamburghers, &c.
[Page 41] All these instituted a Complaint against Reyner Grimbald who was Governour of the French Navy, Ibidem ut Supra. in the time of the. War of Philip King of France, and Guy Earle of Flanders; And all these Complainants in their Bill do joyntly affirm, that the King of Englandand his Predecessors have time out of minde and without Controversie, Enjoyed the Soveraignty and Dominion of theEnglish Seas, and the Isles belonging to the same by Right of their Realm of England, that is to say, by Prescribing Laws, Statutes and Prohibitions of Armes, and of Ships otherwise furnished, then with such necessaries, and Commodities as belong to Merchants, and by demanding Security, and affording protection in all places where need should require, and ordering all other things necessary for the conservation of Peace, Right, and Equity between all sorts of People passing through that Sea, as well Strangers as others in Subjection to the Crown ofEngland; Also that they have had, and have the Soveraign Guard thereof with all manner of Cognisance, and Jurisdiction in doing Right and Justice, according to the said Laws, Ordinances and Prohibitions, [Page 42] and in all other matters which may concern the Exercise of Soveraign Dominion in the said places.
This is the Declaration of the Nations above named, manifestly acknowledging the Sovereignty and Dominion of our Kings over the Seas, and thereupon demanding protection for themselves; Tilius in Recucil. destraictes, fol. 4. But more particularly we do finde an acknowledgment of the Sea-Dominions of the Kings of England, made by the Flemmings themselves in the Parliament of England, in the Reign of Edward the Second; the Records of the Parliament speak it thus.
In the Fourteenth Year of the Reign ofEdward the Second, Rot. Parl. 14. Edvar. 2. Membran 26. there appeared certain Ambassadours of the Earl of Flanders, to Treat about the Reformation of some Injuries they received; and as soon as the said Ambassadours had been admitted by our Lord the King to Treat of the said Injuries, amongst other particulars they required, that the said Lord the King would at his own Suit, by Vertue of his Royal Authority, cause Enquiry to be made, and do Justice about a Depredation by the Subjects of England [Page 43] upon the English Seas, taking Wines and other sort of Merchandizes belonging to certain Merchants of Flanders, towards the parts of Crauden within the Territory and Jurisdiction of the King of England; Alledging that the said Wines and other Merchandizes taken from the Flemmings were brought within the Realm, and Jurisdiction of the King, and that it belonged to the King to see Justice done, in Regard thatHE IS LORD OF THE SEA, and the aforesaid Depredation was made upon the said Sea within his Territory, and Jurisdiction,&c. This we have Cited out of the Parliament Records which may Declare an Acknowledgement of the Sea-Dominion of our Kings, made by those Foreign and Neighbour-Nations who were most concerned in the Business.
Having given you thus (besides the Attestation of our own Writers) the acknowledgment of Foreign Nations, that the King of England hath the Dominion of the Seas; we shall now come to give you an Account of those Northern Seas, which came unto the Subjection of the Kings of England, at [Page 44] what time King James of Blessed Memory by reducing the two Nations into one Great Brittanie United the Crown of Scotland to the Crown of England. Odericus in his Ecclesiastical History informs us, that the Orcades was subject heretofore to the King of Norway, and that the people of the Orcades do speak the Gothish Language to this day; these Isles are Numerous, and onely Twenty Eight of them are at this day Inhabited. Above One Hundred Miles beyond the Orcades towards Norway, are the Shetland Isles in Number Eighteen, which are at this day Inhabited, and in subjection to the King of Scotland; Cambd. in Insul. Britan. p. 849. concerning which, there hath been a great Quarrel in former Ages between the Scots and Danes, but the Dane kept the Possession. All these Islands, did Christiern King of Denmark peaceably Surrender, together with his Daughter in Marriage, to James King of Scots, until that either he himself or his Posterity paid to the Scottish King or his Successors the sum of Fifty Thousand Rhenish Florens, which were never discharged to this [Page 45] day; But afterwards when the Queen had been delivered of Her Eldest Son, the Danish King being willing to Congratulate his Daughters good Delivery, did for ever Surrender his Right in the Islands of the Orcades, Shetland, & the rest unto the Scottish King. This was in the days of James the Third of Scotland in the Year, 1468. A Claim was afterwards laid to Iseland, by Q. Elizabeth, And her Successor K. James the Sixth of Scotland, Cambden Annal. Elizab. and first of England, hath a Dominion in the Sea which lieth farr more Northerly then Iseland which is that of Greenland; For that Sea having never been entred by Occupation, nor used in the Art and Exercise of Fishery, was first of all rendered very gainful through a peculiar Fishing for Whales by those English Merchants of the Muscovie Company, who first Sailed that way. The use of a Sea never entred by Occupation, and such a kinde of profit being first discovered, doth according to the manner of the Claim give a Dominion to the Discoverer, who claims it in the Right of another, as here in the Name of the [Page 46] Sovereign of England; Upon which ground it was, that King James in his Letters of Credence given to his Ambassadour in Holland, Sir Henry Wotton did very justly say that the Fishing in the North Seas was His onely, and His by Right.
In the Seventh year of the Reign of King Iames, this Right was more strenuously asserted by Proclamation, and all persons excluded from the use of the Seas upon our Coasts, without particular License; the Grounds whereof you have here set down in the Proclamation it self.
A Proclamation, Touching Fishing.
Although we do sufficiently know by Our Experience in the Office of Regal Dignity (in which, by the Favor of Almighty God, We have been [Page 47] placed and exercised these many years) as also by the observation which We have made of other Christian Princes exemplarie actions, how farr the absolutenesse of Sovereign Power extendeth it self, and that in regard thereof, We need not yield account to any person under God, for any action of Ours, which is lawfully grounded upon that Iust Prerogative: Yet such hath ever béen, and shall be Our care and desire to give satisfaction to Our Neighbour-Princes, and Friends in any action which may have the least relation to their Subjects and Estates, as We have thought good (by way of friendly premonition) to declare unto them, and to whomsoever it may appertain as followeth.
Whereas we have been contented since Our coming to the Crown, to tolerate an indifferent and promiscuous kinde of liberty to all Our Friends whatsoever, to Fish within Our Streams, and upon any of Our Coasts of Great Brittain, Ireland, and other adjacent Islands, so farr forth as the permission or use thereof might not re [...]ound to the impeachment of Our Prerogative Royal, nor to the Hurt and Damage of our loving Subjects, whose prefer [...]ation and flourishing Estate We hold Our self principally bound to advance before all worldly respects: So finding that Our continuance therein, hath not onely [Page 48] given occasion of over-great encroachments upon Our Regalities, or rather questiening of Our Right, but hath béen a means of daily wrongs to Our own People that exercise the Trade of Fishing, as (either by the multitude of strangers which do pre-occupie those places, or by the injuries which they receive most commonly at their hands) Our Subiects are constrained to abandon their Fishing, or at least are become so discouraged in the same, as they hold it better for them, to betake themselves to some other course of living; whereby not onely divers of Our Coast-Towns are much decayed, but the number of Mariners daily diminished, which is a matter of great consequence to Our Estate, considering how much the strength thereof consisteth in the Power of Shipping and use of Navigation; We have thought it now both just and necessary (in respect that Wée are now by God's favor lineally and lawfully possessed, as well of the Islands of Great Brittain, as of Ireland, and the rest of the Isles adjacent) to bethink Our selves of good lawful means to prevent those inconveniences and many others depending upon the same. In consideration whereof, as We are destrous that the world may take notice, that we have no intention to denie Our Neighbours and Allies, those fruits [Page 49] and benefits of Peace and Friendship, which may be justly expected at Our hands in Honour and Reason, or are afforded by other Princes mutually in the point of Commerce, and Exchange of those things which may not prove prejudicial to them: so because some such convenient order may be taken in this matter, as may sufficiently provide for these important considerations which do depend thereupon; We have resolved first to give notice to all the world that Our Express Pleasure is, That from the beginning of the Moneth of August next coming, no Person of what Nation or Quality soever, being not Our natural born Subject, be permitted to Fish upon any of Our Coasts & Seas of Great Brittain, Ireland, and the rest of the Isles adjacent, where most usually heretofore any Fishing hath béen, until they have orderly demanded and obtained Licenses from Us, or such Our Commissioners, as we have Authorised in that behalf, viz. at London for Our Realms of England and Ireland, and at Edenborough for Our Realm or Scotland; which Licenses Our intention is, shall be yearly demanded, for so many Vessels and Ships, and the [...] thereof, as shall intend to Fish for that whole year, or any part thereof, upon any of Our Coasts, and Seas as aforesaid, upon pain of such chastisement, [Page 50] as shall be [...] to be inflicted upon such wilful Offendors.
Given at our Palace of Westminster the 6. day of May in the 7 th. year of Our Reign of Great Brittain▪ Anno Dom. 1609.
Notwithstanding this Proclamation, the Netherlanders proceeded still in their way of encroachment upon our Seas and Coasts, through the whole Reign of King James, and were at length so bold as to contest with him, and endeavour to quarrel His Majesty out of his Rights, pretending, because of the long connivence of Himself and Queen Elizabeth, that they had a Right of their own by Immemorial Possession; which some Commissioners of theirs that were sent over hither, had the confidence to plead in Terminis, to the King and his Council. And though the King, out of his tenderness to them insisted still upon his own Right, by his Council to those Commissioners, and by his Ambassadour to their Superiors, yet they made no other use of his indulgence, than to tire [Page 51] out his whole Reign, The Hollanders Insolence. and abuse his patience by their artificial Delays, Pretences, Shifts, Dilatorie Addresses, and Evasive Answers. And all that the King gained by the tedious disputes, overtures, and dispatches to and again, was in conclusion onely a Verbal acknowledgment of those Rights; which at the same time that they acknowledged, they usually designed to invade with much more insolence than before. But you have the main of what passed in those days in this particular, with their insolent demeanour, lively described in these following Collections, taken out of several Dispatches that passed betwixt Secretarie Naunton, and Sir Dudly Carlton Lord Ambassadour from the King, to the States of the United Provinces.
In a Letter of Secretarie Naunton's to the said Ambassadour, dated at Whitehall the 21. of December 1618. I finde these passages.
I Must now let your Lordship know, that the States Commissioners and Deputies both, having attended His Majesty at New-Market, and there presented their Letters of Credence, returned to London on Saturday was a seven-night, and upon Tuesday had Audience in the Council-Chamber; where being required to communicate the points of their Commission, they delivered their meditated Answer at length, The Lords upon perusal of it, appointed my Lord Bining and me to attend His Majesty for directions, what Reply to return to this Answer of theirs; which I represented to their Lordships yesterday to this effect: That his Majesty found it strange, that they having been so often required by your Lordship His Majesties Ambassadour, as from himself, in their publique Assembly, to send over Commissioners [Page 53] fully Authorized to Treat and Conclude, not onely of all differences grown between the Subjects of both States, touching the Trade to the East-Indies, and the Whale-Fishing, and to Regulate and settle a Joynt and an even Traffick in those Quarters, but withal to take order for a more indifferent course of determining other Questions, growing between our Merchants and them about their Draperies and the Tare; And more especially to determine his Majesties Right for the sole Fishing upon all the Coasts of his Three Kingdoms, into which they had of late times incroached farther then of Right they could; And lastly, for the reglement and reducing of their Coyns to such a proportion and correspondence with those of his Majesties and other States, that their Subjects might make no Advantage to transport our Monies by inhansing their valuation there: All which they confessed your Lordship had instanced them for in his Majesties Name; that after all this attent on his Majesties part, and so long deliberation on theirs, they were come at last with [Page 54] a Proposition to speak only to the two first points, and instructed thereunto with bare Letters of Credance only, which His Majesty takes for an Imperious fashion of proceeding in them, Their Imperious fashion of Treating. as if they were come hither to Treat of what themselves pleased, and to give Law to His Majesty in his own Kingdom, and to propose and admit of nothing but what should tend meerly to their own ends.
To the second; Whereas they would decline all debate of the Fishings upon His Majesties Coasts, first by Allegations of their late great Losses and an Esmeute of their people, who are all interessed in that Question, and would be like to break out into some combustion to the hazard of their State which hath lately scaped Naufrage, and is not yet altogether calmed; What is this put to raise an advantage to themselves out of their disadvantage? But afterwards they professe their lothnesse to call it in doubt or Question, claiming an immemorial possession seconded by the Law of Nations; To which His Majesty will have them told, that the [Page 55] Kings of Spain have sought leave to Fish there by Treaty from this Crown; and that the King of France (a nearer Neighbour to our Coast then they) to this day requests leave for a few Vessels to Fish for Provision of his own houshold; And that it appears so much the more strange to His Majesty, that they being a State of so late date, should be the first that would presume to question His Majesties Antient Right, so many hundred yeers inviolably possessed by His Progenitors, and acknowledged by all other Antient States and Princes. That themselves in theit publick Letters of the last of Iune, sent by your Lordship, seemed then to confirm their immemorial possession (as they term it) with divers Treaties, as are of the year, 1550. and another between His Majesties Predecessors and Charles the Fifth, as Prince of those Provinces, and not by the Law of Nations. To which their last Plea, His Majesty would have them told, that he being an Islander-Prince, is not ignorant of the Laws and Rights of his own Kingdoms, nor doth expect to be taught the [Page 56] Laws of Nations by them, nor their Grotius, whose ill thriving might rather teach others to disavow his Positions; and his honesty called in question by themselves, might render his Learning as much suspected to them, as his Person. This His Majesty takes for an high point of his Soveraignty, and will not have it slighted over in any fashion whatsoever.
Thus I have particulated unto you the manner of our proceeding with them; Let them advise to seek leave from His Majesty, and to acknowledge Him, His Right, as other Princes have done, and do; or it may well come to passe, that they that will needs bear all the World before them, by their Mare Liberum, may soon come to have neither Terram & Solum, nor Rempublicam liberam.
And in a Letter of the said Lord Ambassadour Carlton to Secretary Naunton, of the 30. of December, 1618. from the Hague, we finde this Return, touching the business of Fishery.
WHether the final resolution here will be according to His Majesties desire, in that point concerning the Fishing upon the Coasts of His Three Kingdomes, I cannot say; And by somewhat which fell from the Prince of Orange, by way of Discourse when he took leave of me on Monday, last, at his Departure; I suspect it will not, in regard the Magistrates of these Towns of Holland, being newly placed, and yet scarce fast in their Seats, who do Authorize the Deputies which come hither to the Assembly of the States in all things they are to Treat and Resolve, will not Adventure for fear of the people, to determine of a Business, on which the livelihood of Fifty Thousand of the Inhabitants of this one single Province doth depend. I told the Prince, that howsoever His [Page 58] Majesty, both in Honour of His Crown and Person, and Interest of his Kingdoms, neither could nor would any longer desist, from having His Right acknowledged by this State, as well as by All other Princes and Commonwealths, especially finding the same openly oppugned both by their Statesmen, and men of War, as the Writings of Grotius, and the taking of John Brown the last year may testifie; yet this acknowledgment of a Right and a Due was no exclusion of Grace and Favour; and that the people of this Country paying that small Tribute upon every one of their Busses, (which is not so much as disputed by any other Nation whatsoever) such was His Majesties well-wishing to this State, that I presumed of his permission to suffer them to continue their course of Fishing; which they might use thereby with more Freedom, and less apprehension of molestation and let then before, and likewise spare the Cost of some of their Men of War, which they yearly send out to maintain that by force, which they may have of Courtesie.
[Page 59] The Prince answered, that for himself at His Return from Utrecht, he would do his best endeavour to procure His Majesty contentment, but he doubted the Hollanders would apprehend the same effect in their payment for Fishing, as they found in the passage of the Sound, where at first an easie matter was demanded by the King of Denmark, but now more exacted then they can possibly bear: And touching their Men of War, he said, they must still be at the same charge with them, because of the Pirates. Withal, he cast out a question to me, whether this freedom of Fishing might not be redeemed with a summ of money? To which I answered, It was a matter of Royalty more then of Utility, though Princes were not to neglect their profit.
And in another Letter of the said Lord Ambassadour from the Hague to Secretary Naunton, of the 14. of January, 1618. He gives him to understand, That having been expostulated with, but in friendly manner, by certain of the States about his late Proposition, as unseasonable [Page 60] and sharp, they said, they acknowledge their Commissioners went beyond their limits in their terms of Immemorial possession and immuable Droict de Gens; for which they had no order. Then, saith he, I desire them to consider, what a wrong it is to challenge that upon right, which these Provinces have hitherto enjoyed, either by connivence or courtesie, and yet never without claim on His Majesties side, &c.
In another Letter of Secretary Naunton's to the Lord Ambassadour Carlton, of the 21. of January, 1618. we read thus:
AS I had dictated thus far, I received direction from His Majesty to signifie to the States-Commissioners here; That albeit their earnest entreaty and His Gracious consideration of the present trouble of their Church and State, had moved His Majesty to consent to delay the Treaty of the great Fishing▪ till the time craved by the [Page 61] Commissioners; yet understanding by newand fresh complaints of His Martiners and Fishers upon the Coasts of Scotland, that within these four or five last years, the Low-Country-Fishers have taken so great advantage of His Majesties Tolleration, that they have grown nearer and nearer, upon His Majesties Coasts year by year, then they did in preceeding Times, without leaving any Bounds for the Country. People and Natives to Fish upon their Prince's Coasts, and oppressed some of His Subjects of intent to continue their pretended possession; and driven. some of their great Vessels through their Nets to deter others by fear of the like violence from Fishing near them, &c. His Majesty cannot forbear to tell them that he is so well perswaded of the Equity of the States, and of the Honourable respect they bear unto him, and to His Subjects for His sake, that they will never allow so unjust and intolerable Oppressions; for restraint whereof, and to prevent the inconveniences which must ensue, upon the continuance of the same. His Majesty hath by [Page 62] me desired them to write to their Superiours to cause Proclamation to be made, prohibiting any of their Subjects to Fish within Fourteen Miles of His Majesties Coasts this year, or in any time hereafter, untill order be taken by Commissioners to be authorised on both sides, for a final setling of the main business. His Majesty hath likewise directed me to command you from Him, to make the like Declaration and Instance to the States there, and to certifie His Majesty of their Answer, with what convenient speed you may.
Now what effect the Ambassadour's Negotiation with the States had, appears by a Letter of his from the Hague, of the 6. of February, 1618. to Kings James himself, where, among other passages he hath this.
I finde likewise in the manner of proceeding, that treating by way of [Page 63] Proposition here, nothing can be exspected but their wonted dilatory and evasive Answers; their manner being to resey such Propositions, from the States General to the States of Holland. The States of Holland take advice of a [...] Council residing at Delph, which they call the Council of the Fishery. From them such an Answer commonly comes, as may be expected from such an Oracle. The way therefore (under correction) to effect Your Majestiesintent, is to begin with the Filhers themselves, by publishing, against the time of their going out, Your resolution, at what distance You will permit them to Fish, whereby they will be forced to have recoursero their Council of Fishery; that Council to the States of Holland; and those of Holland to the States-General, who then in place of being sought unto, will for contentment of their Subjects, seek unto Your Majesty.
A Proclamation by King Charles the First, For restraint of Fishing upon His Seas and Coasts without Lisence.
WHere as Our Father of Blessed Memory Kings James, did in the Seventh Year of His Reign of Great, Brittain, set forth a Proclamation touching Fishing whereby for the many important Reasons therein expressed, all Persons, of what Nation of Quality soever (being not His Natural born [...]) were restrained from fishing upon [...] the Coasts and Seas of Great Brittain, Ireland, and the rest of the Istes adjacent, where most usually heretofore Fishing had been, until they had orderly demanded, and obtained Licenses from Our said Father, [...] Commissioners in that behalf, upon pain of such [...]sement as should be fit to be inflicted upon such wilful Offendors: since which time, albeit neither Our said Father, nor Our Self have made any considerable execution of the said Proclamation, but have with much Patience expected a voluntary conformity of Our [Page 65] Neighbours and Allies, to so just and reasonable Prohibitions and Directions as are contained in the same.
And now finding by experience, that all the inconveniences which occasioned that Proclamation, are rather increased then abated: We being very sensible of the premises, and well knowing how farr We are obliged in Honour to maintain the rights of Our Crown, especially of so great consequence, have thought it necessary, by the Advice of our Privy Council to renew the aforesaid restraint of Fishing upon Our aforesaid Coasts & Seas, without License first obtained from Us, and by these presents to make publick Declaration, that Our resolution is (at times convenient) to keep such a competent strength of Shiping upon Our, Seas, as may (by God's blessing) be sufficient, both to hinder such further encroachments upon Our Regalties, and as [...]t and Pro [...] those Our God Friends and Allies who shall henceforth, by virtue of Our Licenses (to be first obtained) endeavour to take the benefit of Fishing upon Our Coasts and Seas, in the places accustomed.
Given at our Palace of Westminster the 10 day of May, in the Twelfth year of our Reign of England, Scotland, France and Ireland.
BY Your Letters and otherwise, I perceive many jealousies and discourses are raised upon the preparations of His Majesties Fleet, which is now in such forwardness, that we doubt not but within this Month it will appear at Sea. It is therefore expedient both for your satisfaction and direction, to inform you particularly what was the occasion, and what is His Majesties intention in this work.
First, we hold it a principle not to be denied, That the King of Great Brittain, is a Monarch at Land and Sea to the full extent of His Dominions, and that it concerneth him as much to maintain His Soveraignty in all the British Seas, as within His three Kingdoms because without that, these cannot be kept safe; nor he preserve [Page 68] his honour and due respect with other Nations. But commanding the Seas, he may cause his Neighbours and all Countries to stand upon their guard whensoever he thinks fit. And this cannot be doubted that whosoever will encroach upon him by Sea, will do it by Land also when they see their time. To such presumption Mare liberum gave the first warning-piece, which must be answered with a defence of Mare clausum: not so much by Discourses, as by the louder Language of a powerful Navy, to be better understood, when overstrained patience seeth no hope of preserving her Right by other means.
The Degrees by which his Majesties Dominion at Sea hath of latter years been first impeached and then questioned, are as considerable as notorious.
First, to cherish, and as it were to nourish up our unthankful Neighbors, We gave them leave to gather wealth and strength upon our Coasts, in our Ports, by our Trade, and by our People. Then they were glad to invite our Merchants Residence, with what priviledges they would desire. Then [Page 69] they offered to us even the Soveraignty of their Estates, and then they sued for License to Fish upon the Coasts, and obtained it under the Great Seal of Scotland, which now they suppresse. And when thus by leave or by connivence, they had possessed themselves of our Fishings, not onely in Scotland, but in Ireland and England, and by our Staple had raised a great stock of Trade; by these means they so encreased their Shiping and power at Sea, that now they endure not to be kept at any distance: Nay, they are grown to that confidence to keep guards upon our Seas; and then to project an Office and Company of Assurance for the Advancement of Trade; and withal, prohibit us free commerce even within our Seas, and take our Ships and goods, if we conform not to their Placarts. What insolencies and cruelties they have committed against us heretofore, in Ireland, in Greenland, and in the Indies, is too well known to all the world. In all which, though our sufferings and their wrong may seem forgotten, yet the great interest of His Majesties [Page 70] honour, is still the same, and will refresh their Memories as there shall be cause. For, though charity must remit wrongs done to private men, yet the reflection upon the publick may make it a greater charity to do Justice on crying crimes. All this notwithstanding, you are not to conceive that the work of this Fleet, is either revenge or execution of Justice for these great offences past, but chiefly for the future to stop the violent Current of that presumption whereby the Men of War and Free-booters of all Nations (abusing the favour of His Majesties peaceable and gracious Government, whereby he hath permitted all His Friends and Allies, to make use of His Seas and Ports in a reasonable and free manner, and according to his Treaties) have taken upon them the boldness, not only to come confidently at all times into all his Ports and Rivers, but to convey their Merchants ships as high as his chief City, and then to cast Anchor close upon his Magazins, and to contemn the Commands of his Officers, when they required a farther distance: [Page 71] stance: But which is more intolerable, have assaulted and taken one another within his Majesties Chamber, and within his Rivers, to the scorn and contempt of his Dominion and Power; and this being of late years an ordinary practice which we have endeavoured in vain to reform by the ways of Justice and Treaties, the world I think will now be satisfied, that we have reason to look about us. And no wise man will doubt that it is high time to put our selves in this Equipage upon the Seas, and not to suffer that Stage of Action to be taken from us for want of our appearance.
So you see the general ground upon which our Counsels stands. In particular, you may take notice, and publish as cause requires, That His Majesty by this Fleet intendeth not a Rupture with any Prince or State, nor to infringe any point of his Treaties; but resolveth to continue and maintain that happy peace wherewith God hath blessed his Kingdom, and to which, all his Actions and Negotiations have ohitherto tended, as by your own instructions [Page 72] you may fully understand. But withal considering, that Peace must be maintained by the arme of power, which onely keeps down War by keeping up Dominion; His Majesty thus provoked, finds it necessary even for his own defence and safety, to re-assume and keep his antient and undoubted Right in the Dominion of these Seas, and to suffer no other Prince or State to encroach upon him, thereby assuming to themselves or their Admirals, any Soveraign command: but to force them to perform due homage to his Admirals and Ships, and to pay them acknowledgements, as in former times they did. He will also set open and protect the free Trade both of his Subjects and Alies: And give them such safe Conduct and Convoy, as they shall reasonably require. He will suffer no other Fleets or Men of War to keep any guard upon these Seas, or there to offer violence or take prizes or booties, or to give interruption to any lawfull intercourse. In a word, his [Page 73] Majesty is resolved, as to do no wrong, so to do Justice both to his Subjects and Friends, within the limits of his Seas. And this is the real and Royal design of this Fleet, whereof you may give part as you finde occasion to our good Neighbours in those parts, that no Umbrage may be taken of any hostile act or purpose to their prejudice in any kinde. So wishing you all health and happiness, I rest
The inestimable Riches and Commodities of the Brittish Seas
THe Coasts of Great Brittain do yield such a continual Sea-harvest of gain, and benefit to all those that with diligence do labour in the same, that no time or season in the year passeth away without some apparent means of profitable imployment, especially, to such as apply themselves to Fishing, which from the beginning of the year unto the latter end, continueth upon some pat or other of our Coasts, and therein such infinite sholes and multitudes of Fishes are offered to the Takers as may justly move admiration, not onely to strangers, but to those that daily be imployed among them.
The Summer-Fishing for Herring, beginneth about Midsummer, and lasteth some part of August.
The Winter-Fishing for Herring, lasteth from September to the middle of [Page 75] November, both which extend in place from Boughones in Scotland, to the Thames mouth.
The Fishing for Cod at Alamby, Whirlington, and White Haven, near the Coast of Lancashire, from Easter untill Whitsontide.
The Fishing for Hake at Aberdenie, Abveswhich, and other places between Wales and Ireland, from Whitsontide to Saint James-tide.
The Fishing of Cod and Ling, about Padstow, within the Land, and of Severn from Christmas to Mid-lent.
The Fishing for Cod on the Westpart of Ireland frequented by those of Biscay, Galicia, and Portugal, from the beginnig of April untill the end of June.
The Fishing for Cod and Ling on the North, and North-East of Ireland, from Christmas until Michaelmas.
The Fishing for Pilchers on the West coast of England from Saint James-tide until Michaelmas.
The Fishing for Cod, and Ling upon the North-East of England, from Easter untill Midsummer.
[Page 76] The Fishing of great Staple-Ling, and many other sorts of Fish lying about the Island of Scotland, and in the several parts of the Brittish Seas all the year long.
In September, not many years since, upon the Coast of Devonshire, near Minigal, Five Hundred Tun of Fish were taken in one day. And about the same time three thousand pounds worth of Fish in one day were taken at Saint Ives in Cornwall by small Boats, and other poor provisions.
Our five-men-Boats, and cobles adventuring in a calm to launch out amongst the Holland Busses, not far from Robinhood's Bay returned to Whitbie full fraught with Herrings, and reported that they saw some of those Busses take Ten, Twenty, Twenty four lasts, at a draught, of Herrings, and returned into their own Country with Forty, Fifty, and an Hundred Lasts of Herrings in one Buss.
Our Fleet of Colliers not many years since, returning from Newcastle, laden with Coals, about the Well, near Flanborough-Head, and Scarborough, met [Page 77] with such multitudes of Cod, Ling and Herring, that one amongst the rest, with certain ship-hooks, and other like instruments, drew up as much Cod, and Ling in a little space of time, as were sold well near for as much as her whole Lading of Cole. And many Hundred of ships might have been there laden in two dayes and two nights.
Out of which wonderfull affluence, and abundance of Fish swarming in our Seas, that we may the better perceive the infinite gain which Forreign Nations make, I will especially insist upon the Fishing of the Hollanders in our Coasts, and thereby shew how by this means principally they have increased.
- 1. In Shipping.
- 2. In Mariners.
- 3. In Trade.
- 4. In Towns and Fortifications.
- [Page 78] 5. In Power extern or abroad.
- 6. In publick Revenue.
- 7. In private Wealth.
- 8. In all manner of Provisions; and store of things Necessarie.
1. Encrease of Shipping.
BEsides Seven Hundred Strand-Boats, Four Hundred Evars, and Four Hundred Sullits, Drivers and Tod-boats, wherewith the Hollanders Fish upon their own Coasts, every one of those imploying another Ship to fetch Salt, and carry their Fish into other Countries, being in all, Three Thousand Sayle, maintaining and setting on work at least Four Thousand persons, Fishers, Tradesmen, Women and Children; They have One Hundred [Page 79] Doyer Boats, of One Hundred and Fifty Tuns apiece, or there abouts; Seven Hundred Pinks, and Well-Boats from Sixty to One Hundred Tuns apiece, which altogether Fish upon the Coasts of England and Scotland for Cod, and Ling onely. And each of these employ another Vessel for providing of Salt, and transporting of their Fish, making in all One Thousand Six Hundred ships, which maintain and employ persons of all sorts, Four Thousand at least.
For the Herring-season, they have One Thousand Six Hundred Busses at the least, all of them Fishing onely upon our Coasts from Boughonness in Scotland to the mouth of Thames. And every one of these maketh work for three other ships that attend her; the one to bring in Salt from Forreign parts, another to carry the said Salt, and Cask to the Busses, and to bring back their Herrings, and the third, to Transport the said Fish into Forreign Countries. So that the Total Number of Ships and Busses plying the Herring. Fare, is, Six Thousand Four Hundred; [Page 80] whereby every Busse, one with another, imployeth Forty Men, Mariners and Fishers within her own Hold, and the rest Ten Men a piece, which amounteth to One Hundred Twelve Thousand Fishers and Mariners. All which maintain double, if not treble so many Tradesmen, Women, and Children a land.
Moreover, they have Four Hundred other Vessels at least, that take Herring at Yarmouth, and there sell them for ready money: so that the Hollanders (besides Three Hundred ships before-mentioned fishing upon their own shores) have at least Four Thousand Eight Hundred ships only maintained by the Seas of Great Brittain, by which means principally Holland being not so big as one of our shires of England, containing not above Twenty Miles in length, and three in breadth, have encreased the number of their shipping, to at least Ten Thousand sayle, being more then are in England, France▪, Spain, Portugal, Italy, Denmark, Poland, Sweden, and Russia. And to this number they add every day, although their Country [Page 81] it self affords them neither materials, or victual, nor merchandise to be accounted of towards their setting forth.
Besides these of Holland, Lubeck hath Seven Hundred great ships, Hamborough Six Hundred, Embden Fourteen Hundred, whereunto add the ships of Bremer, Biscay, Portugal, Spain, and France, which for the most part fish in our Seas, and it will appear that Ten Thousand sayle of Forreign Vessels and above, are employed and maintained by fishing upon our Coasts. So that in Holland there are built a thousand sayle at the least to supply ship-wracks, and augment their store, which as the Prince, and common Nursery, is the chiefest means onely to encrease their number.
2. Encrease of Mariners.
THe number of ships fishing on our Coasts, as being aforesaid Eight Thousand Four Hundred. If we allow [Page 82] but twenty persons to every Ship one with another, the total of Mariners and Fishers, amounteth to One Hundred sixty eight Thousand, out of which Number they daily furnish their longer Voyages to all parts of the World; for by this means they are not onely enabled to brook the Seas, and to know the use of the Tackles and Compass, but are likewise instructed in the Principles of Navigation, and Pilotage; 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 their Voiages our Herring, and other Fish for the maintenance of the same. In exchange whereof they return [Page 83] the several commodities of other Countries.
From the Southern parts, as France, Spain, and Portugal, for our Herrings they return Oyles, Wines, Prunes, Honie, Wools, &c. with store of Coin in Specie.
From the Straits, Velvets, Sattins, and all sorts of Silks, Alums, Currans, Oyles, and all Grocerie-ware, with much monie.
From the East-Countries for our Herrings, and other French and Italian commodities before returned, they bring home Corn, Wax, Flax, Hemp, Pitch, Tar, Sope-Ashes, Iron, Copper, Steel, Clap-board, Wainscot, Timber, Deal-board, Dollers, and Hungarie-Gilders.
From Germanie, for Herrings, and other salt Fish, Iron, Steel, Glass, Mil-stones, Renish-wines, Buttonplate for Armour, with other Munition; Silks, Velvets, Rashes, Fustians, Baratees, and such like Frankford-commodities, with store of Rix-dollers.
From Brabant they return for the most part ready mony with some Tapestries, [Page 84] and Hull-shop. Yea, some of our Herring are carried as farr as Braseil.
And that which is more strange and greatly to our shame, they have four hundred Ships with Fish, which our men of Yarmouth, within ken almost at land do vent our Herrings amongst us here in England, and make us pray for the Fish taken upon our own Coast ready mony, wherewith they store their own Country.
4. Encrease of Towns and Forts.
BY this their large extent of Trade, they are become as it were Citizens of the whole world, whereby they have so enlarged their Towns, that most of them within these four hundred years are full as great again as they were before; Amsterdam, Leyden, and Middleburgh having been lately twice enlarged and their steets and buildings so fair, and orderly set forth, [Page 85] that for beauty and strength, they may compare with any other in the world, upon which they bestow infinite sums of monies, all originally flowing from the bounty of the Sea, from whence, by their labour and industry, they derive the beginning of all that Wealth and Greatness, and particularly for the Havens of the aforesaid Towns whereof some of them cost forty, fifty, or an hundred thousand pound. Their Fortifications also both for Number, and strength, upon which they have bestowed infinite summs 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 Strengthened, and Fortified themselves at home to repel all Foreign Invasions, as lately in the War between [Page 86] them and Spain; but have likewise stretched their power into the East and West-Indies, in many places whereof, they are Lords of the Sea-Coasts, and have likewise fortified upon the Main, 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 party. So that, next to the English, they are now become the most redoubted Nation at Sea of any other whatsoever.
6. Encrease of Publick Revenue.
MOreover how mighty the publick Revenue, and Customes of that State are encreased by their Fishing, may appear in that above thirty years since, over and above the Customes of other Merchandize, Excises, [Page 87] Licenses, Waftage, and Lastage, there was paid to the State, for Custome of Herring, and other salt-Fish, above three hundred thousand pound in one year, besides the tenth Fish, and Cask paid for Waftage, which cometh at the least to as much more among the Hollanders onely, whereto the tenth of other Nations being added, it amounteth to a far greater sum.
We are likewise to know, that great part of their Fish is sold in other Countries for ready monies, for which they commonly export of the finest gold, and silver, and coming home recoin it of a baser allay, under their own stamp, which is not a small means to augment their publick Treasure.
7. Encrease of private Wealth.
AS touching their private Wealth, if we consider the abundant store of Herrings, and other Fish by them taken, and the usual prises that they are s [...]ld for, as also the multitude of tradesmen & Artizans, that by reason of this their fishing are daily set on work, we must needs conclude, that the gain thereof made by private men, must of necessity be exceeding great, as by observing the particulars following will plainly appear.
During the Wars between the King of Spain, and the Hollanders before the last Truce, D [...]nkirk by taking, spoiling, and burning the Busses of Holland, and setting great ransom upon their Fisher-men, enforced them to compound for great sums, that they might Fish quietly for one year; whereupon the next year after the Fisher-men agreed amongst themselves to pay a Doller upon every last of Herrings, towards the maintenance of certain Ships of War to waft and secure them in their [Page 89] Fishing, by reason whereof there was a Record kept of the several lasts of Herrings taken that year, and it appeared thereby, that in one half year there were taken thirty thousand lasts of Herrings which at twenty pound per last, amounteth to Three Millions six Hundred Thousand, and at sixteen, twenty, thirty pound the last, they are ordinarily sold, then transported into other Countries, it cometh at least to Five Millions, Whereunto if we add the Herrings taken by other Nations, together with the Cod, Ling, Hake, and the Fish taken by the Hollanders, and other our Neighbours upon the Brittish Coasts all the year long, the totall will evidently arise to be above Ten Millions.
The great Trade of Fishing imploying so many Men and Ships at Sea, must likewise necessarily maintain as great a Number of Trades-men, and Artizends on Land, as Spinners, and Hemp-winders to Cables, Cordage, Yarn-twine for Nets and Lines, Weavers to make Saile Cloaths, Cecive Packers, Tollers, Dressers, and [Page 90] Cowchers to sort and make the Herring lawful Merchandise. Tanners to Tan their Sails and Nets; Coopers to make Cask, Block, and Bowl-makers for Ships, Keel-men, and Labourers for carrying and removing their Fish, Sawyers for Planks, Carpenters, Shipwrights, Smiths, Carmen, Boat-men, Brewers, Bakers, and a number of others, whereof many are maimed persons, and unfit to be otherwise imployed. Besides the maintenance of all their several wives, and children, and families. And further every man and maid-servant, or Orphant, having any poor stock, may venture the same in their Fishing-Voiages, which affords them ordinarily great encrease, and is duly paid according to the Proportion of their Gain.
8. Encrease of Provisions.
AND to conclude, it is manifest that Holland only affording in it self some few Hops, Madders, Butter and Cheese aboundeth notwithstanding (by reason of this Art of Fishing) in plentiful manner with all kinde of Provisions as well for life, as in Corn, Beef, Muttons, Hides, and Cloaths; as for Luxury, in Wines, Silks and Spices; and for defence, as in Pitch, Tar, Cordage, Timber. All which they have not onely in comperent proportion for their use, but are likewise able from their several Magazines to supply their Neighbour-Countries.
The premises considered, it maketh much to the ignominy and shame of our English Nation, that God and Nature offering us so great a Treasure even at our own doors, we do notwithstanding neglect the benefit thereof, and, by paying Money to Strangers [Page 92] for the Fish of our own Seas, impoverish our selves to make them Rich. Insomuch that for want of industry and care in this particular, two hundred twenty five Fisher-Towns are decayed and reduced to extream poverty, whereas on the contrary by diligent endevouring to make use of so great a blessing, we might in short time repair these decayed Towns of the Kingdom, and add both honour, strength, and riches to our King and Country, which how easily it may be done, will appear by some few observations following.
By erecting Two Hundred and fifty Busses of reasonable strength and bigness, there will be employment made for a Thousand Ships, and for at least Ten Thousand Fisher-men and Mariners at Sea, and consequently for as many Tradesmen and Labourers at Land.
The Herrings taken by the Busses will afford His Majesty two hundred thousand pound yearly custom outward, [Page 93] and for commodities returned inward, thirty thousand pound and above.
We have Timber sufficient, and at reasonable rates, growing in our own Kingdom for the building of Busses, every Shire affordeth hardy and able men fit for such employment, who now live poorly and idle at home.
We have Victuals in great plenty sold at easie rates without payment of Excises, or Impost.
Our shores and harbours are near the places where the Fish do haunt.
For drink, or nets, salting and packing our Fish; and for succour in stress of weather, we may bring our Fish to Land, salt and pack it, and from some part of His Majesties Dominions be at our Markets in France, Spain, or Italy, before the Hollanders can arrive in Holland.
We have means to transport our Fishing into some Northern CounCountries, [Page 94] where the Hollanders seldome or never come. And though we had as many Busses as the Hollanders, yet is there vent for all, or more, for in the East and Northern Countries, and in many other places, Herrings are every days meat, Winter and Summer, as well to draw on drink, as to satisfie hunger, and in most places the greatest part of the year 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 several Kingdoms, and free States until July, which is for thirty weeks space together; so that when Lent comes, there are few to be bought for money.
Lastly, since by care and industry we gained from the Flemmings, doubtless so by the means we may as easily grow expert in the Art of Fishing, and in time make it a staple-commodity of our own.
But this we shall the better and sooner do, if we consider and endeavour to reform certain wants and abuses [Page 95] which hitherto have hindred us from effecting that good and great work, whereof these that follow are none of the least.
1. General liberty of eating Flesh contrary to old custom, and the Statute-Laws provided for observing Fish-day, from whence our scarcity and dearth of Fish proceedeth; for where Flesh is ordinarily spent, Fish will not be bought, and want of sale decayeth all Trade, gain being the Nurse of Industry.
2. Want of order and discretion in our Fishing, every man being left to himself and permitted to Fish as best liketh him: whereas amongst the Hollanders two of the best experienced Fisher-men are appointed to guide the rest of the Fleet, 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 June, to [Page 96] finde the shole of Fish, and having found it, dwell amongst it till November, whereas we stay till the Herring come home to our Rode-steads▪ and somtimes suffer them to pass by ere we look out, our Herring-Fishing conteining onely seven weeks at the most, and theirs twenty.
4. The Hollanders Busses are great and strong, and able to brook foul weather, whereas our Cobles, Crayers, and Boats being small, and thin sided, are easily swallowed by a rough Sea, not daring to adventure far in fair weather, by reason of their weaknesse for fear of Storms.
5. The Hollanders are industrious, and no sooner are discharged of their lading, but presently put forth for more, and seek for Markets abroad as well as at home; whereas our English after they have been once at Sea, do commonly never return again untill all the money taken for their Fish be spent, and they in debt seeking onely to serve the next Market.
[Page 97] 6. The Hollanders have certain Merchants, who, during the Herring-season do onely come to the places where the Busses arrive, and joyning together in several companies, do presently agree for the lading of thirty or forty Busses at once, and so being discharged, they may speedily return to their former shipping; whereas our Fisher-men are uncertain of their Chap-men, and forced to spend much time in putting off their Fish by parcels.
These and other effects would carefully be taken into consideration, and certain orders made to make our Fishing prosperous, and succesful, especially considering the fearful mischiefs, the neglects hereof hath brought to the King and Kingdom in general, and to many good Towns and Corporations in particular, as by Authority even of Parliament it self in the Statute of 33. Hen. the eight, is plainly testified, which I have summarily here set down, to avoid the prolixity of the original.
[Page 98] Because the English Fisher-men dwelling on the Sea-Coasts did leave off their Trade of Fishing in our Seas, and went the half-Seas over, and thereupon they did buy Fish of Pickards, Flemmings, Normans, and Zelanders, by reason whereof many incommodities did grow to the Realm, viz. the decay of the wealth and prosperity as well of the Cinque-Ports, and Members of the same, as of other Coast-Towns by the Sea-side, which were builded, and inhabited by great multitudes of people, by reason of using and exercising, the craft and feat of Fishing. Secondly, the decay of a great number of Boats and Ships. And thirdly, the decay of many good Marriners, both able in body by their diligence, labour, and continual exercise of Fishing, and expert by reason thereof in the knowledge of the Sea-Coasts, as well within this Realm 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 [Page 99] the said Ports of Flanders, Zealand, Picardie, France, or upon the Sea between shoare and shoare, &c.
This Act by many continuances was continued from Parliament to Parliament, until the first of Queen Marie, and from thence to the end of the next Parliament, and then expired.
For Conclusion, seeing, by that which hath formerly been declared, it evidently appeareth, that the Kings of England, by immemorable prescription, continual usage, and possession, the acknowledgment of all our Neighbour-States, and the Municipal Laws of the Kingdom, have ever held the Sovereign Lordship of the Seas of England, and that unto his Majesty, by reason of his Sovereignty, the supream command and Jurisdiction over the passage, and Fishing in the same rightfully apperteineth; considering also the natural Scite of those our Seas that interpose themselves between the great Northern Commerce of that of the whole world, and that of the East, [Page 100] West, and Southern Climates, and withal the infinite commodities that by Fishing in the same is daily made; It cannot be doubted, but his Majesty, by means of his own excellent Wisdom and Virtue, and by the Industry of his faithful Subjects and People, may easily, without injustice to any Prince or Person whatsoever, be made the greatest Monarch for Command 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 Western Indies; by means of which extent of Empire, (crossing in a manner the whole Ocean) the Trade and persons of all Nations (removing from one part of the world to the other) must of necessity first, or last, come within compass of his power and jurisdiction.
And therefore the Sovereignty of our Seas, being the most precious Jewel of his Majestie's Crown; and (next [Page 101] under God) the principal means of our Wealth and Safety, all true English hearts and hands are bound by all possible means and diligence to preserve and maintain the same, even with the uttermost hazzard of their Lives, their Goods and Fortunes.
Thus you see what wonderous advantages may redound to the Felicity, and Glory of this Nation, if God give hearts and resolutions to vindicate those rights which are now most impiously and injuriously invaded.
There is also another Dominion of the Sea belonging to the King of Great Brittain, and that of a very large Extent upon the Shore of America, as on the Virginian Sea, and the Islands of the Barbadoes and Saint Christophers and many other places; but how farr our English Colonies Transported into America, have Possessed themselves of the Sea there, is not exactly as yet discovered.
A further Assertion that the Sea is under the Laws of Propriety, Declared in a full Convention betwixt Ferdinando Emperour of Germany, and the Republick of Venice in the Year, 1563.
AT this Convention the Complaints on both sides were opened; And it being required in the Name of his Emperial Majesty, that it may be Lawful for his Subjects and others, to Traffick freely in the Adriatick Sea; It was answered by the Advocate of the Common-Wealth of Venice, that Navigation indeed ought to be free, yet those things at which his Imperial Majesty found himself agrieved were no ways repugnant to this Freedom, How farr Navigation is to be free. for as much as in Countries which are most free; Those who have the Dominion thereof receive Custome, and do give Bounds, and prescribe Order, by which way all Merchandize shall pass, and therefore [Page 103] none should finde themselves agrieved if the Venetians for their own Respects, did use to do so in the Adriatick Seas which is under their Dominion, there being nothing more known then that the Common-Wealth of Venice were Lords of the Adriatick Sea, and do exercise that Dominion which from time out of minde it had always done, as well in receiving of Customes as in assigning of places for the Exaction of it; And that according to former Capitulations, the Subjects of the Venetians were to have no less liberty in the Lands of the Austrians, then the Austrian Subjects in the Sea of Venice; And if his Imperial Majesty within his own State upon the Land, will not permit that the Subjects of the Common-Wealth of Venice shall go which way they list, but doth constrain them to go by such places onely where customs is to be paid, he cannot with Justice demand that his Subjects may passe by or through the Sea of the Republick which way they please, but must content himself that they passe that way onely, which shall best stand with the [Page 104] Advantage of those who have the Dominion over it; And if his Majesty cause Custome to be paid upon his Land, why may not the Venetians likewise do it upon their Sea? He demanded of them if by the Capitulation they would have it that the Emperour should be restrained or hindred from the taking of Custome? And if not, why would they have the Venetians tyed thereunto by a Capitulation, which speaks of both Potentates equally with the same words; He proceeded in a Confirmation of the Truth that the Republick had the Dominion of the Sea, and although the proposition was true, that the Sea is common and free, yet it is no otherwise to be understood there in the same sence when usually we say, The Sea in His Majesties Dominions no more common nor free, then is the High-way by Land. that the high-way are common & free; by which is meant, that they cannot be Usurped by any private Person for his sole proper service, but remain to the use of every one; Not therefore, that they are so free, as that they should not be under the Protection and Government of some Prince, and that every one might do therein Licenciously [Page 105] whatsoever pleaseth Him, either by Right, or by Wrong, for as much as such Licenciousness, or Anarchy both of God, & Nature, as well by Sea, as by Land; That the true liberty of the Sea excludes it not from the protection and superiority of such as maintain it in Liberty, nor from the Subjection to the Laws of such as have Command over it; but rather necessarily it includes it; That the Sea no less then the Land is Subject to be divided amongst men, & appropriated to Cities and Potentates which long since was ordained by God from the beginning of man kind, as a thing most Natural; And this was well understood by Aristotle, The Dominion of the Seas appropriated to such and such places ever since the begining of Mankind. when he said, that unto Maritine Cities the Sea is the Territory, because from thence they take their Sustenance, and Defence; A thing which cannot possibly be, unless that part of it be appropriated in the like manner as the Land is, which is divided betwixt Cities and Governments not by equal parts, nor according to their Greatness, but as they have been, or are able to Rule, Govern, or Defend them. Bern, he said, was [Page 106] not the greatest City of Switzerland, and yet it hath as large a Teritory, as all the rest of the twelve Cantons together; The City of Norimburg is very great, and yet the Dominions and Teritories of it do hardly exceed the wals. The City of Venice it self for many years was known to be without any possession at all upon the firm Land. Upon the Sea likewise, certain other Cities of great Force and Valour have possessed a large quantity of it, and other Cities of less force have contented themselves with the next waters; Neither are there wanting Examples of such who notwithstanding they do border upon the Sea, yet having fertile Lands adjacent to them, have satisfied themselves with their Land Possessions without ever attempting to gain any Sea Dominion. Others there are, who being awod by their more mighty Neighbours, have been constrained to for bear any such Attempt, for which two causes, a City notwithstanding it be Maritine, and bordereth upon the Sea, may happen to remain without any possession of the Sea.
[Page 107] He added, that God did institute Principalities for the maintenance of Justice, to the benefit of Mankind, which was necessary to be executed, as well by Sea as by Land; And St. Paul said, that for this cause there were due unto Princes, Customes and Contributions, that it should be a great Absurdity, to praise the well Governing, Regulating, and Defence of the Land, and to condemn that of the Sea; The Propriety of the Seas, according to the Laws of God. And that if the Sea in some parts thereof, for the ampleness and extream distance of it from the Land is not possibly to be Governed, and Protected, it doth proceed from a Disability, and Defect in Mankind, as in the same consideration there are Desarts or Wildernesses so great upon the Land, as it is altogether impossible to protect them, witness the many sandy parts of Affrica, and the Immense Vastities of the World but lately discovered; And as it is a gift of God that a Land by the Laws, and publisht Power be Ruled, Protected, and Governed, so the same happeneth to the Sea; He said, that those were deceived by a [Page 108] gross Equivocation, who affirmed that the Land by reason of its Stability and Firmness may be governed, but not the Sea, for being an unconstant Element, it passeth, and hath a motion proper to it as well as the Aire; And if by the Sea, and the Aire, all and every part of those fluent Elements be intended, it is a most certain thing that they cannot be governed, because whilst a man secureth himself with any one part of them, the other fliteth out of his power; And this also hapeneth unto Rivers, which cannot be restrained in their fluent motions; But when mention is made to rule over a Sea or River, it is not understood of the Element but of the Scite where they are placed; The water of the Adriatick Sea doth continually run out of it, neither can it at all be kept in, and yet it is the same Sea, as well as the Thames, the Rhine or the Po are the same Rivers now, as they were one Thousand years agoe, The Sea not to be without Protection. and this is that which is Subject to the Protection of Princes. He askt the Germans, if their pretence were that tho Sea should be left without Protection, [Page 109] Protection, so that any one might do therein whatsoever he listed, by Robing, Spoiling and making it Unnavigable; This he said, would be so absurd in reason, that he durst answer for them that they had no such pretence; he therefore concluded, that therefore his Majesty of Germany by a necessary Consequence must acknowledge, that it ought to be kept Governed, The Sea to be protected by those to whom it doth appertain by Divine Disposition. and Protected by those unto whom it did appertain by Divine Disposition, which if it were so, as indeed it is, he desired to understand if in their Judgment it seemed to them a Just thing, that such should do it with the expence of their own Pains, and Treasure, or rather that should contribute towards it who equally did enjoy the Benefit; And as to this, he said, he durst answer for them, the Doctrine of Saint Paul being clear in this particular, that all such who are under Government and Protection, are thereby bound to pay Customes and Contribution; Much he said, might be alleaged in matter of Law to confirm this Truth; And thereupon he concluded, that if the [Page 110] Common-Wealth of Venice were that Prince to whom it did appertain to Govern and Protect the Adriatick Sea, it of necessity must follow, that whosoever Traffick, and Saileth on their Sea ought to be subject to their Laws, in the same manner as such are who travail through a Country upon Land.
From hence he did proceed to show that this Dominion over the Sea from time out of minde did belong to the Common-Wealth of Venice; And to prove this, he caused to be read out of an Abstract which he had taken the opinion of Thirty Famous Lawyers who from the Year One Thousand Three Hundred until the present time, did speak of the Dominion which the Common-Wealth of Venice had over the Sea, as of a thing most known, and of which even in their Times, the mind of man knew not the Contrary, some of them affirming that the Common-Wealth of Venice had no lesse Dominion over the Sea, then over the City of Venice; Others maintaining that the Adriatick Sea is the Territory and the Demeans of the said City; And to [Page 111] render this more evident, they do make mention of the lawful Power which the Venetians have to establish Laws over Navigation, and to impose Customes upon such as traffique on those Seas; The Power of the Soveraign of the Seas, to impose Customes in his own Jurisdiction. And he added, that he never read any Lawyer which held forth to the contrary, moreover he told the Advocate of the Emperour, that if he would not believe those Authors who testified that the Sea belonged to the Venetians, whereof they had possession from time out of minde, before the age wherein those Authors lived, yet [...]he could not deny to receive them for the Testimonies of such things, which they saw, and knew in their times, and to hold them as witnesses far above all Exception, being all of them Famous men, though dead so many years agoe, and whose Impartial Pens could no ways be interested in the present Differences. And because more then two hundred and fifty years were passed from the time that the Authors whom he alleaged as Witnesses hereof, did Write to the time of those whose Names he last of all did mention in [Page 112] that behalf; he urged that by their Attestation it was sufficiently proved, that for a long time more then so many years the Common-Wealth hath commanded the Sea, and therefore he could not deny the assured and certain possession of it to the present.
Then Addressing himself to the Judges, he desired them to consider, that notwithstanding some of the above mentioned Authors do speak in general words, and name at large the Sea of the Venetians, neither taking care to declare the Quality or the Quantity thereof, yet others more expresly do give it the Title of the Adriatick Sea, which evidently doth demonstrate not onely the Scite, but also the Quantity of the Sea possessed, and hereupon he explained himself, that those who speak more precisely ought to cleer the passages of those who write more generally, according to the common Precept which is, that with cleer places the more obscure are to be illustrated; He mentioned also the divers manner of speaking of the same Lawyers, some deriving the Dominion of the Republick [Page 113] over the Seas from Custome, some from Prescriptions, others from an induced Subjection, and others from a Privilege, which did arise all from this Reason; Because, as they were most assuredly informed of the Possession and Jurisdiction of the said Sea, which they both heard and saw to belong to the Common-Wealth time out of mind; So they Writing on the same Subject not at the Instance or the Command of any One, but of their own proper Motions, and by way of Institution only, every one of them judged it most convenient to express the Title of that Jurisdiction, some with one Term, and some with another, without coming to use the sole, true proper Term, as they would have done if they had been put to write for the Interest of any one, in which Cases the Lawyers are alwayes conformable, receiving from the Person interested the like Instructions.
After the Declination of the Constantinopolitan Empire, the Adriatick Sea was found to be for many years abandoned in such manner, as it remained [Page 114] unregard, and without the Protection and Government of any Prince, and under the Jurisdiction of none, untill it came into the Power of the Venetians, who to receive their lively-hood thereby, were constrained to maintain it in freedom, and thereupon taking it into their protection, they obtained the Government, and the Dominion over it: In like manner, How the Sea comes into the Dominion of Princes as by the Law of Nature, and of Nations, the Land, the Sea, and other things which are not under the Dominion of any other, come Justly into the hands of those who first do get the possession of them; by which Reason, the first Empires were founded, as well upon the Sea, as on the Land, and daily there are new ones in the same manner formed, when any of them, either through Age, or Vice becoming weak wanteth Force, and sinketh of it self, The which Custody and Government of the Sea acquired the Common-Wealth of Venice, hath daily advanced by the keeping of Powerful Fleets, with the expence of much Treasure, and the effusion of as much Blood, both of their Citizens, [Page 115] and Subjects, continuing without Interruption in the sight of all the World their Dominion and Custody of the said Sea, and overcoming and removing all Impediments, as either by Pirates, or by Potentates, have at divers times been raised against them. After the testimony of the Lawyers, he added, that of the Historians, who do relate, that the Common-Wealth of Venice for more then three hundred years past, did receive Custom of such as sail'd that Sea, and kept arm'd Vessels in a readiness to compell all such ships so sayling to go to Venice, testifying moreover, that even unto their present time the same custom was observed: But he dwelled not much upon their Attestations, saying, that although they were good Testimonies of preceding Occurrences; yet when we undertake to prove either the interests of Princes, or of private Persons, he ought to help himself by Authentick Writings, and to use the Historians with great Discretion, some of them being moved by Love, others with Hatred, and others with hopes of Preferment, [Page 116] which constrains them oftentimes to use Flatteries, or Hyperboles, upon which cannot be laid any sure Foundation: He therefore did produce an Act of the General Council held at Lions in the year, one thousand two hundred seventy four, where the Abbot of Nervesa being delegated by the Pope did Sentence, that the Venetians should not be molested in the Defence, and Protection of the Adriatick Sea, against the Saracens and Pirats, neither should they be Disturbed by any from exacting their Rights and Customs, which they had of Victuals, Merchandize, or any other portable Commodities. He added also that there remain the Registers of Licenses granted to pass their said Sea, with armed Vessels, or Ships of War, and to the Persons and Goods belonging to their use, at the request of divers Princes who had their Possessions on the shore of the Adriatick Sea: But for the greater confirmation of all that had been said, he remembred the yearly Ceremony used at Venice, where the Duke in the presence of the Ambassadours of other Princes, and more [Page 117] particularly of the Emperours of Germany doth constantly use to Espouse the Sea by casting a Ring of Gold into it with these words, Desponsamus to Mare in signum veri & perpetui Dominii: We do Marry thee O Sea, in sign of our true and perpetual Dominion over it; Which Ceremony, as many Writers do affirm, had its beginning when Pope Alexander the third was in Venice, notwithstand they do add withall, that it was Instituted in sign of the Dominion which the Republick had formerly gotten by the Right of War.
At the Conclusion he produced the Letters of many Princes and Potentates who joyntly acknowledged the Truth of what he spoke, two of them were from the Emperour Frederick to Giovanni Mocernigo Duke of Venice, where having acquainted him of a certain quantity of Corn, that was to pass through the Adriatick Sea, he desireth that he may be permitted to have a free passage, which will be to him a great pleasure, and he shall acknowledge it with many thanks. Another Letter was from Beatrice Queen of Hungary to [Page 118] the Duke above mentioned, where having informed him that she had divers things to pass through the Adriatick Sea, which could not be without his permission she desired that for Courtesies and Friendships-sake it might be granted her, which she should take for a great Favour, and correspond with him on the like occasion. Another Letter was from Matthias King of Hungary to the Duke of Venice, where relating how the Common-Wealth of Venice was accustomed every year to give License for the Transportation of a certain quantity of Corn, he prayed that the same Grace might be shewed unto him, and that he would acknowledge it for a Favour, and correspond accordingly.
Thus as in a Glass, you may see the Dominion of His Majesty in His Brittish Seas clearly represented, asserted, and fully proved by that propriety of Title and Soverainty of Power which the Duke of Venice exerciseth on the Adriatick Sea, which by the manner of prescription, the consent of Histories, and even by the confession of their Adversaries [Page 119] themselves is almost the same with His Majesties of Great Brittain; But His Majesty hath one Title more above all theirs, which is, the Title of Successive Inheritance, confirmed as well by the Law of Nature, as of Nations, and is so much the more considerable, in regard of the infinite Advantages of the profits of it, as the Brittish Ocean in its Latitude and Circumference exceedeth the small Boundaries of the Gulph of Venice.
But in this great Disputation (where were present the most Remarkable Vide the Venetians Title unto the sole Domin [...]o [...] of the Adriatick Sea. Wits of Italy and Germany, and where the Imperialists themselves and amongst them, one of the most Eminent, Stephen, Baron of Gourz Attested openly, that the Common-Wealth of Venice was Patron of the Adriatitk Sea, and might impose what Customs they thought fitting, and that all other the Commissaries thought so in their Consciences:) There is enough, as may be thought in Reason to convince all Opponents, that may pretend to differ in Judgement from us; Yet so it is, that the Indulgence of the Kings of England [Page 120] to their Neighbouring Nations, especially to the Hollanders, by giving them too much liberty hath incouraged them to assume a Liberty to themselves, and what at the first was but a License, they improve into a Custom, and make that Custom their Authority; Insomuch, that some of the most busiest of them have openly declared against the Kings Propriety on the Brittish Seas: Amongst these is one Hugo Grotius, a Gentleman of great Ingenuity, but in this particular so inclined to obey the Importunities, and serve the Interests of his Country-men, that he disobliged himself of the Truth, and moreover (to speak the truth) of his Conscience it self, Hugo Grotius, Sylv. lib. 2. for it you look into his Silvae, upon the first Inauguration of King Iames of ever Blessed Memory, he is pleased to express himself in these words, Tria Sceptra profundi in magnum Cojere Ducem, which is, that the Rights of the English, Scottish, and Irish Seas are united under one Scepter, neither is he satisfied with this bare profession, but he goes on, Sume animas a Rege tuo, Quis det Iura Mari, which is in English, Take courage [Page 121] from the King, who giveth Law unto the Seas: In the same Book, in the contemplation of so great a Power, he concludeth, Finis hic est, qui fine caret, that is, This is an end beyond an end, a bound that knoweth no bound, a bound, which even the winds and the waves must submit unto.
But with what ingratitude have the Dutch Answered the many Royal Favours, which the Kings of England have almost perpetually conferred on them: If there be no Monster greater then Ingratitude, what Monsters are these Men, who of late are so far from acknowledging their thankfulness, that like Vipers, they would feed upon, and consume those Bowells which did afford them Life and Spirit? We may observe, that in their Lowest Condition, which is most sutable to the Name of their Abode, called the Low Countries, they Petitioned to the Majesty of the Q [...]een of England, whose Royal Heart and Hand being alwayes open to those that were Distressed, especially those that were her Neighbours, upon the [Page 122] account of Religion, Vide the Observations concerning the Affairs of Holland. she sent them Threescore Thousand Pound, upon the account of Sir Thomas Gresham in the year, One Thousand Five Hundred Seventy and Two; and presently afterwards, there followed Colonel Morgan, Colonel Gilbert, Colonel Chester to Assist them in their Wars, who were the Commanders of so many Regiments of Men; And after them the War increasing, there were sent over Colonel North, Colonel Cotton, Colonel Candish, and Colonel Norris, and some other persons of an Eminent Name, who for the Honour of the English Nation made there Excellent Demonstrations of their Valour, and Redeemed the Dutch from the Power of those who otherwise would have brought them to a better understanding of their Duties: Great supplyes of monies were sent over to maintain so great a charge: At the last, the Prince of Orange being slain presently after the Death of the Duke Alanson (Brother to Henry the third of France,) who (if the successe had Answered the Expectation) was wisely enough made Duke of Brabant; [Page 123] the Queen of England sent over unto them Robert Duke of Leicester with great provision both of Men and Money, accompanied with diverse of the Nobility and Gentlemen of good account; And although the said Earle, not long afterwards, returned into England and the affairs of the Hollanders were doubtful untill the fatal Battel at Nieuport, yet Queen Elizabeth of ever Blessed Memory, out of her unspeakable goodness to the distressed, and to those that suffered for Religion, did as long as she lived constantly Assist the Hollanders both with Men and Monies; she gave them Hope in Despair, she gave them strength being weak, and and with the Charity of her Princely Hand did support them being fallen; And although the Hollanders do ungratefully alledge, that it was a Benefit great enough for the English to Assist them in reason of state, because by so doing they kept out a War from their own Country. It is most certain, that at that time the English had need to fear no Warr, at all, but onely for their Cause, and for taking their parts; for [Page 124] it was for their Cause that the English in the year, One Thousand Five Hundred, and seventy one, had seized upon the sum of Six Hundred Thousand Ducats, on the West Coast of England, The Hollanders Objections Answered. being the money designed from Spain to the Duke of Alva for the Advancement of the Spanish Interests in the Neatherlands: And although the Hollanders do further alledge in their own Excuse, that they were so grateful, as that they offered unto the Queen of England the Soveraignty of the Neatherlands, which she would not accept, and therefore it was not their fault that she obtained it not; It is in reason truly answered, That the Queen of England, well knowing that she was in danger to draw a perpetual Warr upon her Self, and her Successours, by the accepting of such a Gift to which she had no Right, did wisely refuse their Liberality; And yet for all that, she continued still to aid them without that chargeable obligation. The Hollanders do further alledge, that the Queen of England had the Cautionary Town of Brill, Flushing, and the other places delivered [Page 125] into her Hands: It is true she had so, and thereby enjoyed only the Benefit of being at more Expence, both of Men and Money; and let the Reader take notice, that most certain it is, that the Hollander had no sooner made a Truce with the King of Spain, and the Arch-Duke Albertus, but he began presently to set the English at nought, and to take the Bridle out of their Hands; whereupon immediately insued their Forbiding of the bringing of English cloaths died, and dressed into Holland, and the adjoyning Provinces without ever making the King of England or his Ambassadour Leiger at the Hague Privy thereunto.
And to make amends for this their Saucy and Insolent Affront, The Impudent Affront of the Hollanders to the late Kings of England. in a more High and Peremptory way they demeaned themselves to King Iames himself; for whereas the Duke of Lennox, as Admiral of Scotland, had by order from the Majesty of King Iames in the year, One Thousand Six Hundred and Sixteen, sent one Master Brown to demand of the Hollanders then fishing upon the Coasts of Scotland a certain antient [Page 126] Duty called, Size Herring, they began to contest with him about it, and after a long Disputation they payed it, as in former times it had been accustomed, but not without some affronting terms; that it was the last time it should be payed.
And it is most observable, that the same Gentleman coming the year following with the same Authority and Commandment with one only Ship of His Majesties to demand the Duty aforesaid; And with Order, if he were denyed, to take witness of the refusal in writing, and so peaceably depart: He came aboard one of their Ships, and no sooner demanded the aforesaid Duty, but by the Master of the Ship, he was denyed it, who as plainly, as peremptority told him, That he was commanded by the States of Holland not to pay it unto the King of England any more, of which he took witness according to his Order from His Majesty. This taking of witness did so startle the Dutch, that before Master Brown had got off to his own Ship, the Master of another Ship of Holland came presently [Page 127] aboard that Ship in which he was, who demanding of Master Brown, his Name, he replyed that his Name was Brown; Why then, quoth he, if you be the Man, I have Order to Arrest you, and to carry you into Holland; whereof Master Brown gave notice to the Master of the Kings Ship, requiring him to advertise His Majesty of this Insolency; and Master Brown was in this manner Arrested, and carried away Prisoner into Holland, where for a while he was detained. I do read, that much about the same time one Master Archibald Ranthin a Scotch Gentleman, and residing at Stockholme in Sweden, where he sollicited for the payment of some sums of monies due to the English Merchants, there was at the same time in the same City one Vandyke, who lying there as an Agent for the States of Holland, Vide Observations concerning the Affairs of Holland. said unto some Principal Persons of the Swedes, that they need not be so hasty in paying any Monies to the Subjects of the King of England, or to give them any high Respect, because the said Kings promises were not to be believed, nor his threatnings [Page 128] to be feared; for which Vile and Insolent Speeches bring afterwards challenged by Master Archibald Ranthin, he had no better Excuse, then to say, he was drunk when he did speak those words (for deny them he could not;) and by this means his Excuse of playing the Beast; did excuse him for playing the Man.
Now from these Insolent Affronts by words, let us proceed, and come to what they have done by deeds, where in the first place, we may observe their rude demeanour to our English Nation in the Northern Seas on the Coasts of Greenland, and those parts, about the Fishing for Whales, and the Commodity of Train Oyle, where violently they have offered unpardonable abuses by giving of blows, and chasing the English-men away, and by procuring much loss and prejudice unto them; their Pride of Heart was so high, that it would not give their Reason leave to apprehend that Fishing at Sea is free for every Man where it is not upon the Coast of any Country, unto which the Dominion of the Sea belongeth by antient Prerogative.
[Page 129] And yet all this is but inconsiderable in regard of their usage of our Nation in the East-Indies, where in open Hostility they have as fiercely set upon them, as if they had been most mortal Enemies, having in several Encounters slain many of our Men, and sunk sundry of our Ships; And when they had taken our Men Prisoners, they would use them in the sight of the Indians, in such a Contemptible and Disdainfull manner, as if at their own Home, and in the Country of the Butter-Boxes; the English in respect of them were but a sordid and a slavish Nation, and the Hollanders were either their Superiours, and might use them at their own pleasure, or the English were so spiritless, or so unpowerfull, that they durst not be revenged, but quietly must put up all the Affronts and Injuries which they received at their Hands.
And as for the Commodious Trade which the English have had in Muscovy for above these fourscore years, and some other Countries that lye upon the East and North, which the Hollanders, [Page 130] have now gotten quite out of their Hands, Their spoyling of our Trade in Muscovy, and other Countries of the East. to the great Grief and Prejudice of many Merchants in this City: What shall we say, seeing not long since they have been acting the same again with our English Merchants in Turkey: And it is a practise so usual with them to spoyle the Trade of other Nations, that when they cannot find any Occasion to do it, they will show a Nature so wretchedly Barbarous, that they will not stick to spoyle one another; so great is their Covetous and most Insatiable desire of Gain: And yet all this proceedeth out of an ignoble and a sordid spirit, for let them arrive to what Wealth they will, they can never be the Masters of a Noble, and a Generous Disposition.
Had it not been for their Neighbouring Nation of the English, they had never arrived to the liberty of a Free State, yet so ungratefull have they been, that they have endeavoured to forget all the Obligations of Humanity, and have digged into the very Bowels of those who did preserve them. Many Examples of this may be [Page 131] instanced; I shall look a little back again on the cruelty of their proceedings in the East Indies, before their studied malice at Amboyna, and afterwards of their horrid Massacre at Amboyna it self. As their Avarice was unsatisfied, so their quarrels with the English were many; Covetousness and Ambition not long enduring a Co-partner.
Queen Elizabeth being translated into a better World, and the Hollanders (to be the more ready to set the English at nought,) having by the Assistance of Sir Ralph Winwood got the Cautionary Towns into their own Possession, they presently began to appear in their true Colours, by adding Cruelty to Hypocrisie, and Avarice to Insolence; The English that were Trafficking in the East Indies being sensible thereof, and finding no redress, preferred their Just Complaints to the Majesty of King Iames, on which ensued the first Treaty in the year, One thousand six hundred and thirteen, in the City of London, and after that, another Treaty in the year, One thousand six hundred and fifteen, at the Hague in Holland, [Page 132] which taking up much time to little effect; there was a third Treaty which was held in London in the year, One thousand six hundred and nineteen, touching the Differences between the English and Dutch in the East Indies, in which a full and solemn Composition was made, and a fair Order set as to the Management of the Affairs for the Time to come; but so restless were the Spirits of the Hollanders to make themselves the entire Masters of the profits of the Indies, that having driven from thence the Spaniards and Portugals, they at the last determined with themselves by subtility as well as strength, to force from thence the English also; In pursuance whereof, some four years before the most Barbarous Proceedings at Amboyna, they endeavoured to dispossess the English of the Islands of Banda, Polleroone, and some others, famous for the Rich Spices of Nutmeggs, Cloves and Mace; and understanding by one of their Spies, that Captain Courtupe was gone from his House and Factory in Polleroon to one of the adjacent Clove-Islands, called Lantore, [Page 133] they did shoot him as he was in his Boat upon his Return, and being demanded the cause of so unexpected a Murther, they sent word to the English that they should take no more care for him, for he was dead, and he should be buried; Although this was a great discouragement to the English that were there in their Occupation of Merchandize, yet some were afterwards so venturous, as to endeavour a settlement at Lantore, amongst whom was Master Woofe a Factor there, Vide, Master Woofes Discourse on the Tyranny of the Dutch upon the English pa. 10. and the Authour from whom we have received this Discourse, and one who being taken not long afterwards by the Dutch, indured almost as much misery, as a Created Nature can be capable of, which the ensuing Narration will make manifest: He writeth of the Dutch, That as often as he thinketh of their unparralleld and barbarous Cruelty, he cannot but admire, and praise that Great God who so much strengthened and inabled him to undergoe those heavy Tortures and Pressures which were loaden on him by those bloody Patrons of Cruelty. The Dutch had no sooner notice that the English had [Page 134] raised a Factory in the Island of Lantore, but sayling from Iaccatra, now by them called Bata via, they importuned the Natives to surrender the Island into their Hands and Custody; Sometimes they thought to have prevailed upon them with perswasions, and fair words fayling; they would make use of foul, and threaten them with Sword and Fire; And although they were not ignorant that a Treaty had been held in London, and a full Composition for the ending of all Controversies, yet they informed the Natives, that although they had given the Island to the King of England, they need not to fear to disclaim what they had done by making them to become Masters of it, Ibid pa. 12, and 13. for they said they could, nay, and they would interpose between all Dangers and them, and assured them that they had Strength enough to defend them against all the Nations in the World; They only desired of them a Seizin of security to enjoy the profit of their Fruits on those Terms which the English had conditioned with them. The Natives of the Island being hereat in a [Page 135] great perplexity, and doubting amongst themselves what might be the event, if they refused a proffer, which carried an Obligation of so much safety with it, did Address themselves unto the English, and desired of them to be informed, how they might secure themselves from that deceitfull and cruell Generation of men, whose perswasions were as plausible, as their threatnings terrible; And understanding by the English, that they expected a considerable Recruit both of Men and Ships to come suddainly unto them, they were resolved to be Couragious, and not to yield to their treacherous perswasions: In this apprehension, the Dutch not long afterwards desired of them after some flattering Asseverations to give them, A Seizin of Security; At which the Natives pretending Ignorance, told them, that they knew not the signification of the World, and seemed to be extraordinarily curious to understand the Interpretation of it; At which the Dutch with as much Mirth as Confidence, having whispered amongst themselves, did after some deliberation [Page 136] tell them, That they must bring a great Brass Bason filled with Earth, and plant in the middle of it the Branch of a Nutmeg-Tree laden with Fruit, and cause it to be presented to them by the Chiefest Men of their Islands; And this they told them was the Sence and Interpretation of the word.
The Natives having received this Answer, did suddainly acquaint the English with it, to whom they were more inclined then to the Dutch, as all the rest of those Nations are; and having advised with one another, they told the Dutch in plain terms, that their Demands were Impossibilities, for should they recede from what already they had done, both God and Man might justly brand them with Infidelity, for to their apprehensions, they seemed to un-interest the English of what was their proper Title, which by no means they could be induced to consent unto; At which the Hollanders being much incensed, told them, that since no perswasions would allure them to a knowledge of their own Happiness, [Page 137] they must expect to find the reward of their obstinacy, for rather then be frustrated of their Intentions, they were resolved to make a Benefire of the Island, they did advise them, not to trust to the English strength which could stand in no Competition with theirs, for they owned them but as a Handfull in comparison with themselves.
This Dispute being frustrated, and the Dutch finding the Natives of the Island to be intractable to their Demands, they prepared a great Vessel which they had with Battery Guns, with a resolution forthwith to Assault the Town; This great Ship was called the Float▪ and besides her, they had in a readiness other less Ships that lay against that part of the Town, where the English Factory was; Having for two dayes planted their Batteries, and played against that place where by the Flaggs and Pendants of the Red Cross, they found the English Factory to be, and finding the Event not to answer the expectation, on the first of March, [Page 138] (five dayes after their first Assault) they found the means to Land their Men, and Enter the Town; they had placed in their Front a considerable number of the Nation of Japan being all armed with Guns like unto Cullivers with barrels of Brass, who making way for the Hollanders, did such Execution, that the Out-cry in the Streets was terrible, Ibidem pa. 18. Men, Women, and Children being cut in pieces, and the Town a Shamble of dead persons. The English being but few in number were taken Prisoners, and saluted with the Titles of base Rogues and Villains, they were bound unto posts by Hands and Neck, they were bruised, beaten and buffered, they were afterwards ty'd back to back, and so the stronger was inforced to carry the weaker to one of the Dutch Ships, called the Holland, where they were laden with Irons, and tormented with variety of Tortures; Insomuch, Ibidem pa. 20. that the Author of this Discourse, who was a Factor at Lantore, and one of those who did partake in these grievous torments, hath these express words; For my own part, I seriously [Page 139] protest, that if it pleased God, the great Determiner of all things, to command me to yield my Body to be Tortured, I had rather by far choose the Turkish then the Dutch Tormentors, for their Cruelties I am confident are far transcending the Turkish Extremities, and I know their viperous inclinations to the English will not be consumated untill their compleated Iury shall surfeit it self into an unparalleld Revenge.
Many dayes were they thus Tormented, and some of them being most sadly troubled with the Flux, these unmercifull people would not let them out of their Bolts, but compelled them to use the same Dish to receive their Excrements, in which all of them constantly did eat their meat; these things were unsavoury indeed, but these Inhumane Creatures would not be sensible of their Calamities; At the last it pleased God, that some English Ships sayling that way, and being informed what the Dutch had acted at Lantore, one of the Captains, Captain Fitz Herbert by Name, sent to the Dutch to Demand the Prisoners, who being conveyed to his Ship, he wondered at their unsightly [Page 140] complexion, and the lameness of their bodies, the one being eaten in with Irons, and the other quite decayed for want of eating; By his means their Release being obtained, they had liberty to depart to the Island of Polleroon.
And here they continued not long, but the Dutch who would have no Factories in the East-Indies but their own, did again seize upon them, and having plundred them to their very shirts, they Imprisoned them in a Castle which was in that Island, where they continued enduring many Extremities until the noise of their sufferings, and durance being again divulged, they were again relieved by some English ships that passed that way; And the reason why they used so much cruelty to the English, being demanded, no other thing being to be laid unto their Charge, but onely their buying of Cloves upon the Islands; the Dutch at their Discharge told the Prisoners, that in regard they were the first English-Men that ever they took buying of Cloves upon that Island, they were [Page 141] willing to spare their lives, but if for the time to come, they should ever take an English-Man in the same nature, they would not be so favourable as to hang him, but they would whip him to Death; And speaking in contempt of the English, they have been heard to speak words to this Effect. Alas! what is England if compared to our High and Mighty States of the Neatherlands, we know that we have Ships enough to block up all the English, and if any difference should arise, the proof should manifest the truth, for they would show us what the Dutch Men were, if ever they could find opportunity to put their Designs in Agitation; The Authour of this Discourse to show the candour of his spirit, Ibidem p [...]. 42. in the representation of so sad a subject; I protest, saith he, and shall be ready at any time to justifie it with my life, that I have not expressed any thing but what is really correspondent to the truth, and I am very much astured, that there be those now living, who can testifie with me the many Tragioal Designs, that have not onely been acted on us, but upon many others.
[Page 142] Neither was this their Arrogancy, and Cruelty expressed to the English alone, but the Inhabitants of China have had the sad Experience of it, it being the common practise of the Dutch to seize upon their Vessels as they came down to Trassique in those Rivers, and and having plundered their ships, to drown the Men.
In the year, One thousand six hundred and seventeen, the Inhabitants of the Banda Islands, made a Present to Captain Ball, at that time President of Bantam, and besought him that he would so far be pleased to compassionate their sorrowfull conditions, as to accept of their Present, and receive their Islands into his Jurisdiction, by defending them from the Tyrannies of the intruding and unmerciful Hollanders, whose practise it was, daily to exact upon them, and to murther them at their pleasures, and to abuse their Wives whiles themselves were inforced to look on, and not dare in the least to resist them; Moreover their Drunkenness was such, and so habitual to them, that it was almost a wonder to [Page 143] see them sober; they told him, if he were pleased to accept of what they proffered, he should very much oblige them, and no wayes prejudice himself nor the English Nation. To which Captain Ball replyed, that he much lamented their misfortune, but in regard that they had made a surrender of their Island already to the Dutch, it was not consonant to Reason, that he should take away that by force from the Dutch, which they had obtained by favour, he therefore desired them to cease their importunity; to which the Bandaneses replyed, that if that were all the obstacle, it might easily be removed, for they generally protested, they never gave the least consent to the Hollanders to possess their Islands, but that they wilfully and violently entred upon them without their consent, and though that oftentimes they had desired, yet the Dutch had never received any assurance of submission from them, the unworthiness of their Actions having deterred the Bandaneses from condescending to their perswasions. Hereupon Captain Ball became [Page 144] willing to receive them into his Protection to the great comfort of the afflicted Indians.
Captain Ball continued President not long after, for Captain Iourdan Arrived with Sir Thomas Dailes Fleet, in the year, 1618. at what time Captain Ball was commanded home; howsoever the Cruelties against the poor Bandeneses in many of their Islands still continued, and grew to such a height, that they hardly could be parallel'd, and for no other cause, but that their Affections were so generally, and so servently expressed towards the English.
Mention hath already been made of the taking of the Chief Town in the Island of Lantore, and how barbarously the Dutch dealt with the English Factory there; It is worthy your observation, that the greatest part of the Inhabitants flying for their safety into the highest Hills of that Island, were courted by the Dutch to submit, and surrender themselves, and that they should be received into favour and protection; Hereupon they came down in great [Page 145] numbers, and four hundred of the Chiefest of them being picked out amongst the rest, they were transported into an adjacent Island, where having washed themselves, accordingly as they had been advised, they were all invited to a great dinner, and intreated with many welcomes; they told them, they were heartily sorry that they should so much distrust them as to fly to the English, there being none that desired their safety and welfare more then themselves, and that they would be friend them against all Opposers; they desired that all differences whatsoever may be absolutely composed; and all former injuries forgotten; to which purpose, to give them a manifestation of their Respects, they had transported them thither, and provided what for the present could be had for their Refreshment. The Poor Inhabitants being much surprized at this unusual manner of Respect, having fed heartily, and expressed their thankfulness, prepared for their departure, but the Dutch leading them to a window, told them, that they must walk to yonder [Page 146] Green, and take their Farewell of them there, for there their Executioners stood in a readiness to dispatch them; whereat the poor Bandeneses being much amazed, cryed out, O Apetow! which is in English, O what is this! Immediately they were hurried away to the place of Execution, and by the Iapan Slaves, the cruel Instruments of the Hollanders, they were cut asunder in the middle alive, and their divided Quarters were sent some of them to Lantore, some of them to Polleroon, and other Islands belonging unto Banda.
In the same year, they put to Death the Chiefest of the Inhabitants of Polleroon, amongst whom was the Chief Priest of that Island, in whose side the Dutch having cut a hole, they commanded that Gun-powder should be put into it, which at that instant being set on fire, by a new way of torment they deprived him of his life.
It is very observable, that although these Inhabitants of Polleroon were under the English Protection, yet their numbers being inconsiderable to the strength of the Dutch, the English durst [Page 147] not contradict them; So that these poor people were not only murdered before their faces; but the English perceiving how Tyrahnical withall the Dutch were, and how incroaching upon them, and what were their cruelties which they practised at Amboyna, of which more in its due place; in the year, One thousand six hundred and twenty two, The English abandoned the Banda Islands, and the reason of it. they abandoned the Banda Islands which the Dutch have ever since possessed, and do still wrongfully and unjustly enjoy, not permitting the Enlish to have any Commerce with them.
And in this place I shall not forget to give you the memorable account of the innumerable Shoales of Mackerell which was the Chiefest thing that supported those Islands, they came always in their season in great Multitudes, and if at any time they appeared not so numerous, they were sure to have arrived within the limits of two or three dayes, and in far greater abundance then usually before; but after that the English had left those Islands, they did forsake them also, as places polluted with Blood, and Avarice, or [Page 148] as if they would come to no Coasts, but where Humanity and Probity, or at least where the English had their Residence.
Much about the same time, Vide, The Dutch Tyranny, pag. 64. Captain Iourdan sayling from Bantham with two Ships, the one called the Sampson, the other the Hound, to the great Islands of Burnew, he discovered three or four Dutch Ships standing in for the same Port, and being confident that they intended no good to him, he gave order to prepare for the Encounter, fully resolving to fight it out to the last Man, rather then to yield himself to the unmerciful hands of his Insulting and Approaching Enemies; the Dutch summoned the English to deliver the Ships upon fair Quarter, but Captain Iourdan a well complexioned Man, who had a great heart in a little body, absolutely refused to yield upon any Condition whatsoever. The Dutch pretending to be unwilling to shed blood, called out to the English, and told them, that they knew very well that little Captain Iourdan was there, and desired them to perswade him to Parley with [Page 149] them; Captain Iourdan being informed of it, refused to have any conference with them; whereupon they desired that he would but show himself upon the Quarter Deck, that by a fair complyance they might stop the effusion of blood, which otherwise must come to pass; Whereupon Captain Iourdan (thinking that to speak with them could not much prejudice him) did show himself on the Quarter Deck, & after the exchange of some few words; told them, that he knew the Justice of his Cause, and the Injustice of Theirs, and was resolved to fight it out: The Hollander alledging that their strength was far greater then his, and it was rather Desparateness then true Valour to fight upon such a Disadvantage; it prevailed nothing at all with Captain Iourdan, who told them, he questioned not his own strength, but was resolved to fight it out, and to leave the success unto God. The Dutch finding him intractable to their Demands, did hold him still in Discourse, until a Musquet Bullet from one of their ships laid him dead upon the Deck, as he was in Parley [Page 150] with them: At that very instant of time, whether by Treachery, or by Accident it is uncertain, a part of our other English Ship called the Hound, was blown up, and many of our men mortally hurt; the Amazement was so great, that the English were inforced to yield to the mercy of their Enemies, who having taken them, did cause them to be laden with bolts, and did not allow them so much favour as to the Heathen, for they were permitted to walk up and down with a chain of Iron, which is far more easie then to lye in bolts of Iron.
Thus may we observe, what injury and wrong we have all along sustained by the Dutch, who have got many of those Islands where now they have seated themselves by cruelty and blood-shed, and by murthering the English and their Friends; These indeed are sad Relations, and though dismall in themselves, they are but the Prologues to the Tragedy at Amboyna.
Amboyna is an Island lying near unto Seran, fruitful of Cloves, for the buying and gathering whereof the English [Page 151] Company had for their parts planted five Factories, the Chiefest whereof was at the Town of Amboyna; but the Hollanders who had already dispossessed them of their residence at Polleroon, and at Lantore, had a labouring desire to heave them out also at Amboyna, and at Bonda, several complaints and discontents did every day arise, which were transferred to Iaccatra in the Island of Iava Major to the Council of Defence of both Nations there residing, who also not agreeing in points of difference did send them over into Europe to be decided by both Companies here, or if they could not agree amongst themselves, they should then be determined by the Kings Majesty, and the Lords the States General according to the Article of the Treaty in the year One thousand six hundred and nineteen, which although it was then Articled and Agreed upon by both Nations, yet the Ambition and Avarice of the Dutch, would not admit of so deliberute a course, but with rash hands would of themselves cut their way to their own ends, and use neither delay [Page 152] nor conscience where gain or profit did appear. The English Factories at Amboyna began to be rich, and were a great eye-fore unto them who could not indure that any should Traffick there but themselves; On the eleventh therefore of February, in the year, One thousand six hundred and twenty two, a laponen who served the Dutch as a Souldier was apprehended upon suspition of Treason, and put to the Torture, the pretense was for asking the Sentinel, what was the strength of the Castle? The Extremity of the Torture was such, that it prompted him to confess whatsoever he perceived they would have him to say, which was, that himself, and sundry others of his Countrymen there had contrived the taking of the Castle; Upon this confession (which made a great noyse amongst the Dutch, and administred them a subject upon which to act, even according to their own desires) divers other Iaponers were examined and tortured; This Examination continued four dayes, during which time, diverse English Men that belonged to the Factory, [Page 153] had every day their ingress into the Castle and egress from it, they heard of the torturing of the Japoners, and of the crime laid to their charge, never dreaming of the bait that was prepared for themselves: at the same time there was Prisoner in the Castle one Abel Price, an English Man, for threatning in a drunken humour to set a Dutch Mans house on fire: The Dutch being glad they had such an Instrument to work on in their Custody, they showed him some of the Japoners whom most grievously they had Tortured, and told him, they had confessed that the English had combined with them for the taking of the Castle; whereupon having put him also to the Torture, they enforced him to confess whatsoever they desired of him; Immediately upon this, Captain Towerson and the rest of the English that were in Amboyna, were sent for to the Governour of the Castle: They in obedience to the command, did all of them repair unto him, one man excepted, that was left to keep the Factory; The Governour told Captain Towerson, that he and many other of the [Page 154] English Nation were Accused of a Conspiracy to surprize the Castle, and were to remain under Custody untill a further Tryal; instantly they attached the person that was left at home in the Factory, and the Merchandize of the English Company was taken into the Dutch Custody by Inventory; All their Chests, Boxes, Books, Writings, and whatsoever was of any Value in the English House were seized on, Captain Towerson was committed to his Chamber, having a Guard of Dutch Souldiers; Emanuel Thomson, one of the Chiefest of the Factors, was kept Prisoner in the Castle, seven others, viz. John Beaumont, Edward Collins, William Webber, Ephraim Ramsey, Timothy Johnson, John Fardo, and William Brown were sent aboard the Ships of the Hollanders then in Harbour, some to one ship, some to another, and all made fast in Irons: The rest of the English that were in the other Factories in the same Island were apprehended; Samuel Colson, John Clark, George Sharrock were found in the Factory at Hitto, and Edward Collins, William Webber, and John [Page 155] Sadler in the Factory at Larica, who were all brought Prisoners to Amboyna. John Powel, John Weatheral, and Thomas Ladbrook were apprehended at Cambello, and John Beaumont, William Griggs, and Ephraim Ramsey at Loho, and brought in Irons to Amboyna on the 20th. day of February.
In the mean time the Governour and the Fiscal intend to lose no opportunity, in the prosecution of the fine Plot that was contrived; John Beaumont, and Timothy Johnson are sent for from aboard the Unicorn; Being come into the Castle, Beaumont was left with a Guard in the Hall, and Johnson was taken into the place of Torture, where by and by to the great grief and astonishment of his heart and understanding, Beaumont heard him to make a lamentable Out-cry, and then to be silent for a little while, and not long afterwards to be as loud in his hideous complaints, if not louder then before; After this Torture Abel Price the Chyrurgion, who was first of all wracked, was brought in to accuse him; But Johnsons heart being as stout as it was [Page 156] innocent, and not confessing any thing, he was remanded to the Torture again, where Beaumont heard him to roar, and cease from roaring, and then to roar out again, enough to soften the hardest stones into compassion; Having been a whole hour in this Purgatory of Fire and Water, they brought him forth wet all over, and burned in severall places of his body, and so laid aside in a by-place in the Hall, with a Souldier to watch him that he should speak to no man. After him Emanuel Tompson was examined in a room adjoyning to that where Johnson had been Tortured, where being an hour and a half in his Examination, and his Torment, he was carried another way, and passed not through the Hall, where Beaumont attended, and every hour expected the dreadfull summons; At the last, Beaumont was called in, and with deep protestations denying what was propounded to him, he was made fast to the Rack, and the cloath being tyed about his Neck, and two men with Jarrs of Water in their hands being ready to pour it on his head, the Governour [Page 157] commanded that he should be taken down again saying, that he would forbear him a day or two longer, because he was an Old Man.
The next day being Sunday, Robert Brown was called in, and being on the Rack, and the Torment of Water given him, he confessed all as the Fiscal asked. After him was Edward Collins called in, whose Hand and Feet being fastned to the Rack, he prayed to be respited, saying, he would confess all; But being let down, with great Oaths and Execrations he protested his innocency as before, yet told them, that because he knew that by Torture, they would: make him to confess any thing, though never so contrary to the Truth, they should do him a great favour to tell him what they would have him to confess, and he would acknowledge it to avoid the torture; At which the Fiscal being angry, he was hoysted up again, and the Torment of Water being given him, he was not able to endure it, but prayed to be let down again to his Confession▪ After which having deliberated a little with himself, he [Page 158] confessed he had a hand in the Plot for the surprisal of the Castle, and being demanded of the Fiscal, whether Captain Towerson were not an Associate in the Conspiracy; He Answered, No; Whereupon the Fiscal told him, that he lied, for said he, Did not he call all of you of the English Factories unto him, and tell you, that the daily Affronts and Abuses of the Dutch had put a Plot into his head, and that he wanted nothing but your Consent and Secrecy ▪ A Dutch Merchant standing by said; And did not you all swear upon the Bible to be secret to him? Collins with great Protestations replyed, that he knew nothing at all of it: Being then delivered again into the hands of the Executioner, the sense of the late Torture so prevailed upon him, that he confessed all to be true which they had spoken. Being thus respited, he was demanded, whether the President of the English at Iaccatra, or Master Welden Agent for the English at Banda were not privy to the business; to which he again answered, No; Afterwards the Fiscal propounded other Interrogatories [Page 159] unto him, and perceiving that Collins knew not what answer to make, he helped him to confess those things which he thought most conducing to his purpose.
Next to him was Samuel Colson brought in, who for fear of the pain when he saw Edward Collins come forth, chose rather to deny nothing that was propounded to him then undergo the Torments of Fire and Water in the Attestation of his Innocence: But Iohn Clark was of another Resolution, he was no sooner brought in by the Souldiers and Officers, but by and by he was heard to make a hideous and a lamentable complaint, which continued for the space of two hours, during which time as they abated or increased his Torments, he diminished or doubled his cryes at the Sense and horrour of his Sufferings. The two Elements of Fire and Water, although merciles of themselves, by making their Fury more deliberate, were here instructed to be more unmercifull, whiles accurate cruelty did torment even invention it self to torment the Innocent; [Page 160] The Rack ordained for the confession of great and grievous Offences is oftentimes but an unfaithfull discoverer of them; for whiles men are put to those torments, which Flesh and Blood are not able to endure, they confess those crimes which their Flesh and Blood were no wayes accessary to. Two hours was this poor Man under the torment of Fire and Water, yet confessed not any thing, at which his Tormentors being amazed, they did cut off his hair, thinking belike, that the strength of his Resolution lay in his hair, when indeed it lay in the Justice of his Cause, and the Innocence of his Conscience. Afterwards they hoysed him up again, and with lighted candles they did burn him in the bottom of his feet, untill the moisture that dropped from them did put out the candles, yet even then they applyed fresh lights unto him; They burnt him also in the elbows, and in the palms of his hands, and so horridly under his arm-pits, that his Inwards might evidently be seen▪ At the last, when they perceived that he could make no handsome [Page 161] Confession, they led him along with questions of particular circumstances which they had framed of themselves; And being wearied and overcome with Torments, he at last, according to their own wishes, made Answer to whatsoever they demanded of him. Being then released from his Martyrdom, they sent him out by four Negroes, who carried him between them to a Dungeon, where he lay five dayes without any Chyrurgian to dress his wounds, untill his flesh being putrified great Maggots creeped and dropped from him in a most loathsom, and noysome manner.
In the like manner, the rest were all Examined, but none of them were so heavily Tortured, for some of them to avoid the Torment, made suddain Confessions, others at the first or second drenching with the water, Answered to all the Interrogatories of the Fiscal. Captain Towerson himself being reserved amongst the last, untill the Torments of those that were Examined before him might Rack out something from them that might Evidence against Him, was brought into the Court, where these younkers of Holland, like another Council of Rehoboam sate in Judgement upon Him, he deeply did protest his Innocence, to Encounter which they produced the Persons and Confessions of [Page 162] Samuel Colson, William Griggs, and John Fardo, Samuel Colson being told, that unless he would make good his former Confession against Captain Towerson, he should be commanded again to the Torture of Fire and Water, did coldly and faintly re-affirm what before he said, and so was dismissed; the other two being brought face to face before Captain Towerson, he charged them, as they would Answer it at the dreadful Day of Judgement to speak nothing but the truth, at which both of them trembled down upon their knees, and besought him for GOD's sake to forgive them, they openly acknowledged that that whatsoever they formerly had confessed was most false, and spoken only to avoid the Torment; Upon these words the Fiscal, and the rest of this High Court of Justice did command them again to the Torture, which they would not endure, but affirmed their former Confession to be true.
I do find this Torment was so terrible to Flesh and Blood, that it even startled the Courage of Captain Towerson himself, who either to avoid the horrour of the Torment, or the infamy of it, confessed some words which the Factor of Cambello in the Isle of Seran, Master John Weatherall should speak, who being sent for, and Examined on the day following, the Captain was [Page 163] brought forth to justifie what before he had confessed, who desiring Mr. Wedtheral to speak the truth, and nothing but the truth as God should put it into his heart; Mr. Weatheral was in a great Amazement, and being ordered to undergo the torture of water, and told, that if water would not make him to confess, fire should; he prayed them to tell him what he should say, or to write down what they themselves pleased, and he would subscribe unto it; but being told that he needed no Tutor, and that they would make him to confess of himself, having hoysted him up four several times, and perceived that he knew not what to say, they did read unto him the Confession of the other Men that had been Examined, and asked him from point to point, and he observing very well which way the world did go, and that his Life must become a Sacrifice to the Rage and Rapine of the Dutch, did still answer yea unto all.
On the 26 of February old stile, the Prisoners were all brought into the great Hall of the Castle to be prepared for death, by their Ministers, being solemnly Condemned the day before, some few of them found mercy, and had their lives saved; Captain Towerson, was kept apart from the rest, and so was Mr. Emanuel Tomson, but some of them by writing found the opportunity [Page 164] to leave a Testimony of their Innocence behind, amongst whom was Captain Towerson, who in the end of a Bill or Obligation wrote these words; Firmed by the Firm of me Gabriel Towerson now appointed to die, guiltless of any thing that can justly be laid unto my Charge, God forgive them their guilt and receive me into his Mercy. Amen.
William Griggs, also did leave a paper to be sent to Mr. Welden Agent at Banda, which came afterwards into his hands; the Tenour of it was in these Words:
We whose Names are here specified, John Beaumont, William Griggs, Abel Price, Robert Brown, Prisoners in the Rotterdam, being apprehended for Conspiracy for blowing up the Castle of Amboyna, being adjudged to Death, were through Torment constrained to speak that which we never meaned or imagined, the which we take upon our deaths and salvation, for they tortured us with that extreame torture of Fire and Water, that Flesh and Blood could no wayes endure it; and this we take upon our deaths, that they have put us to death being guiltless of our Accusation: So therefore we desire that those who imployed us may understand these wrongs, and that you your selves would have a Care to look to your selves, for their intent was to have brought you in also; They [Page 165] asked concerning you, and if we had been Tortured on that particular, we must have confessed you also.
And so Farewell.
Master Welden having perused this Letter, and observed the bloody and inveterate Malice of the Dutch against the English, did not long afterwards leave the Island of Banda to the Dutch, and the English Factories in the Mollu [...]co Islands did follow his Example.
Samuel Colson, also in a Psalter which he had, did leave this Attestation of his Innocence.
The Japoners were taken and brought to Examination, and being most Tyrannously Tortured were asked if the English had any hand in their Plot, which Torture made them say yea; Immediately Mr. Tomson, Mr. Johnson, Master Collins, and John Clark were Examined, and burned under the Arms, Arm-Pits, the Hands, and Soals of the Feet, with another most miserable Torment, of Water, some of them being almost Tortured to Death, were forced to confess that which they never knew, by reason of the great Torment, which Flesh and Blood is not able to endure. Then were the rest of the English Men called, (amongst whom I was one,) being wished to confess, or else I must go to Torment; they withall caused Master Johnson, who was before Tormented, to witness against me, or otherwise he should be Tormented [Page 166] again, which rather than he would endure, he said, he would confess whatsoever they would have him: And for my part, I also must confess that which I never knew, or else I must go to Torment, which rather than I would suffer, I confessed that, which (as I shall be saved before Almighty God) is not True, being forced to it for fear of Torment. At the last they did make us to bear witness against Captain Towerson, and by the same violence for fear of most Cruel Torments, they made Captain Towerson to confess the like, for which we all must dye. As I hope to have pardon for my sins, I know no more than the Child unborn of this Business, for which we all must suffer.
Other Attestations there are to the same effect, which for brevities sake I omit, I shall only insert, that all things being prepared for Execution, the Condemned were brought forth out of the Hall, and passed along by the Chamber where the Acquitted and Pardoned were, who stood in the door to give and take the farewell of their Country-Men that were then going to the Execution; Making a little stay for this purpose, they intreated and charged those that were saved to bear witness to their Friends in England of their Innocence, and that they died not like Traytors, but as so many Innocents [Page 167] meerly murthered by the Hollanders, whom they prayed to God to forgive their blood-thirstiness, and to have mercy on their own souls.
It is observable, that being brought into the Yard, their Sentence was there read unto them from a Gallery, and from thence they were carried to the place of Execution, together with Nine Japons and one Portugal, whom their specious malice to give a better pretense unto their cruelty, had contrived to be of the same Confederacy: They did not go the ordinary and short way, but round about through the Town, and were guarded with five Companies of Souldiers, Dutch and Amboyners, and the Natives of the Island flocked together to behold this Triumph of the Dutch over the Innocent and Condemned English. And it is not to be forgotten, that, on the day before, the English desired of the Dutch Ministers, that they might all receive the Sacrament, as a Seal of the forgiveness of their sins; which by no means would be granted them; whereupon Master Colson said unto them, You declare unto us the danger of dissimulation in this Case; But tell us, if we suffer guiltless, being true believers in Christ Jesus, what shall our Reward be? The Minister Answered, By how much the more Innocent you are, by so much the Glorious shall be your [Page 168] Resurrection; Upon that word Mr. Colson imbraced him, and gave him his Purse and such money as was in it, saying, Sir, God bless you, tell [...]he Governour I freely forgive him, and intereat you to exhort him to repent of his Bloody Tragedy wrought upon us poor Innocent Souls, and proceeding in his Discourse, he spake with a loud voice in these words, According to my Innocence in this Treason, so O Lord pardon all the rest of my sins, and if I be guilty thereof more or less, let me never be partaker of thy Heavenly Joyes; At which words every one or the rest cryed out, Amen for me, Amen for me, good Lord. This being said, each of them knowing whom they had Accused, addressed themselves one unto another, begging forgiveness for their false Accusations, being wrested from them either by the pain, or by the fear of Torture; whereupon they all of them freely did forgive one another, for none of them had been so falsely Accused, but he himself had as falsely Accused another. In particular George Sharrock knecled down to John Clark and craved forgiveness at his hands, who freely did forgive him, saying, How shall I look to be forgiven of God, if I should not forgive you, having my self so falsely Accused Captain Towerson and Others. This Master [...]olson had contrived a Prayer in writing which he did read to his Fellows the night before their [Page 169] Suffering, and now also at the place of Execution, where having devoutly pronounced the fame, he let the Paper fall from his hand, which the Governour caused to be brought unto him, and he kept it. The Names of those that Suffered were,
- Cap. Gabriel Towerson,
- Samuel Colson,
- Emanuel Tomson,
- Timothy Iohnson,
- Iohn Weatheral,
- Iohn Clark,
- William Griggs,
- Iohn Fardo,
- Abel Price,
- Robert Brown.
They had prepared a Cloath of black Velvet for Captain Towerson's Body to fall upon, after his Head had been severed from it, which being stained, and defaced with his Blood, they sent to the English Company and put it on their Account. They sent the Mourning Cloath to the English, but the Scarlet of their Blood-Guiltiness they retained to themselves.
Having thus given you an Account of the Barbarous Cruelty of the Dutch in the East-Indies, it is now high time to look to their Proceedings in the West-Indies, where we shall find their Cruelty as unparallel'd as their Avarice.
The Perfidiousness and Ingratitude of the Hollanders to the English may be traced all along ever since the shook of their Obedience to the [Page 170] King of Spain even unto this present time. But we will pass from their Hypocrisic and Cruelty practised abroad, and look on their Actions at Home; How, almost but the very other day, did they labour to impose upon His. Majesty, and Sir George Downing, his Envoy Extraordinary, by delivering Papers to many Publick Ministers of State at the Hague, as if His Majesty and his Envoy had been prepossessed with them, when they had not the least notice of any such thing? How have they seemed to be most desirous of Peace, when at the same time they have omitted no dayes, even those appropriated for Holy Duties to drive on their preparations for War? How have they stood in defence of their violent and unjust Proceedings, and instead of redressing their Injuries, they have increased them? About three years since, they concluded a Treaty with the English, and having ingaged, that better order should for the future be observed, they have since heaped new Injuries to the utter over-throw of all the Trade of His Majesties Subjects in the East and West-Indies; Witness our Ships, the Hope-well, the Leopard, and some others in the East-Indies; And the Charles, the James, the Mary, the Sampson, the Hopefull Aduenture, the Speed-well on the Coast of Africa; And after all these Acts of the Highest Injustice, [Page 171] and their utmost endeavours for driving on a War, they would make the world believe that his Majesty is the first undertaker of it, who from his own Mouth to their Ambassadour in England, and by his Injunctions to Sir George Downing his Minister at the Hague hath given so many, and such Remarkable Demonstrations to the contrary: What can they say to the Memorial of the complaints which Sir George Downing exhibited to the States General, importing that in the space of a very few years almost twenty English Ships with their whole Lading, to a very great value, have been seized upon in a horrible manner, and the Men in them most Barbarously, and most Inhumanely Treated, being put into stinking and nasty Dungeons, and Holes at Castel. del. Mina, where they did lye bedded and bathed in their own Excrements, having nothing but bread and water given them, and not enough of that neither to sustain Nature, [their Bodies being under the Fury of Exquisite and Horrid Torments;] and when any of them died, the living and the dead were left together, and such as out-lived that cruelty, were exposed in the woods to famine, or to the mercy of wild beasts in those desolate Countries, or to be carried into Captivity by the Natives by which means several Hundreds [Page 172] of His Majesties Good Subjects have perished and been destroyed; And unto this hour, notwithstanding all sollicitations and endeavous of his Majesties Envoy, not one penny of Satisfaction can be had, either for the loss of the Ships, or the Persons concerned in any of them, but to the contrary they have ever since hindred, and shot at the English Ships that have Anchored by them, and have took by force all the Boats of those Natives who have endeavoured to come aboard them, and have seized also upon the English Boats that would go on shore, and deprive them of all manner of Provision, nor suffer so much as fresh water to be brought unto them; And to give a further proof of their Confidence and Ambition, they have published a Declaration, wherein they assume and challenge to themselves a Right to that whole Coast, to the Exclusion of all other Nations; Although, by Order from His Majesty, Sir George Downing, both in Publick Conferences with the Deputies of the Lords General, as also with those of Holland in particular, hath at large Remonstrated His Majesties Right, and Interest in some part therein, having by his Subjects bought the Ground of the King of that Country for a valuable Consideration, and built a Factory thereon; And yet for all this, some of the [Page 173] Dutch-West-India Company by Fraud and ireachery have got into the place, and no hopes of the Restitution of it, but they are resolved to keep by violence what they have gained by deceit. Moreover, what can they say for themselves concerning their stirring up the King of Fantin by rewards and sums of Money, and supplying him with all manner of Arms and Ammunition for the surprizing of his Majesties Castle at Cormantin in the West-Indies; so that an absolute Necessity is imposed upon his Majesty, and his Subjects, either of losing all that have been actually taken from them, and abandoning for ever that Trade it self, or of betaking themselves to some other wayes for their Relief; And what Hope is there of their Restoring back any place which they have once taken. The Island of Polleroon hath been upon surrendring back to the English, ever since the year, 1622. at which, by a Solemn and Particular Treaty it was promised to be done; and again, by another Treaty in the year, 1654. and by an Order of the States General, and the East Company of that Nation in the year, 1661. and again by another Treaty in the year following; And yet to this day, there is not the least mention of any thing Restored; And should any Man then think it strange, that His Majesty [Page 174] after so long an experience of the perversness and deceitfulness of that Nation should suffer his Subjects to repossess themselves of those places, which by the hand of Violence and Oppression they have forced from them.
Now as for the business of the New-Neatherlands, as they are pleased to call it, It hath been abundantly else-where prov'd, that the said Land is part of the Possession of His Majesties Subjects of New England, which their Charter plainly and precisely expresseth: And those few Dutch that have lived there heretofore, have lived there meerly upon the connivence and sufferance of the English, which hath been permitted to them so to do, so long as they demeaned themselves peaceably and quietly; but the Dutch not contenting themselves therewith, have incroached more and more upon the English, imposing their Laws and Customs, and endeavouring to raise Contributions and Excises on them, and in those places where the Dutch had never been, whereupon they have been necessitated several times to send Souldiers for the repulsing of them: Since the Conclusion for the late Treaty the Dutch have made new Incursions upon the English, and given them many new Provocations, and have ordained a Tryal of Causes amongst themselves, and a proceeding [Page 175] by course of Arms, without any appealing into Europe at all. And can any Prince then think it strange, especially the King of France, if His Majesty of England suffer his Subjects to rescue themselves from such continual Vexations, seeing the King of France himself hath been pleased this year, to Order his Subjects to re-possess themselves by force of Arms of a certain place called Cayen, which the French alledge hath been wrongfully kept from them by the West-India -Company of the Neatherlanders. As for the business of Captain Holmes at Capo Verde in Guiney, a complaint was no sooner made to His Majesty, this last year, in the Moneth of June; But His Majesty immediately returned Answer, that he had given no Order nor Direction there into Captain Holmes, and that upon his Return, he would examine the business, and see that Right should be done according to the nature of the Offence: In order whereunto, when Captain Holmes was returned, His Majesty sent him to the Tower, and being afterwards allowed the liberty of some few dayes to follow his particular business, he was again Commanded back, where being strictly and throughly Examined touching the management of the whole matter complained of, he so fully, and so clearly upon every point did acquit himself, that His Ma [...]esty [Page 176] was graciously pleased to grant him his Inlargement, and to restore him again to His Princely Favour. We might in the next place alledge De Ruyters leaving the English Fleet, when with United Councils and Forces, they were to Act against their Common Enemies, the Pyrats and Barharians in the Midland-Seas. We may alledge their Instructions this last year given to Van Campen, at what time His Majesty entertained not any open War against them; which Instructions was in down-right Terms, To Attach and Fall upon His Majesties Subjects in the West-Indies, and to carve out their own Satisfaction and Reparation. Vide, The Discourse of Sir George Downing. And if this be not Affront enough to provoke His Majesty to maintain the Justice of His Cause by the Force of Armes, we leave to the World, and to His Enemies themselves to Judge, and surely that Sword is to be feared▪ which striketh with the Hand of Justice.
This Proclamation being set forth in the year, 1636. served to speak the intent of those Naval preparations made before in the year, 1635. which were so numerous and well-provided, that our Netherland Neighbours being touched with the apprehension of some great design in hand for the Interest of England by Sea, and of the guilt that lay upon their own Consciences, for their bold Encroachments, soon betrayed their Jealousies and Fears, and in them a sense of their offences, before ever the Proclamation was made publick: As I might shew at large (if it were requisite) by certain Papers of a publick Character yet in being. But there is one, Instar omnium, which may serve in stead of all; and it is an acute Letter of Secretary Coke's that was written to Sir William Boswel, the Kings Resident then at the Hague, the Original whereof is still reserved among the publick Papers: In which Letter, he sets forth the Grounds and Reasons of preparing that gallant Navy, with the Kings resolution to maintain the Right derived from his Ancestors, in [Page 67] the Dominion of the Seas; and therefore I here render a true Copy of it, so farr as concerns this business, as most pertinent to our purpose.