THE sovereignty of the BRITISH SEAS. Proved By Records, History, and the municipal laws of this kingdom. Written in the year 1633 By that Learned Knight, Sir JOHN BOROUGHS, Keeper of the Records in the Tower of London. London, Printed for Humphrey Moseley, and are to be sold at his Shop at the Prince's arms in St Paul's churchyard. 1651. To the Reader. BE not startled to see so great a subject handled in so small a Volume. When you have read but a little of this little, you'll think the author was tender of your trouble but not of his own. For (how cheap soever you come by this Book) it cost the Author the perusal and search of the best, and most Records of our Nation. And yet he was one that knew well enough how to value his time; for none made better use of it; and (in these kinds of Scrutinies) you may believe he went the best way, because he knew them all, and trod them every day; it being his Office not to be ignorant of any Records that concerned the Honour or antiquity of this Island. It was written at the request of a great Person, who desired to understand the true State of the Question, concerning the Dominion of the British Seas, as well what Histories as our own Records would afford. And here 'tis done in a little room; for the Author was able to speak fully, and briefly both at once. Some others have written of the same Subject; and if we thought any spoke more, or so much, in so short compass, we should forbear the publication of this. We are borne in an Island, and cannot go out of it without asking leave of the Sea and wind; and not to know what Right we have to that Water which divides us from all the World, is something ill becoming such as can read, and may know for reading. The Title is not too big for the book, though one of the greatest Ships of the World was called by the same name; and (if some knowing Persons be not deceived) our Author was the first that hinted it, having written this Discourse three years before that famous vessel was built. Farewell. The sovereignty Of the Seas of ENGLAND. THat Princes may have an exclusive property in the sovereignty of the several parts of the Sea, and in the passage, ●ishing & shores thereof, ●s so evidently true by way of fact, as no man that is not desperately ●●pudent can deny it and for the point of right, though some of late have endeavoured by way of argument to prove the contrary, affirming them to be not only public but common; yet the notorious practice of all Maritime Countries, the necessity of Order in mutual commerce, and the safety of men's persons, goods, & lives had taught even the most barbarous Nations to know by the light of human reason, that laws are as equally necessary for the government and preservation of such as frequent quent the Seas, as of those that trade, and negotiate on the firm land. And that to make laws, and to give them the life of execution must of necessity require a supreme authority, for to leave every part of the Sea, and shores to an arbitrary and promiscuous use, with correcting out and securing power in case of wrong, or danger is to make men of the like condition with the fishes that live therein, of which the greater doe usually devour, and swallow the less. I conceive therefore that Princes do entertain these school Problems, and criticisms, no otherwise then with contempt and scorn, much disdaining to be wrangled out of the ancient rights & regalities annexed to their crowns, by the subtle Arguments of wit and sophistry, specially considering that amongst the civil Lawyers themselves there is so great diversity of opinion, whilst some peremptorily maintain, Groitus de Mari libero. That Mare & littora maris jure Gentium sunt communia. Others as confidently saying, Videmus de jure Gentium in mare esse distincta dominia sicut in terra. Baldus ad L. dererum dominijs. And further, mare ipsum ad centum usque milliaria pro territorio districtuque illius Regionis, eviproxim. appropinquat assignatur: with many other like alterations Barthol. in Tract. de Insulis. diameter wife contradictory the one to the other; And therefore the question being not as yet resolved amongst themselves, it were strange to think that Princes in the mean time will relinquish the possession of those Royalties which they and their Ancestors have held beyond all memory, without a judgement first agreed upon, and affirmed in the case. And for his sacred Majesty our dread sovereign Lord the King, such is his clear and indubitable right to the Superiority of the Seas of England derived and confirmed upon him by immemorable prescription, and continued in possession even until this very year 1633 that the hearts and consciences of all just men must necessarily subscribe to the evident truth thereof. But if contrariwise any shall presume and go about actually to dispossess his majesty of this his undoubted birthright, or usurp upon his sovereignty in a case so highly concerning his honour, and safety, as well of his own kingdoms and subjects, as of other Nations that under the wing of his protection do pass those Seas, his majesty (no doubt) will never be unprovided of a good sword to vindicate that right which all his royal progenitors have carefully maintained, the laws and customs of this kingdom have ratified and confirmed, & foreign Nations have freely acknowledged; as by the subsequent monuments of Record, History, & the Common laws of the land will evidently appear. When Julius Caesar first undertook the Invasion of this our Isle of Britain, he found the neighbouring Nation of the Gauls in a manner altogether ignorant of the Island itself, the condition of the Inhabitants, their towns, Havens, & approaches, Quae omnia fere Gallis erant incognita, con de bello Gallic. l. 4. fol. 72. m. 8. neque enim temere praeter mercatores adit ad illos quisquam, neque eis ipsis quidquam, praeter oram Maritimam, atque eas Regiones quae sunt contra Galliam, notum est. So are the words of Caesar whereby it appeareth that the Britains kept off all Strangers except Merchants from approaching their confines, & that those Merchants in their access were restrained to the shore only, that lay opposite to the Gauls, without being suffered to make further discoveries of the more remote coasts. Insomuch that the same Caesar upon diligent examination of those Merchants, Ibidem. Neque quanta esset Insulae magnitudo, neque quae, & quantae Nationes incolerent, neque quem usum belli haberent, aut quibus institutis uterentur, neque qui essent ad majorum navium multitudinem idonei portus, reperire poterat. which restaint of strangers they could not otherwise make good but by the goodness & greatness of their Shipping, as may be gathered by the words of the same Caesar afterwards used. For though the Britons for ordinary employment, & Rivers, and upon the Coasts near the main, had Ships composed of mean stuff, having their keels, and Ribs made of slight timber, and the rest of the Hull rooven up with osiers covered with leather. Carinae Primum ac statumina ex levi materia fiebant, De bello Civil. lib. 1. p 233. reliquum corpus navinm viminibus contectum coriis tegebatur: (From whence Caesar took his pattern of those Ships which he was forced to frame on the sudden for passing his Army over the River near Ilerda in Spain, without which he had utterly lost both it, and himself) yet had they, and their Confederates, other shipping of so great bulk & strength, & withal so serviceable in fight at sea, that Caesar in their description preferreth them far before those of the Romans; for in the naval preparations made by the Gauls of Venice, near the mouth of the River Loyer (wherein he expressly saith, that they had (Auxilia) supplies from the opposite part of Britain) he setteth forth their Ships in such manner as (considering the time) may justly move admiration. De bello Gallico. lib. 3. pa. 55. Ipsorum Naves (saith he) ad hunc modum factae armataeque erant. Carinae aliquanto planiores quam nostrarum Navium, quo facilius vada, ac decessum aestus excipere possent, prorae admodum erectae, atque item puppes ad magnitudinem fluctuum, tempestatumque accomodatae, Naves totae factae ex robore, Ibidem. &c. And again, Neque enim his nostrae rostro nocere poterant, tanta erat firmitudo, neque propter altitudinem facile telum adjiceb atur. Et eadem de causa minus commode scopulis continebantur. Accedeb ant ut cum saevire ventus came pisset & se vento dedissent, & tempestatem ferrent facilius & in vadis considerent tutius, & ab aestu derelicta nihil saxa, & cantes timerent. And presently after, circiter ccxx. Naves eorum paratissimae, atque omni genere armorum ornatissimae è portu profectae nostris adversae constiterunt. Neque satis Bruto qui classi praeerat, Neque Tribunis militum, Centurionibusquequibus singulae naves erant attributae constabat, quid agerent, aut quam rationem pugnae institerent, Rostran enim noceri non posse cognoverant, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} turbibus artem excitatis, tamen has altitu do puppium ex barbaris navibus super abat, ut neque ex inferiori loco satis commodè tela adjici possent, & missa à Gallis gravins acciderent. And that the Britons not only at this time but in most of those wars of the Gauls, did send them aids, and supplies against the Romans, the words of Caesar evidently declare, who intending to invade their country, pretended no other quarrel then, De bello Gall. lib. 4. Quod omnibus ferè Gallicis hostibus nostris inde subministrata auxilia intelligebat. Yet these three confederates and neighbours the Gauls they permitted not freely to pass the British seas, but kept them from knowing so much as their opposite coasts, save only by way of Trade and merchandise. And this to certain appointed places near the sea-shores where the known Marts and Staples were appointed for commerce and traffic. By all which it manifestly appeareth that before the Roman conquest the British Nation had the supreme power and command of their own Seas without the competition of any other Nation whatsoever. So likewise when the Romans had made themselves possessory Lords of the Island, and the sovereignty of the Seas thereunto belonging was in them, and accordingly continued and was maintained, without encroachment, or pretence of title thereunto made by the other. But when the civil wars and distraction of the Roman Empire had by exhausting of the flower of the Britain youth, so much enfeebled the Nation, as enforced them to call in the Saxons to their aid against the Picts their insolent neighbours, & for suppressing the national factions grown up amongst themselves, and those Saxons (working upon the weakness of the Britons) had expelled them from the better parts of the kingdom, though for a time they were diverted from settling their own affairs by the powerful invasions of the Danes and their homebred quarrels, grown by reason of the several petty kingdoms of their heptarchy, yet when they were all reduced under one head, they forgot not to assume their right of sovereignty in the seas of England. As did the most noble Edgar, who in the glorious title of his Charters, yet extant of those times, speaketh as followeth. Altitonantis Dei largiflua Ex. Charta fundatiovis Ecclesiae chathed Wigor. clementia, qui est Rex Regum. Ego Edgarus Anglorum Basileus omnium-que rerum Insularum Oceani quae Brittaniam circumjacent, cunctarumque Nationum, quae infra eam includuntur Imperator & dominus &c. And for maintenance of this his sovereignty he continually kept in readiness a Navy of four hundred ships, which being divided into four several Fleets of one hundred Ships a piece did every year after Easter take their course to the four quarters of England where they remained to guard, and scour the Seas until winter following. So saith Ranulphus Cestrensis. Ranulphus Cestrensis. Idem quoque Edgarus 400 Naves congregavit ex quibus omni anno post festum Paschale, 100 Naves ad quamlibet Augliae partem statuit, sic aestate Insulam circumnavigavit, hyeme vero iudicia in Provincia exercuit. Etheldred after Edgar for defence of the Seas, and kingdoms caused of every three hundred and ten hides of land a ship to be built, which meeting at Sandwich, made the greatest Navy that ever this kingdom set forth to Sea. And Canutus the Dane, coming not long after to be King, first of half the realm by by composition between him, and Edmund Ironside, and after the death of Edmond of the whole survivorship, did fôr his own time (as his Successors of the Danish race after him) preserve the Seas of the kingdom in their former estate, without admitting any the neighbour Princes to have any dominion in any part thereof. And so they remained in the time of the Confessor until the conquest made by William Duke of Normandy, in whose reign, and for many descents after him, the sovereignty of the said Seas was so far from being evicted that it was never so much as questioned by any Nation until the time of Edward the first, about the year 1299. and the six and twentieth of his reign. At which time the King of France being upon terms of hostility with those of Flanders, did by his Commission constitute one Reyner Grimbald admiral of his Navy which he then sent forth against the Flemings by virtue of which Commission, Grimbald in passing to and again in the Seas of England, took upon him sovereign Jurisdiction, as admiral unto the French King in those Seas, taking the people, and Merchants of England, and other Nations, and carrying them into France, where he caused them to abide his judgement, and a ward concerning their goods and merchandise; But shortly after the Kings of England and of France appointed by agreement certain Commissioners (Termed Auditors in the Record) to hear, and redress the wrongs interchangeably done by their Subjects contrary to the peace formerly made between them at Paris, before which the Commissioners the Agents (or Procurators as the Record nameth them) for the Maritime coasts of the greatest part of the Christian world, of Genoa, Spain, Germany, Holland, Zealand, Freezland, Denmark, and Norway, made this remarkable acknowledgement and declaration following, which out of the old French of that time I have rendered into English, the title whereof is thus in Latin. De superioritate Maris Angliae & jure officii Admirallatus in codem. Record in the Tower of London. To our Lord's Auditors deputed by the Kings of England & of France, to redress the damages done to the people of their Kingdoms, and of other Territories subject to their Dominions by sea, and by land, in time of peace and truce. The Procurators of the Prelates, Nobles, and admiral of the sea of England, and of the commonalties of Cities and towns, and of Merchants, mariners, Messengers, Pilgrims, and of all other of the said kingdom of England, and the Territories subject to the Dominions of the said King of England, and of other places, as of the seacoasts of Genoa, Cataloigna, Spain, Almaigne, Zealand, Holland, Freezland, Denmark, and Norway, and of divers other places of the Empire, do show, That whereas the Kings of England, by reason of the said kingdom from time whereof there is no memory to the contrary, have been in peaceable possession of the Dominion of the Sea of England, and of the Isles being in the same, in making, and establishing laws and Statutes, and restraints of arms, and of Ships, otherwise furnished then to ships of merchandise appertaineth, and in taking surety; and affording, safeguard in all cases where need shall be, ariè in ordering of all other things necessary for maintaining of Peace, Right, and Equity, amongst all manner of people, as well of other Dominions as of their own, passing through the said Seas, and the sovereign guard thereof, and in doing Justice, Right, and Law, according to the said laws, Ordinances, and Restraints, and in all other things which may appertain to the exercise of sovereign dominion in the places aforesaid. And A. de B. admiral of the Sea deputed by the King of England, and all other admirals ordained by the said King of England, had been in peaceable possession of the sovereign guard, with the cognizance of Justice, and all other the appurtenances aforesaid, except in case of appeal, and of complaint made of them to their sovereigns the Kings of England in default of Justice, and for evil Judgement, and especially in making Restraints, doing of Justice, and taking surety of the peace of all manner of people using arms in the said Sea, and carrying Ships otherwise furnished, and set forth then to merchant's Ships appertaineth, and in all other points where a man may have reasonable cause to suspect them of Robbery, or of other misdemeanours. And whereas the Masters of the ships of the said kingdom of England in the absence of the said admiral hath been in peaceable possession of taking Cognizance and judging all actions done in the said Sea, between all manner of people according to the said laws, Statutes, restraints, and customs. And whereas in the said first Article of confederation lately made between the said Kings in the treaty upon the last peace at Paris are comprised the words which follow in a Schedule annexed to these presents First it is estreated, and accorded between us, and the messengers and Procurators aforesaid in the names of the said Kings. That the said Kings shall from this time forward be one to the other good, true, and loyal friends, and aiding against all men (save the Church of Rome) in such manner, as if any one, or more whatsoever they be, would disinherit, hinder or molest the said Kings in the Franchises, liberties, privileges, rights, duties, customs of them and of their kingdoms they shall be good and loyal friends, and aiding against all men that may live, and die, to defend, keep, and maintain, the Franchises, liberties, privileges, rights, duties, and customs abovesaid, except to the King of England Mounsieur John Duke of Brabant in Brabant, and his heirs descended of him, and of the daughter of the King of England, and except to our foresaid Lord the King of France the excellent Prince Mounsieur Dubart King of Almaigne, and Mounsieur John Earl of Anhault in Anhault, and that the one shall not be of counsel, or aiding, where the other may lose life, member, estate, or temporali honour; Mounsieur Reyner Grimbald master of the said Navy of the said King of France, who names himself admiral of the said Sea deputed by his Lord aforesaid in his war against the Flemings, after the said confederation made, & established, and against the form, and force of the said confederation, and the intention of them that made it, wrongfully assumed the office of the admiralty in the said Sea of England, by the commission of the King of France, and used the same one year, & more, taking the people and Merchants of the kingdom of England, and of other places passing through the said Sea with their goods, & delivered the people, so taken to the prison of the said Lord the King of France in the Ports of his said kingdom, as to him forfeited, and accrueing. And the taking, and detaining of the said people with their said goods, and Merchandise, as also his said judgement, and award hath justified before the Lords' Auditors in writing by virtue of the authority of his said commission of the admiralty aforesaid by himself usurped, and during a restraint generally made by the King of England by reason of his power, and according to the form of their articles of the confederation aforesaid, which containeth the words underwritten, requiring that he might be acquitted, and absolved of the same, to the great damage and prejudice of the King of England, the Prelates, Nobles, and others above named. Wherefore the said procurators in the names of their said Lords, do pray your lordship's Auditors aforesaid that you cause due, and speedy delivery of the said people with their goods and Merchandise so taken and detained to be made to the admiral of the said King of England to whom the Cognizance of the same of right appertaineth (as is before expressed) So that without the disturbance of you, or any other, he may take Cognizance thereof, and to do that which appertaineth to his office aforesaid. And the said Mounsieur Reyner Grimbald be condemned, and constrained to make satisfaction to all the said parties dampnified, so far forth as he shall be able, and in his default his said Lord the King of France, by whom he was deputed in the said Office; And that after due satisfaction made to the parties damnified the said Mounsieur Reyner, be so duly punished for the violation of the said confederation, that his punishment may be an example to others in time to come. In the Record these memorable points are to be observed. First, That the Kings of England had then been in peaceable possession of the said Dominion of the said Sea of England by immemorable prescription. Secondly, that the sovereignty belonged unto them, not because they were Domini utriusque ripae, as when they had both England and Normandy, and so were Lords of both shores. For Edward the First at this time had not Normandy, but that it is inseparably appendent and annexed unto the kingdom of England, our Kings being superior Lords of the said Sea, by reason (as the said Record speaketh) of the said kingdoms. Thirdly, only the Kings of England had power to make laws, and exercise supreme Jurisdiction over all persons, and in all causes within the said Sea, and in their absence to the Masters of their said Ships only appertaineth. Fourthly, That the, King of France could not make an admiral in that Sea without doing wrong to the King of England, but that it was an usurpation upon his right. Lastly, that all this was affirmed, and acknowledged by the Agents of most part of Christendom, being strangers to the Crown of England. Surely I believe no Prince in the world can produce clearer evidence for any part of his estate then the King of England by this Record can do for his sovereignty, and exclusive Jurisdiction in the Sea of England. Yet for further declaration hereof, I will add certain others of succeeding times in affirmance of that above mentioned. The first whereof is that of King Edward 3. being an Article amongst others, upon which the King's Justices were to be advised, with all the title of the Record, being as followeth. Articuli super quibus Justiciarii Domini nostri Regis sunt consulendi. Item ad finem quod resumatur, & continuetur ad subditorum prosecutionem forma procedendi, quondam ordinata & inchoata per auum Dominum nostruns Regis, & ejus Concilium ad restituendum, & conservandum antiquam superioritatem Maris Angliae, & jus officii Admirallatus in eodem, quod corrigendum leges & statuta per ejus Antecessores Angliae Reges du dum ordinata, ad conserv an dum pacem & justitiam inter omnes Gentes Nationis cujuscunque per mare Angliae transeuntes, & ad cognoscendum super omnibus in contrarium attemptatis in eodem, & ad puniendum delinquentes & damna parti satisfaciendum. Quae quidem leges, & statuta per Dominum Richardum quondam Regem Angliae in redditu suo à terra sancta correcta fuerunt, interpretata, declarata & Insula de Olleron publicata & nominata in Gallica lingua. Lay loy Olleron. In this Record (as in the former) the ancient right of the King of England's superiority in the Seas of England, and the large extent thereof is clearly specified, but especially in the conclusion we may observe to the great glory of our English Nation, that the famous laws of Olleron (which (after the Rhodian laws were antiquated and absolete) have now well near 500 years been received by all the Christian world for regulating Sea affairs, and deciding Maritime controversies, were first declared by King Richard the first (a King of England) at his return from the Holy land, and by him caused to be published in the Isle of Olleron (then belonging to the duchy of Aquitane) and thereupon, and from that Island took their name, which they yet retain; and this is the more worthy of note, because until this Record (being lately found) was produced, the most learned Lawyers, and Antiquaries of our times were altogether ignorant by whom those laws were ordained, and why they were so called. To the same purpose and effect is this original in French, but expressed here in English. Item, Record Regis in Tower. to the end that having seen and considered the forms of proceeding and Letters, ordained by the counsel of our said Lord (Grandfather to the King) for them, and the said Nation of England, to recover, and retain the said Subjects, Assistants and Allies, and to cause redress to be made unto them for all damages done to them on Sea, and Land during the said Truce, Peace, and Confederation, and against the form of the same by the said French their Assistants and Allies, and to show the clamour of the people for the said disinheritance, and the damages which by reason of such clamour might happen, and especially to retain the sovereignty, which his Ancestors the Kings of England used to have in the said Sea of England, as touching the ancient declaration, and interpretation of laws by them made to govern all manner of people passing through the said Sea. And first to his admiral, and Masters, and mariners of the Ships of the Cinque Ports of England, & of all other Lands annexed to the crown of England, belonging to his Army in the said Sea, the like forms of proceedings and letters be henceforth observed, with all such amendment as may be ordained by the said Consells of our said Lord the King to the profit, and honour of him. And moreover the Record following, showeth how much that great King Edward the third held himself in honour bound not to suffer the dominion of the Sea to be lost, or impaired in his time, but especially we are in it to observe that the Kings of England were anciently as now Domini Anglicani circumquaque. Lords of the Seas environing England, for so the words of the Record are. Rex dilecto, & fideli suo Galfrido de Say, Admirallo flotae suae naevium ab ore aquae Thamisiae, versus partes Occidentales, salutem. Cum nuper nos animadvertentes quod Progenitores nostrûm Reges Angliae, Domini Maris Anglicatani circumquaque, & etiam defensores contra hostium invasiones ante haec tempora extiterunt. Et plurimum nos taederet si honor noster regius in defensione hujusmodi armis (quod absit) depereat temporibus nostris, aut in aliquo minuatur &c. Mandamus vobis quod statim visis presentibus, et absque ulteriori dilatione, naves portuum praedictorum & alias naves, quae jam paratae existunt super mare tene atis. And first to the practic proof of this Dominion, and superiority in all succeeding times, what can be more pertinent, and material then to show. That the Kings of England successively have had the sovereign guard of the Seas. That they have imposed taxes and tributes upon all Ships passign and fishing therein. That they have stopped, and opened the passage thereof, to strangers as they saw cause. That all wrecks and and royal fishes therein found are originally due and do belong unto them. Every of which particulars the testimonies following will amply manifest. As touching therefore the guard of the Seas. It is apparent by the Records of Parliament, and by the printed books of Statutes, that Tomage and Poundage were granted, as for other reasons, so especially, and all ways, for enabling the King to guard the Seas. And accordingly divers admiral's from time to time were constituted by Commission for that purpose, of which there are multitudes of precedents upon Records. It may suffice to insert this one instead of many. Rex Charissimo consanguineo suo Henrico Duci Exoniae salutem. Sciatis cum nos &c. retinuerimus vos sub certis modo & forma ad proficiendum in servitio nostro supra Mare, super custodiâ ejusdem, &c. Ordin avimus & assignavimus vos, & vobis tenore presentium plenam, et sufficientem committimus, et damus potestatem, et authoritatem generalem et specialem ad proficiscendum supra mare cum retinentia vestra, Piratasque et Spoliatores, Mercatorum, et Piscatorum tam Anglorum, quam extraneorum cum eorum Navibus, et capiend. et arrestand. et eos juxta casus et juris exigentiam similiter castigand. &c. And to this purpose we find frequent protections granted to such of the Subjects as were in service with their admirals, As to Thomas Warren of Bristol, qui in obsequium Regis in comitiva dilectiet fidelis consanguinei Johannis Comitis Wigorum unius custodum Maris super salva custodia et defensionem ejusdem Maris moratur. So likewise unto John Warde, qui in obsequio Regis in comitiva dilecti, & fidelis consanguinei nostri Richardi comitis Sarum unius custodum Maris super salva custodia & defensione ejusdem profecturus est. And the like to Richard Clarke, qui in Regis obsequio in comitiva dilecti & fidelis consanguinei Regis Johannis comitis Oxoniae unius custodum maris super salva custodia & defensione ejusdem moratur. I shall not need to more of elder times for declaration of this point, since our own memories can testify that divers Ships have been sent forth by our sovereigns at sundry times upon the like employment, besides those that have constantly kept the Narrow Seas, unto which all strangers even at this day veil Bonnet in acknowledgement of this superiority, according to this Ordinance made by King John many hundred years past, worthy to be remembered, and observed, which out of the old French I have here verbatim translated into Enlish. Item, Inter leges marinas sub fine It was ordained at Hastings for a Law and custom of the Sea in the second year of the reign of King John, by the advice of the Lords temporal, That if a lieutenant in any voyage being ordained by Common council of the kingdom do encounter upon the Sea any Ships or vessels laden, or unladen, that will not strike and veil their Bonnets at the commandment of the lieutenant of the King, or of the admiral of the King, or his lieutenant, but will fight against them of the Fleet, that if they can be taken, they be reputed as enemies, and their Ships, vessels, and Goods taken, and forfeited as the Goods of Enemies, although the Masters or Possessers of the same would come afterwards and allege, that they are the Ships, Vessels, and Goods of those that are Friends to our Lord the King, and that the common people being in the same be chastised by imprisonment of their bodies for their rebellion, by discretion. Concerning Taxes, and Tributes imposed upon Ships passing, and fishing upon our Seas, and Coasts, it will be proper in the first place to set down the Ordinance made in the second year of Richard the second by the assent of the whole estate in the Parliament, which upon the Roll of that year is recorded in these words. Ordinance et grant per I advise des Merchants de Londres et des autres Merchants vers le North per assent de touts les Commons de Parliament per devant le Countes de Northumberland et le Mayor de Londres pourle guard de mere et costs de Admirall des North aux deux niefs. Primerment pur prender de chacune neif et Crayer de quelque passage que passe per la mere le dit Admirall alant et retournant pur le voyage de de chacune Tonne tight vj. ᵈ Iten de prendre des autres neifs et vesseaux possioners et p●sson entour autres poissonniers sur le me re deins le dit Admiralty de quelle portage quil soit en troys Semanies de chacune Tonne tight: vj. ᵈ Iten de toutes autres neifs Crayes & vessaux passantes per mere deins le dit Admiralty charges ove biens de Merchants in Exprenx on en Northway on en Zion Ga de chacune Tomne tight vj. ᵈ In which Ordinance of Parliament we may plainly observe that these payments were imposed upon all ships passengers as well as fishers within those Seas. And to the like purpose is this of Edward the fourth. Rex dilectis & fidelibus johanni Henningham militi Willo Hopton, Pat. 22. E. 4. part 1. in 2. de conductu sive gardia Waftorum piscatorum. Edv. Ynce, & Johanni Wamfllet; salutem Sciatis, quod cum nos pro securitate Subditorum nostrorum commitatum Northhampt. & Southhampt. quam Navium, & Piscatorum avi super mare per Costenus eorundem Comitatum piscari voluerunt sub conductu & salva gardua dilectorum & fidelium nostrorum Edw. Ynce, Johannis Dabey, unius valectorum Coronae, et Will. Thederston, quos custodes, conductores, et Waftores pro securitate dictorum Piscatorum versus inimicos nostros, super mare existentes, ad presens ordinavimus, de fidelitate, et provida circumspectione vestris plenius confidentes, assignavimus vos conjunctim, et divisim, ac vobis plenam potestatem et authoritatem tenore presentium damus et committimus, tam ad custodes, conductores, et Waftores illos supervi vendum, quam ad communicandum cum quibusdam Pifatoribus cujuscunque patriae fuerint, qui in partibus praedictis, sub securitate dictorum, Edmundi Ynce, Johannis Dabey, et Will. Federston piscari voluerint, Quod ipsi piscatores et eorum quilibet ad omnia, et omnimoda costas onera et expensas eisdem custodibus conductoribus et waftoribus persentium sint tempore piscationun contributores, ad hujusmodi costas, onera, et expensas illa de hujusmodi piscationibus, piscatorum praedictorum, ubicunque inueniri poterunt, levandum et colligendum. Nec non ad omnes alios fore custodes, conductores, sive waftores alios, quam prenominatos, presumentes, vel attemptantes, arrestandi, et capiendi et prox. Goalae nostrae committendum ibidem salvo, et secure, quousque eorundem deliberatione ordinavimus, custodiendum, similiter authoritatem et potestatem damus et committimus. Et ideo vobis et cuilibet vestrum mandamus quod circa praemissa diligenter intendatis, et ea faciatis et exequamini in forma praedicta. In this Record is manifestly expressed that the King appointed wafters to guard the fishers, not only of his own realm but foreigners and strangers that fish upon his coasts, and that the wafters took a ratable proportion of every Ship towards their costs, and expenses, in securing their fishing. And lastly that these wafters were to prohibit all other wafters whatsoever that presumed to take that office upon them, and to commit them to prison there to attend the King's pleasure. Camden's Brit. To this effect the venerable Camden in his description of the North riding of Yorkshire saith, that the Hollanders in their fishing for herring upon the Northcoasts of England did first obtain licence of Scarborough Castle for to do. But that which is most material to the sovereign command, and propriety of our King in this point of fishing, especially appeareth in that all Neighbour Princes have by treaty obtained licence for their Subjects to fish in our seas. As in truce, and abstinence of war agreed between Henry the fourth, and the French, to the intent the Fishermen might fish in all parts, the King sent forth his Letters, as followeth. Le Roy au toutz nous Admiralls & a fin qu'en cest present herringinson les poissonniers de l'un pertie, & de l'auter puissoint peshenre plus seurement in le mere les Herrings, & touts autres poissons entre le haven de Scarborough, & de fin de pays de Flanders verle East & dillonques sur le coast de Angleterre insanes an haven de Southampton & sur le coast du Royanne de Frence de le dit fin de tout le dit pays de Flanders nisques a riviere de Sound, sc. voulomus & avomus ordonne & oustre ordonnomus ottryons per ses presents; Que touts les poissonniers de la dite partie de France poissoynt pesher seurement les herrens & toutz autres pessons durant cest herringnison & nisques an primer jour de Januarie prochainment a vener & denis & entre les bounds dessus limites. The like liberty was granted by treaty between Henry the sixt and the Duchess of Burgundy to those of Brabant, and Flanders, witnessed by the Record following. Rex omnibus ad quos, &c. Inspeximus quasdam continuationem, prorogationem, & elargationem nuper facta super facto intercur sus, & commutationis Merchandiz & Piscariae maris & aliarum rerum necessarium ad utilitatem communem nostrorum regni Angliae dominii & Hiberniae et villae Caliciae ex una parte, et Ducatus Comitatus patriae Brabantiae, Flandriae, et Dominii villae Machlinae ex altera parte. Amongst other Articles this is one. Item et touts pecheurs tam de Angleterre Ireland, et Calais peaceablement aller partont sur le mer pur pischer et gaigner leur venvre fans impeachment on disturber de l'une party on de l'auter. So in a Truce to endure for thirty years between the King of England and his heirs on the one party, and the Duke of Burgundy and his heirs on the other part. One Article is. Item et touts pecheurs tam D'angleter quam d'Ireland et de Calais sicome de pais de Mon Sur le Duke quelqueles soyent purront peaceablement aller par tout sur le mer pur pescher, et sans 〈◊〉 lour so it be saigne sur ceo requirer ou obtitiner asc licence conge ou sau● conduict, etc. The like in a truce, Franc. 8. E. 4. and abstinence of War, to endure the space of thirty years between Edward the fourth and his heirs on the one part, and Francis Duke of Britain on the other part, where one Article is. Item et touts, pescheurs tam D'angleter' sicome du dit pais et Duche de Britaigne quelqueles soyent purront peaceablement aller par tout sur mer pur pescher, et gaigner lour unture, sans impeachment ou disturber delv'ne partie au de la'uter, et sans ceo lour soit besaigne sur ceo requirer sans conduct. Moreover, Philip the second, King of Spain, in the first year of Queen Mary obtained licence for his subjects to fish upon the North coast of Ireland for the term of one and twenty years, paying yearly for the same a thousand pound, which was accordingly brought into the Exchequer of Ireland, and received of Sir Henry Fitton, being then Treasurer there, as his son Sir Edward Fitton hath often testified. To conclude this point; It is notorious, that at this day the King of France (as others of his predecessors have done) by the special licence of the King of England, fisheth upon our Coasts near Rye, with a set, and limited number of small boats, and that only for provision of his own household, being tied to observe the Orders and laws of his own Fishermen; for breach whereof divers of his Subjects of late years have been taken and imprisoned in Dover Castle, and elsewhere. Nor doth the King of England in these particulars claim, or use any exorbitant Jurisdictions, and differing from that of other States and Princes in like case, who generally give Aliens laws to pass or fish in the seas coasting upon their Territories. And also impose Taxes and Tributes for their own profit and commodity. The Emperor of Russia compelleth all Fishermen within the Seas, though it be many Leagues from the main to pay him Tribute. In Scotland and other Islands under the King of Swede they are enforced to pay Taxes. The King of Denmark at his Wardhouse in the Sound, hath for a Licence a dollar, and for the seal or Rose, a Noble of every Ship, and for every last of Herrings, being 12 barrels, a dollar. The Duke of Medina Sidonia in Spain, hath his greatest revenues out of the Taxes laid upon Fishermen for their fishing in Tourney. All Princes of Italy bordering upon the Seas receive a proportion of like benefit. And the Hollanders themselves impose taxes on the fishes taken by their own Fishermen in our Seas. Now for the King of England's sovereignty in opening and stopping the passage of his Seas, the precedents of ancient times imbarging, and staying, not only pirates or Enemies, but friends also that were suspected to trade with Enemies, or had done particular wrong to the English subjects, or upon some other urgent occasion, or reason of State, are so frequent in Record of Story, that the transcribing and reading of a thing so generally known, would certainly be esteemed loss of time & labour. I remember those of Hamborough, and other Easterlings (though in amity with us) in the late reign of Queen Elizabeth of famous memory, were notwithstanding stayed from passing through our Seas towards Spain, and good prize made of all other Nations that attempted to do the like without licence first had and obtained from hence. I will therefore only note by the way to this purpose, that strangers being to pass through our Seas either in coming to us, or going to any other place without so much as touching upon any of the King of England's Countries, have used to take safe conducts, and licenses of our Kings to secure them, and protect them in their passage, thereby acknowledging the right of their superiority in this behalf in the Seas. Of which sort amongst many, the recital of these two shall suffice. France. 11. H. 4. de salvo conductu. Rex per literas suas patentes per triennium duraturas suscepit in salvum, & securum conductum suum, ac in protectionem, tuitionem & defensionem suas speciales Edw. Sygal et Opicinum Lomeline de Jean Mercatores cum bonis, & Merchandizis suis in quibusdam Bargis, Carakis, sive navibus in partibus Janus carcatis, & alibi carcandis, ab iisdem partibus in Regnum, Dominum et potestatem nostra veniendam, et exinde ad partes suas proprias tam per terram quam per mare transeundo, et redeundo. This was granted to certain Merchants coming with their ships, and goods out of Italy into England. That which followeth was to those which passed the Seas as well to other places, ubicunque placuerit, as this kingdom. Rot. Fran. 38 H. 6. de salvo conductu. Rex per literas suas patentes de gratia sua speciali suscepit in salvum & securum conductum suum, ac in protectionem, tuitionem, & defensionem suas speciales Robertum Forrester, Rogerum de Clerk, Leonardum Blanch, & Johannem de Conwillis, Mercatores de Normania, et eorum quemlibet, ac factores, Attornatos, et servientes suos et quemlibet eorum in regnum Regis Angliae, ac alia Dominia, Jurisdictiones et territoria Regis Angliae quaecunque vel alibi ubicunque eis placuerit cum una nave vocatale grace de Dieu de Roven, portage 90. Doliorum, vel infra unde Johannes de Bognas, Nundinas de Basher, Martinus Hunday, Johannes de Blanch, Johannes Massey, vel Wilielmus Emry, est Magister Quibusdam bonis vel Merchandizis carcatae et cum 20. Marinariis, et uno pagetto vel infra pro gubernatione ejusdem Navis, nec non pro rebus, herne et aliis armaturis quibuscunque pro corporibus corum; et pro defension ejusdem navis necessariis et defensibilibus, secum habendis, et ferendic. It remaineth to show that by reason of this prerogative and sovereignty all manner of wrecks, and royal fishes taken in our seas, are due unto the King of England only, or unto such unto whom by special charters they have granted the same. For manifestation hereof, although the known and continued practice might suffice, we are to take notice, that by the fundamental Laws of this kingdom, the King shall have wreck of the sea, all Whales and sturgeons taken therein with Porpoyces, and other royal fishes: And for declaration of this Law, the Statute made 17 Edw. 2. concerning the King's prerogative, saith. Item Rex habebit wreccum maris per totum regnum Balenas', Stat. de Praerog. 17. E. 2. cap. 11. et Sturgiones captas in mare, vel alibi infra regnum, exceptis quibusdam privilegiatis locis per Regem. So likewise Porpoyces are adjudged to belong unto the King, unless any man can claim the same by Charter, or Prescription, and accordingly in ancient Charters granted by our Kings to particular places and persons, and among other liberties, wreccum maris is usually passed by special words arguing the King's sovereign right, and power to dispose thereof at his pleasure, by virtue whereof Wreck at this day is taken and enjoyed by many, as well Towns and Corporations as private men. But for clear proof of the right, and practise of this sovereignty, the Record following is very remarkable, and not to be omitted. In a plea between Peter de St. Clear the abbot of Cherbourgh. and Godfery de Carteret Attorney for the Prior (the name of the monastery is worn out of the Record) concerning 2 Tuns of Wine found by certain mariners in alto Mari, Rot. de St. Clear, Iohan. de Frosingfield & all. Justiciar inhabit: Insulis Gersey & Gernsey, &c. anno 2 Ed. 3. and by them brought to land through certain places, where the said parties claimed to have liberty of wreck. After long debate, and full hearing of the case recited at length in the Record, the conclusion and judgement is as followeth. Et Willielmus de Marciis qui sequitur pro Domino Rege dicit quod nullus eorum petere potest praedicta vina et wreccum, quia dicit quod ea tantummodo sunt wreccum, quae fluctus Maris projiciunt ad terram, vel infra portum, vel tam prope terrm quod astantihus in terra possint perpendi, et sic ducantur, vel trahentur ad portum, et ea, quae reperta sunt in alto Mari unde wreccum non existit, quod fluctus Maris ea vellent projicere, sed per laborem Marrinariorum leventur à Mari, et ponantur in Navi, vel batello, et sic invasi ducantur ad terram et non tangunt terram alicujus per trahimitronem nec alio quovismodo, non possunt {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} sed sunt tantummodo de adventuris maris, de quibus nullus potest aliquid clamare nisi salvatores, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} et Dominus Rex concessit libertatem percipiendi hujusmodi adventuras. Et petit judicium pro Domino Rege. Et praedictus Petrus, et alii non possunt hoc dedicere. Et ideo consideratum est quod praedicta vina remaneant Domino Regi (salva salvatoribus parte sua) et Petrus, et alii in misericordia pro falso clamore. Postea unum de praedictis doliis concessum fuit praedicto priori pro lx. de parte sua et de XXs. residuis respondet Domino Regi. Whence we are to observe, that all findings, or things floating in alto Mari, and consequently the main Sea, or channel itself, belongeth to the King, of which those that find the same are to have two parts of three for their share, in respect of their pains, and the other third part is due to the King. For conclusion of that which hath been showed already, I have thought fit to add such precedents out of the municipal, and common laws of the kingdom, marshaled together in one body, or classis, as do affirm this, the King of England's Prerogative, and supreme Jurisdiction in, and over the Seas, which being severally applied to such heads as are formerly set down will evidently evict the truth thereof. Bracton in his book de acquirendo rerum dominio saith. Bracton de acquirendo rerum do minio lib. 2. fo. 19 Si autem insula in mari nata est (quod raro accidit) occupantis sit & per consequens Regis propter suum privi legium. The same Bracton affirmeth that one of the Articles to be inquired before the Justices & Merchants was, de purpresturis factis super dominum Regem sive in mari &c. 6 R. 2. 6. R. 2. upon an action of debt, the defendant sued forth a protection. At which time Justice Belknapp took exception saying, the protection is, quia profecturus est super mare with G. K. Ad mirall; and you never saw protection allowed of, if the party did not go out of the legiance of the King of England in the parts of Scotland, Gascoigny, or France. But the Sea is of the legiance of the King of his crown of England, wherefore it seemeth the protection is allowable, not and you never saw such a protection allowed before this day, But afterwards an express writ came out of the chancery, commanding the protection to be allowed. A child borne upon the King's Seas is not an Alien by the common law. Tempore Edw. 1. a replevin was brought of a Ship taken upon the wast of Scarborough on the sea, and from thence carried into the county of Norfolk, to which Mutford took two exceptions, one because no certain town, or place was named from whence the visne should come; for the wast extendeth four leagues. Secondly because of a thing done upon the Sea, this Court cannot have cognizance. To which Justice Beresford said that the king will that peace be kept as well upon the Sea, as upon the land; and we find that you are come in upon due process, and so no cause but that you should make answer. Doctor and Student saith, that the king is Lord of the narrow Seas, as bound to scour the sea of Pirates, and petty Robbers, and therefore shall have wreck of the sea. By the common Law the King shall have Flostan, Jestan, and Ligan. Flostan being such Goods as after shipwreck do float upon the superficies of the water. Jestan are all manner of goods that the mariners being in danger do cast out of the ship perished. By Ligan is understood all things that are ponderous, and in shipwreck do sink to the ground and bottom of the sea. By all which precedents it is manifest that by the common Law of the land the king is proprietory Lord of our seas; that the seas of England are under the legiance of the king, that the king is the sovereign conservator of the peace as well upon the sea as land, That not only things floating on the superficies of the water but such as lie upon the soil or ground thereof, belong properly unto the king, whereupon I conclude, That Rex Maris imperio Dominio et fundo possidet. And that it may appear how great a King the King of England is by reason of this his sovereignty and dominion, it will not be amiss to take a view of the inestimable riches and commodities, which (besides ourselves) other nations our neighbours do daily reap especially by fishing in our seas, insomuch that no Christian Prince of the world is Lord of any Territory, that (considering all circumstances) yieldeth the like constant, and general benefit; for proof whereof I will briefly set down such observations as others have heretofore made, and we ourselves find by daily experience to be true beyond all exception. The inestimable Riches and Commodities of the British Seas. THE Coasts of Great Britain 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 in the year passeth away without some apparent means of profitable employment, especially to such as apply themselves to fishing, which from the beginning of the year unto the latter end, continueth upon some part, or other upon our Coasts, and therein such infinite shoals and multitudes of fishes are offered to the takers as may justly move admiration, not only to strangers but to those that daily be employed amongst 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 midst of November, both which extend in place from Boughones in Scotland to the Thames mouth. The fishing for Cod at Alamby Wirlington, and White haven near the coast of Lancashire from Easter until Whitsuntide The fishing for Hake at Aberdeny, Abveswhich and other places between Wales, and Ireland from Whitsuntide to Saint James tide. The fishing of Cod, and Ling about Padstow within the land, and of Severne from Christmas to Midlent. The fishing for Cod on the West part of Ireland frequented by those of Biscay, Galicia, and Portugal from the beginning of April until the end of June. The fishing for Cod, and Linge on the North, and north-east of Ireland, from Christmas until Michealmas. The fishing for Pilchers on the west coast of England from St. James tide until Michaelmas. The fishing for Cod, and Ling upon the north-east of England from Easter until midsummer. The fishing of great Staple Ling and many other sorts of fish lying about the lands of Scotland, and in the several parts of the British Seas all the year long. In September, not many years since upon the Coast of Devonshire near Minigall 500 ton of fish were taken in one day. And about the same time three thousand pound worth of fish in one day were taken at St Ives in Cornew all 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 Robin-hood's Bay returned to Whitby full fraught with herrings, and reported that they saw some of those Busses take 10. 20. 24. lasts at a draught of herrings and returned into their own Country with 40. 50. and 100 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 with such multitudes of Cod, Ling, and herring, that one amongst the rest with certain shiphooks, 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 coal. And many hundred of ships might have been there laden in two days and two nights. Out of which wonderful affluence, and abundance of fish swarming in our seas, that we may the better pereceive the infinite gain which foreign Nations make, I will especially insist upon the fishing of the Hollanders in our Coasts, and thereby show how by this means principally they have increased. 1. In Shipping. 2. In mariners. 3. In Trade. 4. In towns and Fortifications. 5. In Power extern or abroad. 6. In public Revenue. 7. In private wealth. 8. In all manner of Provisions, and store of things necessary. 1. Increase of Shipping. BEsides 700. Strand boats, 400. Evars, and 400. Sullits, Drivers and todboats, wherewith the Hollanders fish upon their own coasts, every one of those employing another ship to fetch salt, and carry their fish into other countries, being in all 3000. sail, maintaining and setting on work at least 4000 persons, Fishers, Tradesmen, Women, and Children. They have 100 Doyer boats of 150. Tons a piece, or there abouts. 700. Pinks and Well-boats from 60. to 100 Tuns a piece, which altogether fish upon the coasts of England and Scotland for Cod, and Ling only. And each of these employ another vessel for providing of salt, and transporting of their Fish, making in all 1600 ships, which maintain and employ persons of all sorts, 4000 at least. For the Herring season they have 1600 Busses at the least, all of them fishing only upon our coasts, from Boughonnesse 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 foreign 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 foreign countries. So that the total number of ships and busses plying the herring fair is 6400. whereby every buss, one with another, employeth 40. men, mariners and Fishers within her own hold, and the rest ten men a piece, which amounteth to 112000. Fishers and mariners. All which maintain double, if not treble so many Tradesmen, women and children a land. Moreover they have 400. other vessels at least, that take Herring at Yarmouth, and there sell them for ready money: so that the Hollanders (besides 300. ships before mentioned fishing upon their own shores) have at least 4800. ships only maintained by the seas of Great Britain, by which means principally, Holland being not so big as one of our shires of England, containing not above 28. miles in length, and three in breadth, have increased the number of their shipping to at least 10000 sail, being more than are in England, France, Spain, Portugal, Italy, Denmark, Poland, Sweden, and Russia. And to this number they add every day; although their country itself affords them neither materials, or victual, nor merchandise to be accounted of towards their setting forth. Besides these of Holland, Lubeck hath 700. great ships, Hamborough 600. Embden 1400. 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 10000 sail of foreign vessels, and above are employed and maintained by fishing upon our coasts. So that in Holland there are built 1000 sail at the least, to supply shipwrecks, and augment their store, which as the Prince, and common Nursery, is the chiefest means only to increase their number. 2. Increase of Ma rriners. THE number of ships fishing on our coasts as being aforesaid, 8400. If we allow but 20. persons to every ship one with another, the total of mariners and Fishers amounteth to 168000. out of which number they daily furnish their longer voyages to all parts of the world; for by this means they are not only enabled to brook the seas, and to know the use of the tackles, and compass, but are like wise instructed in the principles of Navigation, and Pylotage, insomuch as from hence their greatest Navigators have had their education, and breeding. 3. Increase of Trade. BY reason of those multitude of Ships and mariners they have extended their trade to all parts of the world, exporting for the most part in all their voyages our herring, and other fish for the maintenance of the same. In exchange whereof they return the several commodities of other Countries. From the Southern parts, as France, Spain, and Portugal for our herrings they return oils, Wines, prunes, Honey, wools &c. with store of coin in Specie. From the straits, Velvets, satins, and all sorts of Silks, alums, currants, oils, and all grocery ware, with much money. From the East Countries for our herrings, and other French, and Italian commodities before returned, they bring home corn, Wax, Flax, hemp, Pitch, tar, soap-ashes, Iron, copper, steel, clapboard, Wainscot, Timber, deal board, dollars, and Hungary Gilders. From Germany for herrings, and other salt fish, Iron, steel, glass, millstones, Rhenish wines, Button-plate for Armour, with other Munition, silks, Velvets, Rash's, Fustians, Baratees, and such like Frank'ford commodities, with store of Rix dollars. From Brabant they return for the most part ready money with some Tapestries, and Hullshop. Yea some of our herring are carried as far as Braseile. And that which is more strange & greatly to our shame, they have four hundred ships with fish, which our men of Yarmouth within ken almost of land, do vent our herrings amongst us here in England, and make us pay for the fish taken upon on our own coast ready money, wherewith they store their own country. 4. Increase 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 Midleburgh having been lately twice enlarged, and their streets, and buildings so fair, and orderly set forth that for beauty, & strength they may compare with any other in the world, upon which they bestow infinite sums of money, (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 40. 50. or 100000 l. Their fortifications also both for number, and strength, upon which they have bestowed infinite sums of money, may compare with any other whatsoever. 5. Increase of power abroad. SUch being then the number of the ships, and mariners, and so great their trade, occasioned principally by their fishing; they have not only strengthened, and fortified themselves at home to repel all foreign Invasions, as lately in the war between 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 than 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. 7. Increase of public revenue. MOreover how mighty the public revenue, and customs of that state are increased by their fishing, may appear in that above thirty years since, over and above the customs of other Merchandise, excises, Licences, Waftage, and Lastage, there was paid to the State for custom of herring and other salt fish above 300000 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 only, whereunto 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 money 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 public treasure. 7. Increase 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 prices that they are sold for, as also the multitude of tradesmen and artisans, 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, Dunkirk by taking, spoiling, and burning the Busses of Holland, and setting great ransom upon their fishermen, enforced them to compound for great sums that they might fish quietly for one year, whereupon the next year after the fishermen agreed amongst themselves to pay a dollar upon every last of herrings, towards the maintenance of certain ships of war to waft and secure them in their 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 30000 lasts of herrings which at twelve pound per last amounteth to 3600000. and at 16. 20. 30 pound the last they are ordinarily sold; then transported into other Countries it cometh at least to 5000000 l. 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 British Coasts all the year long the total will evidently arise to be above 10000000 l. The great trade of fishing employing so many men, and Ships, at Sea must likewise necessarily maintain as great a number of tradesmen, and artisans on land, as Spinners, and Hempwinders for cables, Cordage, yarn-twine for nets, and lines, Weavers to make sail clothes, cecive Packers, Tollers, Dressers, and Cowchers to sort, and make the herring lawful merchandise, Tanners to tan their sails, and nets, Cooper's to make cask, Block, and Bowle-makers for ships, keelemen, and Labourers for carrying, and removing their fish, Sawyers for planks, carpenters, Shipwrights, smiths, carmen, Boatemen, Brewers, bakers, and a number of others, whereof many are maimed persons and unfit to be otherwise employed. besides the maintenance of all their several wives, and children and families. And further every man and maidservant, or orphan having any poor stock, may venture the same in their fishing voyages which affords them ordinarily great increase, and is duly paid according to the proportion of their gain. 8. Increase of provision. ANd to conclude it is manifest that Holland only affording in itself some few hops, Madders, butter and cheese, aboundeth notwithstanding (by reason of this Art of fishing) in plentiful manner with all kind of provisions as well for life, as in corn, beef, Muttons, Hides, and clothes, as for luxury, in wines, silks, and spices, and for defence, as in pitch, tarr, Cordage, timber. All which they have not only in competent proportion for their use, but are likewise able from their 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 for the fish of our own Seas, impoverish ourselves to make them rich. Insomuch that for want of industry, and care in this particular 225. fisher towns are decayed and reduced to extreme poverty whereas on the contrary by diligent endeavouring 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 1000 Ships, and for at least 10000 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 200000 l. yearly custom outward, and for commodities returned inward 30000 l. 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 easy 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 parts of his majesty's Dominions be at our markets in France, Spain, or Italy before the Hollanders can arrive in Holland. We have means to transport our fish into some Northern Countries where the Hollanders seldom 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 day's meat, winter and summer as well to draw on drink, as to satisfy 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 Flemings, 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 which hitherto have hindered 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 days, 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 Fishermen 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 find the shoal of fish, & having found it, dwell amongst it till November, whereas we stay till the Herring come home to our road steads, and sometimes suffer them to pass by ere we look out, our Herring fishing containing only 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 weakness for fear of storms. 5. The Hollanders are industrious, and no sooner are discharged of toding, but presently put forth for more, and seek for Markets abroad as well as at home; whereas our English after they had been once at Sea, do commonly never return again until all the money taken for their fish be spent, and they in debt, seeking only to serve the next Market. 6. The Hollanders have certain Merchants who during the herring season do only come to the places where the Busses arrive, and joining together in several companies, do presently agree for the lading of 30. or 40. Busses at once, and so being discharged they may speedily return to their former shipping; whereas our fishermen are uncertain of their chapmen, and forced to spend much time in putting off their fish by parcels. These and other defects would carefully be taken into consideration, and certain orders made to make our fishing prosperous, and and successful, especially considering the careful mischiefs the neglect 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 itself 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. Because the English fishermen dwelling on the Sea coasts did leave off their trade of fishing in our Seas and went the half Seas over, and there upon the Seas did buy fish of Pickards, Flemings, 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 mariners both able in body by their diligence, labour, and continual exercise of fishing, and expert by reason thereof in the knowledge of the seacoasts, 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 the said Ports of Flanders, Zealand, Picardy, France, or upon the Sea between shore and shore &c. This act by many continuances was continued from Parliament to Parliament until the first of Queen Marie, 1. Mar. ca. 14. and from thence to the end of the next Parliament and then expired. For conclusion seeing by that which hath formerly been declared it evidently appeareth that the Kings of England by immemorable prescription, continual usage, and possession, the acknowledgement 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 supreme command and Jurisdiction over the passage, and fishing in the same rightfully appertaineth, 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, 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 British 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 (moving 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 majesty's crown, and (next 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 hazard of their lives, their goods, and fortunes. FINIS.