England's Command ON THE SEAS, OR, The English Seas GUARDED. Wherein is proved that as the Venetians, Portugals, Spaniards, French, Danes, Polands, Turks, the Duke of Tuscany, and the Popes of Rome have Dominion on their Seas; So the Commonwealth of England hath on our Seas. Wherein the Dutch unjust procuration and prosecution of War against England is also described. Lucan. de Bello Civili phars. 4. Sic Venetus stagnante Pado, fusoque Britannus Navigat Oceano— That is, Venice her Gulf and River Po doth keep: The English on the Ocean vast and deep. London, Printed for Jos. Blaiklock in Ivy-lane, next door to the sign of the acorn, 1653. To the Right Honourable the Council of State. Grave Senators, Presents are accepted, not for their bulk, but for their Virtue; those smaller Offerings from mean persons were under the Law; not only appointed, but approved off by God himself; the Intention not the person commends the Gift: the greater may be more Specious, the less more precious; Even the Widows two mites, were not only not rejected but received and commended by Christ himself. Upon these I gathered courage and confidence to Offer this small Tract to Your Noble Protection: who have sufficient Ability to Defend it from Injury. And I hope Your Honours will be willing to afford it your Acceptance; It speaking but what's true, and needful at this present; It shows what other Nations have done, and to their utmost uphold, what this Land hath in former times rightly and powerfully performed by our victorious Navies at Sea; and as 'tis hoped and expected will be as resolutely and powerfully Continued and Augmented by Your solid Wisdom, Your happy and successful Government. It lays open those subtle and Invading Enemies the Dutch; with their unjust attempts against us of this Nation, together with the manifold miseries our Land will be subject unto in a short time, if our Seas be debarred us by that Insolent people. So praying that God would specially Assist and always Direct you in all Your Honourable and Weighty Consultations, I crave Pardon and Humbly Am, Your Honour's Servant, Donald Lupton. England's Command on the Seas, or, The English Seas Guarded. WE might have framed a long discourse concerning this subject, from several sexts of the Word of God, which do denote and show how several Nations and People have not only assumed and exercised a Power and Dominion upon the Seas; but it is evident that they were invested into that Power by the blessing of God: We will not enlarge upon them, only we will quote some of many; as Numb. 34. your south bordershal be from the utmost Coast of the salt Sea Eastward; and v. 5. The border shall fetch a compass unto the River of Egypt, and the go out of it shall be at the sea. v. 6. You shall even have the great sea for a border. So also Moses blessing the several Tribes, when he comes to Zabulon and Issacar says, That they shall suck of the abundance of the seas, and of treasures hid in the sand. Surely this shows they should have power and Dominion on, and in the Seas; And Jacob when he blessed the Twelve Tribes, pronouncing the blessing upon Zabulon Gen. 49.13. says plainly, yet prophetically; Zabulon shall dwell at the Haven of the Sea, and he shall be for an Haven for ships: And the Prophet David describing the Sovereignty of Christ, in Ps. 72.8. He shall have (says he) Dominion from sea to sea; and also Psal 89.25. I will also set his hand in the sea, & his right hand in the Rivers; and God by the Prophet Isaiah, describing the downfall of Tyre and Sydon and Tarshish leaves not out her great power she formerly had on the Seas, Isaiah 23.2, 3, 4. and also of Tyrus Ezechiel speaks Ezech. 26.16, 17. how all the Princes of the sea shall come down from their thrones, and take up a lamentation for her amongst other say, this is one part of their mourning, the Renowned City which was so strong in the sea: and at cap. 27.3. Thou that art situated at the entry of the sea. V 4. Thy borders are in the midst of the Seas, and the Prophet Nahum 3. v. 8. speaking of Ninivees destruction says, Art thou better then populous Noah? that was situate among the rivers, that had the waters round about it, whose Rampart was the sea, and her wall was from the sea: these several Texts demonstrate sufficiently that the Seas have been allotted and allowed to several Nations, and it appears also, that as long as God's blessing was upon a Nation, he still kept up their power at Sea, so also when he intended their ruin and downfall, he did then weaken and take away their dominion at sea, but we intent not a Theological Tract; to leave these, we intent to make it plain to all our Country men in these particulars following. I. How all Nations of Christendom that border upon the seas, have, and yet do hold their power and Jurisdiction on, and in their respective seas: and more specially. 1. The Venetians. 2. The Portugals. 3. The Spaniards. 4. The French. 5. The Danes and Norway's. 6. The Polanders. 7. The Turks. 8. The Duke of Tuscany. 9 The Popes of Rome. II. That as all these Nations uphold, and to their utmost defend their several and respective powers and Jurisdictions upon their seas: so it is as lawful for the Commonwealth of England to do the like, wherein we show, 1. The great rule, authority and power of the Admitalty of England in our seas. 2. That all foreigners whatsoever were wont to ask leave to pass and repass our seas, and that without leave first had; none durst offer or attempt the passage over them. 3. That all foreigners as well French, as Hollanders, and Zealanders, and others: have at all times humbly asked leave of our Princes or of their officers to fish upon our seas, wherein is showed also how glad they were to have it granted, and what store of Wealth they have gotten by it. 4. What Customs and Taxes and impositions have been laid upon all that had leave to fish. 5. That all other Nations coming with leave upon our seas have stroke sail or veil their Topsails to our ships of war, and to our Castles. 6. The miserable inconveniencies and dangers our Nation will in short time feel and suffer, if we do not uphold the dominion at sea against all Invaders or Opposers, either Dutch, Danes, French, etc. 7. The injustice presumption, and ingratitude of the Dutch made apparent to quarrel us upon our seas by several reasons and undeniable Arguments and first viz. 1. They begun the war. 2. Against us. 3. For our own goods and rights. 5. By their combining with others. Venice. WE begin first with that ancient and rich State of Venice, situated in the Adriatic Gulf, commonly called the gulf of Venice of which Zanthia Nazarius in lib. 1. Epigram says, Viderat Hadriacis Venetam Neptunus in undis Stare urbem, & toto ponere jura mari. That is, Rich Venice in the Adriatic sea doth stand, And doth by Right and Might that Gulf command. It cannot he denied says a good Writer, but that of Ancient time, the Venetians and their Signiory have been possessors and Lords of their Gulf, and therefore the Venetians by an undoubted right may justly forbid the Genoeses and any others from coming upon, or sailing through their Gulf. Angelus de Vbaldis. de jur. Fisci. lib. 8. §. 14. There wants not sufficient examples to show how other Princes and Potentates have asked leave of this State to pass and repass their seas: which they have sometimes granted to some, and sometimes denied to others. They granted it to Ralph Earl of Sales Anno 1399. In the name of Ladislaus K. of Naples & W. Archduke of Austria to convey the sister of that King espoused to the Archduke out of Apulia into the Archduke's Territories, yet though they granted it, they made conditions, and some expressions concerning the quality of some persons not to be then transported, as also the bigness and quality of the ships to be considered. Francis. de ingenuis in Epist. de Venet. jure. And so Frederick the third though an Emperor did ask leave twice of this State of Venice to carry and transport corn out of Apulia through their Gulf. As also of the Kings of Hungary have petitioned this State of Venice to grant leave for to transport corn through their Gulf. Anton peregri. de jure fisci. lib. 8. Sect. 19 So also the Venetians have and do yet make those that come upon the Gulf to pay Custom and Tribute, and that upon default they have power to confiscate such Goods and Merchandises, and to impose the Gabel upon them, for they acknowledge none superior to themselves, and this is, as the Author says, quia tantam habent jurisdictionem in mari: because of their ample Jurisdiction and power they have in the sea, especially the Gulf, Bartho. Caepola. cap. 26. So another, 'tis to be concluded (says he) that all fishing and whatsoever belongs unto it, in the Adriatic sea doth of right appertain to the State of Venice, and consequently, that State hath sole, and absolute power, either to permit, or forbidden any; to impose, heighten or lessen the Gabel upon all sorts of fishers, Anton. peregrin. de jure fisci. lib. 10. §. 18. And a great Civil Lawyer even an Adversary to that Commonwealth, for (he was of Naples) yet confesses plainly that the Venetians for certain have the Rule and Dominion of their Gulf, and proportions how far it reacheth also. Julius pacius Marta. And Plavius Blondus affirms that the Venetians have had always power to proportion Custom, to such who sail on their Gulf. And for this purpose to prevent all fraud and deceit, they appointed a State Officer and furnished him with sufficient Barks and Vessels to demand it, and to sail from shore to shore, and from port to port by night and day to see it effected accordingly. Decad 2. l. 8. Of the Spanish and Portugall's Dominion. FOr the Portugals, as they have been great Merchants on the South and Eastern Seas, so they always provided to keep up their Customs concerning their privileges on their seas. What can be meant else by their inflicting death on such as shall offend, & confiscation of all their Goods beside, witness that Edict and strict Ordinance published, which runs in these words, whoever shall come into our Coasts, Lands, or Regions; especially those of Gumy & India, or into those Seas, or into any other Seas under our subjection; either for Commerce, Trading, Navigation; or, who shall come with Arms and Ammunition to fight without out leave, licence, and authority first had and obtained, shall for so doing and attempting, lose his, or their heads, and suffer confiscation of all his, or their goods: and though there have been, and yet are some who have questioned and scrupled at the large extent of the Portugals power upon the South-seas, and those of India, as usurped; yet they still hold them, and will uphold their seacustoms and privileges, as well knowing the riches, safety, and benefit of them. And to the Defending their jurisdiction on the Seas, they give power to their Admiral to search and find out such as shall any where resist, and to scour their seas; and if they find any offending, or denying obedience, to force them to it, and call them to trial if taken: Jacob. Valdesius quinto lib. de ordinacones tit. 112. Next, let us search what the Spaniards hold concerning their Right and Jurisdiction on their Seas. Gregorius Lopez. partid. 3. tit. 28. lib. 11. The Prince saith he, by his power may give Liberty or Licence to fish in some part of his Sea; but without leave, 'twas dangerous and fearful: And another Writer says, the Dominion of the Sea, belongs to him or them, on whose Borders it lies. Garcias Hisp. lib. de expen. Cap. 21. num. 24. But more remarkable is that title given to the King of Spain, styling him the King of the Ocean; this is known by that of Charles the fifth, Emperor of Germany and King of Spain: In the Preface for the settling of public judgements in his Empire, he is styled king of the Islands, Canaries and of the India Islands, of the seas, and the main Ocean and firm Land, Archduke of Austria, etc. and in the Imperial Charters and Decrees in the tongue. Konig. up de Insulen Canariae Auch der Insulen Indiarum un terrae firmoe, dess Maers, Oceani, etc. Seldenus in Mare Clausum, cap. 17. p. 74. Of the French. THere is not any Nation who seems so stout to defend their Sea-right as the French; yet they of all others have lest performed it; for during not only the Wars, but the time of the Sovereignty of the Kings of England in that Nation; the French who could not, nor durst fight us at Land, had less power and will to affront us at Sea: but yet there want not Testimonials of their Privileges, used against such as should entrench upon them at Sea; and for certain 'tis, though a Nation may for a time be debarred its just Dominion of the Sea, by an overpowering Sword; yet they will endeavour to recover their Rights, Power, Privileges and Jurisdiction again: To speak therefore of these a little, may we not follow the footsteps of them, who have in part discovered in these particulars the Customs of the French concerning their Seas. Capitular. 169. Caroli & Ludovici Impp. lib. 4. tit. 5. Concerning those Counts or Earls deputed and entrusted for the custody of the Sea-coast, and more especially one Rolland, Admiral for the Coast of Brittaigne, in the time of Charlemaign, is to be seen, that he did then impose Taxes, Tributes, or Customs upon such who traded on their Seas, and put into any of their Ports; and not only defended the right of their Action, but also added punishment to any that transgressed; So also did those of Lions under their Prince, Alan and others; and if any came in, or departed without leave of the Prince, or his Admiral, there was then a public confiscation of such ship, or ships with their materials, and if they did suffer shipwreck; that such Merchandise as could be recovered should he pillage: but if they had leave to put out to sea, then if any storm arose, or if they did miscarry, yet the goods that could be saved, should belong to the Owner. Bertrandns in Histor. Brit. minor lib. 1. cap. 13. And nothing is more certain, then in the League betwixt our Edward the fourth, and Francis Duke of Bretaigne concerning commerce and Trading betwixt them, it is confessed, and indeed their own Civil Lawyers attest it that our King at that present was true Lord and Sovereign of those seas, and this League was to continue for 30 years: and though during the wars betwixt England and France, the English did possess themselves not only of a great part of the land, but also of the Sea, as of those of Picardy, Normandy and Gascony, yet the war ending we know they not only did rule and command those seas, but the French theirs also, & so hold their Jurisdiction and Sovereignty of them at present, so that what the French could not do being Conquered, the English did do, being Conquerors. Nor will we omit those two constitutions or Ordinances, the one of Henry the second, the other of Henry the third An. 1555. & 1584. by which 'tis decreed that all ships of foreign Nations coming upon the French coasts, should strike sail to the King's ships and 'tis said plainly, in Imperii Marini Gallorum recognitionem (that is,) in acknowledgement of the French Sovereignty over their seas. Of the Danes, Norways, Polanders, and Turks. WE have evident and experimental testimony of those Nations, how they hold up their Dominion in the seas, as for the Danes and Norvegians their care in this is so strict, that the very gains that come into their Treasury by Impost and Custom, are the greatest of all others, especially when they were inhansed, and advanced as they were by Frederick the second King of Denmark and Norway, towards our English Museovia Merchants 1583. that he made as much profit by the command of the Sound in the Baltic sea, as he did by all his Land. So that he got so much by the Dominion of his seas, that the great Muscovite was glad to come to Composition with him, or else he would as he might have done, interdicted and hindered all Trade into, or from Muscovy. Their power has been so strict and great, that it does appear in the Ancient Records of Denmark, in the time of Harold Hildetane King of Denmark, ne quisquam sine ejus nutu, etc. that none should dare or presume, without his consent and good will, usurp, or take any profit on his seas, because as 'tis said, his benefit and power came in, and consisted by the sea, as well as the Land, Selden. in mare clausum p. 80. & Dan. Hist. lib. 7. 'Tis recorded how many Princes and Potentates King Olo did subdue and destroy by his power at sea. And 'tis certain that Adolphus Gustavus King of Sweden did renounce and disclaim all Right, Dominion and superiority of the sea in Norway, Northland, and all other Kingly claims in Wardhuisen which did any way concern sea businesses, and this was in the Reign of King James, Jun. 1613. And for the Kings of Poland, we have an evident Demonstration of their care to defend, guard and secure their seas, for when Henry the third King of France was elected by the States of Poland, to be their K. his Lords Ambassadors did promise for him, that when he should enjoy the government of that Kingdom than he should suo sumptu Classem sufficientem, & necessariam sustentare ad tuendos portus & dominium maris, (that is) at his own Charges keep a necessary and sufficient Navy to defend those Haven Towns, and uphold that Sovereignty of the seas, which did belong unto that Kingdom of Poland: Syntagm. statutor. lib. lib. 3. tit. 1. fol. 109. Of the Turkish Sovereignty in his Seas. THe Turks as they are the powerfullest Nation by Land, so thy are not negligent to hold up their power by sea, and therefore being possessed of Constantineple & indeed almost of all these Greeks Empire, except some few Islands which the Venetians hold up, so that they style themselves Lords of the black and white seas, for so did Achmet the Turkish Emperor in his agreement with Henry the fourth King of France 47. years since, which was publicly printed at Paris, in which the Grand Seignieur doth give and grant to the French free fishing, and to search for Coral in certain Bays and Creeks of the seas upon the Africa shore betwixt Algiers and Tunis, and this sufficiently shows (if there was nothing else, the Turks care and vigilancy to uphold his Jurisdiction of his seas. Yet one more because 'tis remarkable, and true, 'tis known, that the Turkish Emperor caused those two impregnable Castles called the Dardanels to be builded, the one upon one side of the Hellespont, and the other on the opposite shore in both which he hath planted great numbers of Canon, and they are of exceeding bigness, and command the respective Governors of them, that se qua Navis, (that is) if any, ship should attempt to pass or repass against their wills, that they should sink her forthwith, which Custom he holds and continues to this very day. Corolia. Cappicus in bello Asiatic. lib. 2. And it is for certain that twice a year the Turks set out Galleys with soldiers to scour the seas, and to go from port to Port, to demand subjection and obedience, and some present or other to their Commanders, from all who trade, or are found in their Harbours, or upon denial to force them to it, or sink them, whereupon that memorable fight happened 'twixt two English ships, and their Turkish Galleys sent out for the same purpose, but the Captains of the English ships would neither strike sail, nor yet send any present to them, whereupon the Turks with all their power assailed them, the fight was gallantly maintained by the English, but at last being overpowered with multitude, and having not one gale of wind to come off, they were both sunk, and all the men killed, and made slaves, & our Turkish merchants goods had much ado to be saved in Constantinople. the ships belonged to Alderman Freeman, after Lord Mayor of London, the Captain's name was Hugh Ellis of Limehouse or Wapping. Of the Grand Duke of Tuscany, etc. THis great Dukedom though rich and fertile for all sorts of commodities, yet the Prince keeps his Dominion of his seas, how great are the Imposts and Customs of one of his Ports only (to wit) that of Ligorn, though there be many others, yet one says plainly, that Mare Adriaticum Venetiis, Mare Ligusticum Genoensibus, Tyrenum vero Pisis & Tusciae inservit. (that is) the Adriatic sea doth serve the Venetians, the Ligurian sea the Genoeses, and the Tyrrhene is the Duke of Tuscanie, every one of these, not only defend and maintain themselves by their propriety to those seas, but have and will fight to uphold their ancient Dominion over them respectively. Of the Pope's Power over the Seas. BRiefly (though we think it is fit for the See of Rome to save men's souls if they be Peter's successors, then to Lord it so mightily either by sea or Land, yet that the world may see his jurisdiction and power at sea, in the Roman sea belonging to Rome, we will give you some expressions of his to set forth his lofty mind. Barth. Vgolinus Decensuris Pont. reserv. part. 2. sect. 1. Excomm unicamus & Anathematizamus omnes piratas Cursarios ac Latrunculos Maritimos discurrentes Mare nostrum (that is) we excommunicate and curse all Pirates, sea Rovers, and thiefs, whomsoever that shall hover on or rove on our Seas, and if any take any herrings upon any Holy day, they shall and must pay some to the next Churches, and specially to those Churches which lie nearest to that place where they took them Gloss. 3. tit. de feriis. And further it is, and shall be lawful for any free Citizen of Rome, or Inhabitant of the same, to fish upon Tiber, and the sea belonging to our Jurisdiction at what time, & with what art they can, and it shall be unlawful for any to molest or rob them, provided, they meddle not with waters which belong to other Lords or States, and certain places excepted and named, in which, sine licentia piscarinen licet. Without licence of the Recorder, it is not lawful for them to fish. Stat. urb. Rom: lib. 3. cap. 72. Of the English Sovereignty in the Seas. SURe and certain it is, that as by the Law of Nature and Nations all other Principalities and Kingdoms, Dukedoms, and Commonwealths have and douphold their Titles, Privileges and Dominion over, and in their Seas; it is as just for our Commonwealth to do the same, for why not we use our power, as well as others? are all others free, and shall we now be made slaves? and shall we now be made slaves, shall all other Princes enjoy their own, and shall we be debarred and robbed of ours? and by such only, who have no justice to claim or conscience to oppose it, shall be made good therefore to all, what absolute, and just Right and Dominion we have to our seas; and I hope, if my peu be not of force to convince those insolent Dutch; yet our thundering Cannon in short time will confound them for their ingrateful and impudent injustice and presumption. Have the greatest Kings and Princes of Christendom been glad to ask leave to come upon and pass and repass our seas, and shall we ourselves ask leave of others to do it now? Durst not the stoutest of all Nations dare to fish upon our coasts without leave first granted, and satisfaction promised, and given, and shall we now not dare to do it ourselves? Have our Admirals and our Navies been the terror of Europe, and shall we so soon be stripped both of valour and goods too? what, have the Dutch now that liberty and power to themselves, which they formerly begged for at our hands, or is their Right now become so, because they imagine they have might to effect it, shall all force if offered, and prevailing, be accounted for just? if they be so bold to attempt to get why not we as good and resolute to hold our own? we hinder them not of theirs, why should they debar us from ours? cannot, or must not our men go out of their own houses or Havens for fear of Vantrump or a Boorish Dutchman: that we may, & by God's protection will; we lay down these conclusions and Arguments, to show to the whole world the baseness of the Dutch, Hollanders, and Zelanders, with others who are combined to assist them against our just Rights and privileges upon the seas. 1. That the Dominion, Government, Rule, Jurisdiction and Command of our seas hath always belonged and been upheld by the English. 2. From the custody, Rule, and Admiralty of England in our seas. 3, From all Foreigners, ask leave to pass and repass our seas. 4. From the giving of liberty to foreign Nations to fish on our seas, and that by leave only from us, and from Customs paid to us. Thomas Moulton was in the Reign of Henry the third styled Capitaneus & Custos Maris, the Lord Admiral and keeper of the seas, Rot. part 8. Hen. 3. and under him the Cinque ports kept the coast of England, and the seas, Henry 3. hence was that Commission to Sir Hugh Crequier to guard the seas. Edward the first appointed three Navies towards the guard of our seas one for Yarmouth Road, another for Portsmouth, and the third for the Western and Irish Seas, Edward 1295. In the Reign of Edward the second also there were three Admirals for the the saveguard of our seas: the Lord Oturwin, the Lord Kiriel, and the Lord Felton, custodiam Maris habebant, say the Records, and these guarded our seas. And in that first Parliament of Edward the third, fourteenth of his Reign, that they would have a care to secure the peace of the Land, & limitis Scotici & Maris (that is) and of the borders of Scotland, and of the seas. And so under Richard the second, Hugh Calverley was made Admiral, and Thomas Piercy was joined in Commission with him to order and govern the seas, for that year, 2. Rich. 2. And so it was in full Parliament agreed that the Earl of Salisbury, John Earl of Shropshire, John Earl of Worcester, and James Earl of Wilts, with the Lord Stourton, (under King Henry the sixth, should have the guarding and Rule of the seas, cum classe numerosa, with a mighty Navy, and afterwards that care was committed to John Duke of Excester. Henry 6.38. And further in the Reign of the same King, the Commons desired, and did think it fit that the seas be kept. Rot. Par. 20. Hen. 6. Artic. 29. And no less appears by Chaucer who lived in the time of King Richard the second, a famous Poet, who says, (ut mare custodiretur) that the sea might be guarded and kept, and he gives this reason. Keep your seas 'twixt Orwel and Middleborough still, You'll be sure to have wealth Flow in at your will. Of the Tributes, Taxes, and Subsidies, paid for our safeguarding the Seas. TO pass over the point of Dane-Gelt and such like pressures of this Nation, though indeed it was used by William the first and second, and by Henry the first, and by Stephen, Kings of England, yet it was employed for the custody and safeguard of the seas, that they might not be infested by Danish Pirates, nor the Land suddenly invaded, and it was in the Reign of Edward the first laid out to the same purpose, as it is evident in Rot. 72. penes Camerarios sacrarii. And to this purpose likewise was Subsidy money granted in full Parliament in the time of Edward the third, for to safeguard the Realm and the Sea, the Scotch borders, Gascony and the Islands belonging to England, this was then thought just and necessary, not only by the King and the Lords, but also by the Parliament. Rot. Parl. 13. Edw, for they include the safety of the Land to be by the able guarding of our seas, and what is worth Observation, 'tis certain that in the Reign of Richard the second there was a cerrain Tax and Tribute laid upon any ship, as well Merchants, as Fishermen, and not of our own only, but also upon any foreigner whatsoever that should pass upon our North-east or North seas, and this was imposed, ad maris tutelam, for the safety of the Seas. Every ship according to the burden or Tun paid a certain and set rate 6. d. except such only who passed from Flanders to London, or to Calais with Wool or Hides. Every fisherman paid 6. d. for the Tun weekly, and to this end, there were six stout men of war appointed and set out to sea. Rot. Par. 2 Rich. part. 2. Art. 39 & so all Colliers sailing from Newcastle and carrying Coals, paid quarterly after the Rate of 6 d. the Tun, and not only these, but all other passengers for passing and repassing, and specially such who fished, if Foreigners. Also in the Reign of Henry the sixth, William La Poole Duke of Suffolk was accused in Parliament, because he had not rightly employed the Subsidy moneys, for, and towards the tuition and safe keeping the seas. Rot. Par. 28. Hen. 6. And in the 32. of his Reign there was a Subsidy granted of 40000 l. in tutelam Maris. (that is) for the defence of the seas. To shut up all, who may not find in the Acts of Parliament, as the 1. of Ed. 6. the first of Queen Mary, the first of Queen Elisabeth, and the first of King James, that the Parliament allowed Subsidies for the defence of the Realm, and safeguard of the seas, and for intercourse of Trade, and traffic, and for Merchandises to come safe into, or to be exported hence, as also to hinder any for disturbing our Land by Invasion, or our seas by Piracy; what need all these have been so carefully prosecuted but only to show our Rights, and lawful Jurisdiction upon our seas. To proceed, if we should show the world, the power and large Commissions given to our Lords High Admirals of England, they surely would evidence our Dominion at sea: in vain had they been granted, if not of Right, or if not executed, and to speak truth we find no mention of any sea-fights concerning our title, none were so bold then, or so unjust to challenge a Dominion, or to usurp it on our Coasts, other differences betwixt Kings and Princes caused wars often at Sea, but not this one, which now the insolent and injurious Dutch alone have raised to quarrel with us: to satisfy all men, we will render the form of the Commission of the Lord High Admiral of England, as for many years it hath been granted forth. Damus & concedimus N. magni Admiralli nostri Angliae Hiberniae Walliae, ac Dominiorum, & insularum eorundem. To English it in part, we give and grant to N. the Office of great Admiral of England, Ireland, and Wales, and of our Dominions and Islands of the same, but what power is included? it is plain, that as occasions were greater or less, so his Commission was limited or extended, even as far as to Calais, and the Marches thereof, and to those of Normandy, Gascoyn and Picardy, and therefore one Commission runs, so that we have made, appointed and ordained N. to be Lord High Admiral as aforesaid, and do of our special grace and knowledge give and grant unto N. our great Admiral of all our Navies; and seas aforesaid, all and singular the Jurisdictions, Authorities, Liberties, Offices, Feodes, Profits, emoluments, Shipwrecks, etc. as also all advantages, commodities, preeminences and privileges whatsoever belonging or appertaining unto the said Office of our great Admiral of England and Ireland, and of all other our foresaid Dominions; and when he was invested with this Honour, he was to use his utmost skill and power to put his Commission into execution, but what did that concern? to secure our seas, to fight enemies, to take Pirates, to demand Customs, and Sea Taxes, to protect our Fishermen, to hinder other people from fishing, except leave was first granted to them, and they had agreed to pay what was Imposed on them for their fishing, and to this end the Admiral had power to divide his Navy, some to the North seas, some to the Eastern, and some to the West, and what did all this show, but that the English have and always had an undoubted Right and Dominion in, and over the seas. That learned Antiquary Sir Hen. Spelman in his Glossary hath set down the names, and the year of our Lord, with the Kings that reigned respectively, of all who have enjoyed that Office of Admiralty, or keepers and Guarders of our seas time out of mind, and it seems wonderful, that four such huge Navies should be managed and set forth to sea, the least whereof consisted of one 1000 Sail. The first that bore the title of Admiral of all England was Richard the younger son of Alan, Earl of Arundel and Surrey, and this was conferred on him September 10. A. 10. Rich. 2. Hen. Spel. Gloss. p, 15. And that great Antiquary by diligent search and industry hath brought them down from Richard Lucy the first, in the eighth year of Henry the third, as well for the North seas as the West, unto our times, even unto the 6. of K. James. For certain, large was our Sovereignty at sea: if we please to note two or three of the Lord Admiral's Titles to avoid tediousness, for in the first of Edward 6. Thomas Seymor Knight, Baron of Sudely, Brother of Edward Duke of Somerset, was Admiral of England, Ireland, Wales, Calais, Bulloign, etc. Feb. 17. And in the third of Edward the sixth, John Dudley Earl of Warwick, Viscount Lisle Knight of the Garter, Lord high Admiral of England, Wales, Calais, Bulleign, and the Marches of the same, of Normandy Gascoyn and Picardy, and chief Governor of our Navies, and of all the feas. And so Charles Howard, Baron of Essingham, his Titles go as high in the 27. of Elisabeth: and as they had large Titles, so had they as great force and ability to execute such Right & Title as we have ●o the seas, that they are styled our seas, and in the second of Edward the third, they are called quatuor maria Angliae (that is) the four seas of England what an Ancient & Honourable propriety is expressed and engraven in these words. Next follows to show our Dominion on the sea are Letters of Credence from our Princes in favour granted to such, who have asked leave to pass or repass our seas, such was the leave, and safe guard granted to Ferrando Vrtis of Sarrachon, a Spaniard to sail from the Port of London, through, and by our Kingdom's Territories and Dominions to Rochel Rot. Franc. 5. Hen. 4. Membr. 11. Jan. 5. And Charles the 6. King of France sending to Robert the third King of Scotland about entering into League with him, got leave first for free and safe passage from King Henry through his Dominions, Territories, and possessions, by sea and Land, it seems by these, that England kept the Government of the seas without control then, and why not now? But remarkable is that story; how in the Reign of Qu. Elisabeth, the Kings of Denmark and Sweden too, as also the Hans-towns did often and earnestly solicit, and petition her that she would be pleased to give them leave to pass and repass Her seas, so they counted them then to be, that they might carry corn into Spain, in that time while England and Spain were in war one with another, She wisely did deny them, but they thinking to steal thither without her leave, were taken and made prize, even as they were sailing into Lisbon 13. Jun. 1589. See this also in Thuanus lib. 95. Histor. and when they complained of the Act of the Queen as unjust and against the Law of Nations, and free Trade 'twas answered that they should not have licence or leave to carry arms or corn or any materials serving to hold up the war, but for other merchandises, they should have as free leave as ever. And when as they sent over into England their Agent Sebastian Van Bergen, with Letters of Request, that they might have free leave to Trade, and carry any sort of provision into Spain, they had this tart answer from the Queen and Council; if they durst do so, they should be sure to be severely punished by her Majesty's ships of war, and prize to be made beside. In Declar. Beg. 1589. And the like stout & resolute answer was also given to the Danish Ambassadors desiring & soliciting for the same Anno 1597. And who knows not but John King of Sweden desired leave of the same Queen to carry merchandise to Spain; but what need he ask the reason is rendered. Necesse ei fore Maritimas Reginae ditiones pertransire (that is) he must of all necessity pass by the Queen's Territories and Dominions, in Bib. Cotton: but of this sufficient; the Dutch may be in due time brought to acknowledge as much; they have done it to be sure, and humbly too, which follows next. Leave to Fish upon our seas granted. AS none durst violate our power to pass, so much less durst any adventure to fish upon our seas: without special leave and licence so to do first obtained. And first, Henry the sixth the French King obtained so much favour that he had leave granted him to fish one whole year only, mark how though favoured, yet limited, sometimes 'twas granted to him for six months only, and sometimes again, he might fish when, and where, and as often as he pleased, he had leave, but first did modestly ask it, did not any ways abuse it, this is found in the Rolls of France Hen. 6. reg. yet they were so looked to, that they might not come with herring busses above thirty tun, and that our men should no way be molested, and that they should show due obedience as they expected security, and when they were bolder than welcome their ships were seized on. And now to come to our Eastern seas, and those that are North-east, did not the Hollanders and Zelanders in great numbers fish for heerring and other fish upon our Coast, but 'tis said first having obtained Leave from the Governor of our Castle of Scarborough according to ancient Custom. What can be plainer? did they, and were they glad to ask leave, and now will they take it, and be their own carvers? Camb. in Brit. p. 506. and it is not to be imagined, says our Cambden what a mass of wealth the Hollanders and Zelanders get by having leave to fish upon our Coasts. And so in the time of Queen Elisabeth, an expert Writer says thus, that the Hollanders, Zelanders and those of Flanders, come upon our Eastern Coast, in the beginning of Summer with four or five hundred herring Busses to catch fish, but 'tis said, that before they fish they ask leave first, from the Governor of Scarborough. Hanse in those times had some modesty. See Hitchokes new years gift An. 1580. And King James forbade that they or any other stranger should fish upon our coasts, except the Agents of such Countries residing in London had first obtained leave from the King Edict. Jac. 6. Maii. So 'tis manifest that those of Holland, Zealand, and Faiesland in Edward the 1. his reign, had leave granted to them to fish, and we did protect them also from danger, and this to be near Yarmouth, yet these Letters Patents were not to be in force longer then to Saint Martin's day, behold their limitation! as they had his Princely favour, so they had likewse such a precise time set, and allowed to them, which if they exceeded, they were to stand to his mercy, or justice for remission or infliction of punishment, Rot. Par. Ed. 1. Membran 5. And the Hollanders submission and entreaty to the said King shows, that they would not, could not, durst not fish upon our seas, before they had leave granted unto them from the said King, witness those expressions of the King in that Case. In tender favour and compassion we bear unto those of Holland and Zealand, and to other neighbours we will send out some of our men of war towards the Northern seas, to safeguard and to protect their ships sent out to fish for herring, and to secure and guard their Sea Coasts, whilst they are fishing. How now Landts-man or Dutchman; what you were then not only limited, but also protected by Royal favour, and not only to fish but we defended your very sea Coasts, during that time by our men of war, you were not in those times (it seems) able to secure yourselves, or fish safe without our safeguarding you; for if you had, you would not so earnestly requested this favour at our hands; and will you at present not defend us, if we stood in need of it, (which thanks be to God) we do not, but also fight us in our own bosoms and Channels? how do these recorded favours of ours, (if there were no more) towards you, and unmeritted by you from us, speak shame to your faces for requiting us with so much evil for so much good to your Progenitors, and yourselves too: nay, we had such undoubted power and and Right then on the seas, that you were ordered what ships you should use, and also what number should be employed; and durst not transgress, or disobey then, nay, indeed were glad you could have that favour and benefit by humble Request from this Nation granted unto you, and bestowed upon you. Whereupon 'twas ordered, (and ye durst not nor could hinder that Authority) that sometimes ye might and sometimes ye might not fish at all, and then when permitted, not with vessels that should exceed 30 Tun, and this is plain by the Commissions and Authority given to the respective Governors of Yarmouth, Scarborough, Whitby bay, Selden. in mare Claus. 234. and to this purpose the Rose Noble bears that impression, a King in a Royal ship, and the superscription Edward by the grace of God King of England, France, and Ireland, and on the other side Jefus autem transiens per medium illorum, ibat: Which King defended the seas with a mighty Navy of stout ships to the number of 1100. vessels. 33. of Edward the third Anno 1359. and the very engraving shows enough, as a Royal ship, a King crowned, a Sword, a Throne the Rose. What are these all but so many Blasons of our Rule at sea? According to that English Metre. Or Risen Noble showeth five things unto me, King, Ship, Sword, Rose, and power of the sea. And what less meant the Emperor Sigismond in his speech to Henry the fifth, when he strove to make a peace betwixt him and Charles the sixth, the French King, and he said that it was the true English policy to keep safe our Land, to observe these three things, viz. 1. To cherish Merchandise, 2. To keep the Admiralty. 3. And to be masters of the Narrow sea. And when Sigismond saw Dover and Calais, and observed their situation, said to the King of England. Keep these two Towns sure I wish your Majesty, As your twein eine so keep the Narrow sea. But we proceed to another subject, that gives evident Testimonial of our Sovereignty on the sea, viz. All Foreigners strike Sail, or veil their Topsails to our ships of War. ANd for certain it is, that this Honour our Nation hath had, timeout of mind, and it was really performed by those of Flanders, in their Embassage to our Edward the second, the French indeed at some times have been so bold as to question it, but they were always punished by our men of war for their pride. And it hath been practised four hundred years since in King John his Reign Anno 1200. for he gave out a certain Decree or Ordinance, with the advice of his Lords at Hastings in Sussex, to this effect, if the Admiral of our Navy, in his sailing upon and down our seas, do meet with any ships or Vessels, loaden or unloaden, which will not at his command, or whom he shall appoint, strike sail, and vail, but shall fight our Navy, if they be taken: they shall be adjudged enemies, and moreover, both ships and goods so taken shall forthwith be confiscate and taken for prize, as other enemies, nay though the Masters and Captains of such ships shall after allege that the said ships do belong unto the King's friends, and the men in the said ships shall be punished by imprisonment during our pleasure as Rebels and Traitors. Commentar. de Reb. Admiral. fol. 28. And it is to be seen in the old Records in the Tower: in a bundle of Parchments above four hundred years since, which have reference to the times of Henry the third, and Edward the first. The first of these Parchment Rolls containing an agreement betwixt Edward the first, and Guy Earl of Flanders, concerning the colours and Ensigns to be set upon ships at seas to know and distinguish them, upon one of them on the backside, is written the Baion, but upon the uppermost part of every one of them is added De superioritate Maris Angliae, & jure officii Admirallitatus in eodem; (that is) of the superiority or Dominion of the sea of England, and of the Office of Admiralty in the same. And for the further certainty of the truth hereof, that learned Mr. Selden in his Mare Clausum hath word for word set it forth in print, amongst other particulars in it, I have gleaned so much, that all the States of foreign Princes, who convened about the settling Sea-differences, and there were present very many, as from Genon, Catalonia, Spain, Germany, Zealand, Holland, Friesland, Denmark and Norway, and further 'tis expressly said, Et de Plusours Autres Lieux de lEmpire, with many other likewise of the Empire, yet by all these, the then King of England was reputed, acknowledged and confessed to be as his Predecessors time out of mind always had been En paisible possession de la Sovereign signory de la mier d' Engleterre el des Isles este auns en Icelle, (that is) in the peaceable and quiet possession of the Sovereign Dominion of the English sea, and of the Islands belonging to the same, and they altogether did not only acknowledge this, but did all desire, aod crave to be in, and under his defence and safeguard: Selden in mare Claus. lib. 2. cap. 28. And it appears plainly, that we have had the power of the seas also betwixt England and Ireland, for it was agreed in Parliament Ne quis exterus in mare Hibernico piscaretur (that is) that no stranger or foreigner should fish in our Irish sea, except he, or they had first obtained leave of the Lord Deputy, or from some other Officer lawfully appointed to oversee the same, or from the King and his Council: and hereupon it was, that there were set Rates to be paid for several ships, as one or any ship of twelve Tuns should pay yearly 13 s. 4 d. and if lesser 2. s. and in case they failed in performance here of then the ships, weapons, furniture, and all the goods, to be for prize, Statut. Hibern. 5. Ed. 4. C. 6. and King James commanded it, that no stranger whatsoever, not having leave first granted unto him, should fish upon the seas, Edict. 6. Jacobi 7. So also is it as manifest, for our Dominion and power upon the Northern seas, for King James and the Parliament ordered for the seas, thus, That all manner of Fishers that occupy the Seas, and other persons whatsoever, who slay or kill herring or white fish upon the Coast, to bring them into free Ports, whereby his Majesty's Customs be not defrauded, nor his Highness' Liege's, or Subjects be frustrated of the commodity appointed unto them by God, under the pain of confiscation of the Vessels and goods of all that come contrary hereto, to the King's use, E dict. 7. Jacob. R. Martii 6. & Parliam. 4. Jac. cap. 6c. The Reader would be weary if we should produce more examples and Precedents of this kind, that therefore we may the sooner conclude this Treatise, having already sufficiently showed our privileges, authority, power, jurisdiction and Dominion on, and over our seas, in the next place we lay open to all men. What miseries & inconveniencies, our Nation will in short time suffer, if we do not uphold our power at sea against all Invaders or opposers what soever Dutch, Danes or French. ANd first a general decay of Trading and Merchandise, which as it is one of the sinews of our Land, so 'tis as advantageous there's, none so ignorant, but knows the inestimable benefit that our Nation always hath had by foreign traffic, how have thousands, and ten thousands been enriched, and made great by it? what famous sea Captains, and seamen hath it maintained alone? what infinite sums of Treasure hath it brought into our land? how doth it keep millions of people in honest labour, and helps to the maintaining thousands of Families, and for certain the decay of it alone will quickly be felt through the whole Land; for this therefore, if there was nothing else to incite all English men it behoves us to our utmost to keep up our power at sea. Secondly Invasion by foreign foes to be feared, especially at this present, All our Neighbour Nations are up in Arms, great Navies daily at sea, we are the people that are the most hated and envied, and opposed, how would the Dutch and Dane, and Scots, and Irish and French, with others rejoice to see us ruined by Invasion, and certain it is our safety at Land consists in our power at sea, what calamities and desolations would not an Invasion bring in with it? all our just Rights and privileges would be canceled, our Laws abrogated, our Towns and Cities plundered and fired, our Castles destroyed, our Liberty lost, our wives and children and ourselves made slaves or butchered forthwith, all our precious things devoured by strangers, and enemies: and therefore, 'tis good for us to maintain our forces and ships at sea, liberally and willingly, and we are all bound to crave God's blessing and protection to be for ever with, and over them. That therefore the Hollanders and Zealanders' baseness and injustice may be unmasked, and all good people of the Land satisfied and settled in their minds concerning our maintaining our war against them, and any other, who shall combine with them, for there be thousands who mutter at the business, and seem to bear affection to their cause, though indeed without cause; we wish them to consider these following Arguments against the Dutch fight with us and for own seas. The Dutch injustice and Ingratitude to Fight againstour Nation. FIrst, they begun the war, and kindled the fire, and blowed the first Coal. They were the first Offenders, so 'tis just and fitting on our parts to repulse the injuries and Affronts offered us, that this is true witness the barbarous and uncivil usage showed to that ever Honourable Statseman the Lord Saint John, when he was Ambassador from our State and resident at the Hague, the harbouring and maintaining the public Enemies of our State, their common sending in Arms, and all manner of warlike provision into Scotland and other places which were at war with England; Add to these their scandalous seditious pamphlets and books allowed to be printted in the disparagement of our State and Nation. These things are but some of those many, but these are all too true. Secondly, as the Dutch began the war, so (as they conceived) they took the advantage of the time also, intending to surprise us before we could have been in a ready posture to receive them, and for certain had not our State been prudent to foresee their craftiness, and our Mariners and Land Soldiers as ready and willing to furnish our ships forthwith, they might have effected more on a sudden upon us, than now they are able, but to come to a period, we give our Countrymen a hint only. 3. Thirdly, as they were crafty to cull out the time, so they show themselves as Ingrateful to set against us their neighbours, their friends, their old and trusty friends, their conservators, both of life and liberty, of wives, children, towns, and all whatsoever at present they have, and what we did for them 'twas freely and throughly performed, witness that famous battle of Newport, when as all the Dutch did run the field, and all the Scots were killed nay, the Prince of Orange wept, and gave all for lost, and was run a shipboard, and when the Spaniards called openly Victoria, victoria, sancta Cruz. & sancta Maria yet all this while, though Sir Francis Veer, that Renowned Commander was also shot, and could not give direction, yet that religious and valorous Brother of his, Sir Horatio Veer, with the English Regiments kept the field, and fought it out to the utter overthrow of all the Spanish Army, according to that Song composed upon that battle. In Flanders once the field was fought, With 40000. men at least, The Scotchmen stoutly held it out, The Dutchmen showed themselves like beasts. For most men say, all ran away Courageous called our English men. But if that we had not set them free, Judge in what case they had been then. We spend our blood to do them good, And help their Country to defend. They pawn their Towns for English Crowns, Which our good Queen to them did lend. What can they now, (though so swelled with pride say to this certainly we have deserved better from them, but what can be expected from such Boorish people, But such ungrateful returns. Fourthly, as they begun, and now, and against us, so they are as Injurious to fight with us upon this occasion for defending our own goods, our own just Rights, our freedom, and sea privileges, which do not in any the least manner belong unto them; 'tis true, they have been many years proling, and attempting, but now they take open arms to infest us. Fifthly, not by themselves alone, but by soliciting other Nations to help them, as if it were not enough for themselves to do Injury, except they fetch in other Confederates to make us, if they can miserable to the utmost; and to this purpose they send their Agents to France to Denmark, to Sweden, to Germany, with horrible and false Suggestions, and Informations against this Commonwealth of England, the sooner to incite them to fight against us of this Nation; and if possible utterly to ruin us; But we leave them knowing that as their beginning of war was simply unjust, so the end of it will prove as miserable and destructive to the Prosecutors of it, O Dutch Hollander, remember we say, remember what will do in the end thereof, take one line more. With pride they are so puffed, and blown, That every bore's become a State Their former life is no more known, But forget what we did of late They boast and say, we must away, Even home unto our Native Land. But ere 6. year we greatly fear, They'll wish that we did by them stand. But to conclude our subject, we may assuredly say, that perit quodfacis Ingrato, Save a thief from the gallows and he'll be the first to do you a mischief, for certain 'tis that these Dutch ever since the coming in of King James to the Crown of England, have been the sponges of England's Treasure, & have been the people above all others who have decried and vilified our Nation, in all the East and Southern parts of the world; and not only so, but have fomented occasions of quarrels, and raised scandalous jealousies of our Nation towards them, and upon mere false informations have rigorously, nay barbarously proceeded to the murdering our Merchants and Factors wherever they could lay hands upon them, before ever they gave the least intimation of the crimes committed to our State, or indeed before and fault was really per petrated by our Nation to them in those parts. And we cannot think their intentions to be altered from what they were: we shall be sure to find them worse against us, now if they obtain that which they have been long endeavouring, viz. The Dominion of the seas) and therefore Brave England have a care thy seas to defend, Thou needst not fear whether Dutch be thy foe, or friend. FINIS.