Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.
Selden, John, 1584-1654., Nedham, Marchamont, 1620-1678.
Page  [unnumbered]Page  463

ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA; Collected Out of certain publick Papers, relating to the Reigns of K. JAMES, and K. CHARLS.

THE Learned Autor having fully evin∣ced the Right of this Island in the Sea, and that from all Antiquitie, it were superfluous to seek after any farther Testimonies relating to elder times, wherein hee himself hath been so abundant, and alreadie set down the most material; And therefore it is conceived requisite to add a few such Evidences onely, as are found among several Papers of publick Transaction, which are still to bee produ∣ced, Page  464 and will serv to shew how that claim which hath been made successively by all our Kings of the English Race, was continued down to the present Times, by the two Princes of the Scotish Extraction.

In the seventh year of the Reign of King James, this Right was stoutly asserted by Proclamation, and all per∣sons excluded from the use of the Seas upon our Coasts, without particular Licence; the Grounds whereof you have here set down in the Proclamation it self.

A Proclamation TOUCHING FISHING.

JAMES by the Grace of God King of Great Britain, France, and Ireland, Defen∣dor of the Faith, &c. To all and sin∣gular persons to whom it may apper∣tein, Greeting. Although Wee do sufficiently know by Our Experience in the Office of Re∣gal Dignitie (in which, by the favor of Al∣mightie God, Wee have been placed and exer∣cised these many years) as also by the obser∣vation which Wee have made of other Chri∣stian Princes exemplarie actions, how far the absoluteness of Soveraign Power extendeth Page  465 it self, and that in regard thereof, Wee need not yield accompt to any person under God, for any action of Ours, which is lawfully grounded upon that Just Prerogative: Yet such hath ever been, and shall bee Our care and desire to give satisfaction to Our Neigh∣bor-Princes, and friends, in any action which may have the least relation to their Subjects and Estates, as Wee have thought good (by way of friendly premonition) to declare unto them all, and to whomsoever it may appertain, as followeth.

Whereas Wee have been contented since Our coming to the Crown, to tolerate an indifferent and promiscuous kinde of libertie to all Our Friends whatsoever, to Fish within Our Streams, and upon any of Our Coasts of Great Britain, Ireland, and other adjacent I∣slands, so far forth as the permission or use thereof might not redound to the impeachment of Our Prerogative Roial, nor to the hurt and damage of Our loving Subjects, whose pre∣servation and flourishing Estate Wee hold Our self principally bound to advance before all worldly respects: So finding that Our con∣tinuance therein, hath not onely given occasion of overgreat encroachments upon Our Re∣galities or rather questioning for Our Right, but hath been a means of daily wrongs to Our own People that exercise the Trade of Fishing, as (either by the multitude of stran∣gers▪ which do pre-occupie those places, or by the inuries which they receiv most commonly at their hands) Our Subects are constrained Page  466 to abandon their Fishing, or at least are becom so discouraged in the same, as they hold it bet∣ter for them, to betake themselvs to som other cours of living, whereby not onely divers of Our Coast Towns are much decayed, but the number of Mariners daily diminished, which is a matter of great consequence to Our Estate, considering how much the strength thereof con∣sisteth in the power of Shipping and use of Navigation; Wee have thought it now both just and necessarie (in respect that Wee are now by God's favor lineally and lawfully pos∣sessed, as well of the Island of Great Britain, as of Ireland, and the rest of the Isles adacent) to bethink Our selvs of good lawful means to prevent those inconveniences, and many others depending upon the same. In consideration whereof, as Wee are desirous that the world may take notice, that Wee have no intention to denie Our neighbors and allies, those fruits and benefits of Peace and Friendship, which may bee justly exspected at Our hands in ho∣nor and reason, or are afforded by other Prin∣ces mutually in the point of Commerce, and Exchange of those things which may not prove prejudicial to them: so becaus som such conve∣nient order may bee taken in this matter as may sufficiently provide for all these important con∣siderations which do depend thereupon; Wee have resolved first to give notice to all the world, that Our express pleasure is, That from the beginning of the Month of August next coming, no person of what Nation or Qualitie soever, beeing not Our natural born Subject, Page  467 bee permitted to Fish upon any of Our Coasts and Seas of Great Britain, Ireland, and the rest of the Isles adjacent, where most usually heretofore any Fishing hath been, until they have orderly demanded and obteined Licenses from Us, or such Our Commissioners, as ee have autorised in that behalf, viz. at London for Our Realms of England and Ireland, and at E∣denborough for Our Realm of Scotland; which Licenses Our intention is▪ shall bee yearly de∣manded, for so many Uessels and Ships, and the Tonnage thereof, as shall intend to Fish for that whole year, or any part thereof, upon any of Our Coasts, and Seas as aforesaid, up∣on pain of such chastisement, as shall bee fit to bee inflicted upon such wilful Offendors.

Given at our Palace of Westminsterthe 6 day of May, in the 7th year of Our Reign of Great Britain, Anno Dom. 1609.

Notwithstanding this Proclamation, the Netherlan∣ders proceeded still in their way of encroachment upon our Seas and Coasts, through the whole Reign of that King, and were at length so bold as to contest with him, and endeavor to baffle him out of his Rights, pretending, becaus of the long connivence of himself and Queen Elisabeth, that they had a Right of their own by immemorial possession; which som Commissio∣ners of theirs that were sent over hither, had the con∣fidence to plead in Terminis, to the King and his Coun∣cil. And though the King, out of his tenderness to them insisted still upon his own Right, by his Council Page  468 to those Commissioners, and by his Ambassador to their Superiors, yet they made no other use of his In∣dulgence, than to tire out his whole Reign, and abuse his Patience by their artificial delaies, pretenses, shifts, dilatorie addresses, and evasive Answers. And all that the King gained by the tedious disputes, overtures, and dispatches to and again, was in conclusion onely a verbal acknowledgment of those Rights; which at the same times that they acknowledged, they usually designed to invade with much more insolence than be∣fore. But you have the main of what passed in those daies in this particular, with their insolent demeanor, lively described in these following Collections, taken out of several Dispatches that passed betwixt Secretarie Naunton, and Dudley Carlton Lord Ambassador from the King, to the States of the United Provinces.

In a Letter of Secretarie Naunton's to the said Ambassador, dated at White-Hall, the 21 of December, 1618. I finde these passages.

I Must now let your Lordship know, that the State's Com∣missioners and Deputies both having attended his Majestie at New-Market, and there presented their Letters of Cre∣dence, returned to London on Saturday was a sevennight, and upon Tuesday had Audience in the Council-Chamber, where beeing required to communicate the points of their Commission, they deliver'd their meditated Answer at length. The Lords upon perusal of it, appointed my Lord Bining and mee to at∣tend his Majestie for directions, what Reply to return to this Answer of theirs; which I represented to their Lordships yester∣day to this effect; That his Majestie found it strange, that Page  469 they having been so often required by your Lordship his Maje∣sties Ambassador, as from himself, in their publick Assembly, to send over Commissioners fully autorised to treat and conclude, not onely of all differences grown between the Subjects of both States, touching the Trade to the East-Indies, and the Whale-Fishing, and to regulate and settle a joint and an even Traf∣fick in those Quarters, but withall to take order for a more indifferent cours of determining other Questions growing between our Merchauts and them about their Draperies and the Tare; And more especially to determine his Majesties Right for the sole Fishing upon all the Coasts of his Three Kingdoms, into which they had of late times incroached farther than of Right they could; And lastly, for the reglement and reducing of their Coins to such a proportion and correspondence with those of his Majestie's and other States, that their Subjects might make no Advantage to transport our Monies by inhan∣sing their valuation there. All which they confessed your Lord∣ship had instanced them for in his Majestie's name, that after all this attent on his Majestie's part, and so long deliberation on theirs, they were com at last with a Proposition to speak onely to the two first points, and instructed thereunto with bare Let∣ters of Creance onely, which his Majestie take's for an Impe∣rious fashion of proceeding in them, as if they were com hither to Treat of what themselvs pleased, and to give Law to his Majestie in his own Kingdom, and to propose and admit of no∣thing but what should tend meerly to their own ends.

To the second; Whereas they would decline all debate of the Fishings upon his Majestie's Coasts, first by allegations of their late great losses and an Esmeute of their people, who are all interessed in that Question, and would bee like to break out into Jom combustion to the hazard of their State which hath lately scaped Naufrage, and is not yet altogether calmed; What is this but to rais an advantage to themselvs out of their disad∣vantage? But afterwards they profess their lothness to call Page  470 it into doubt or question, claiming an immemorial possession secon∣ded by the Law of Nations; To which his Majestie will have them told, that the Kings of Spain have sought leav to Fish there by Treatie from this Crown; and that the King of France (a nearer Neighbor to our Coasts than they) to this day request's leav for a few Vessels to Fish for Provision of his own houshold; And that it appear's so much the more strange to his Majestie, that they beeing a State of so late date, should bee the first that would presume to question his Majestie's antient Right so many hundred years inviolably possessed by his Proge∣nitors, and acknowledged by all other antient States and Princes▪ That themselvs in their publick Letters of the last of June, sent by your Lordship, seemed then to confirm their immemorial possession (as they tearm it) with di∣vers Treaties, as are of the year 1550; and another between his Majestie's Predecessors and Charls the fift, as Prince of those Provinces, and not by the Law of Nations. To which their last Plea, his Majestie would have them told, that hee beeing an Islander-Prince, is not ignorant of the Laws and Rights of his own Kingdoms, nor doth exspect to bee taught the Laws of Nations by them, nor their Grotius, whose ill thri∣ving might rather teach others to disavow his Positions; And his honestie called in question by themselvs, might render his Learning as much suspected to them, as his person. This his Majestie take's for an high point of his Soveraigntie, and will not have it slighted over in any fashion whatsoëver.

Thus I have particulated unto you the manner of our pro∣ceeding with them. Let them advise to seek leav from his Majestie, and to achnowledg him his Right, as other Princes have don, and do; or it may well com to pass, that they that will needs bear all the world before them, by their Mare Li∣berum, may soon com to have neither Terram & Solum, nor Rempublican liberam.

Page  471

And in a Letter of the said Ambassador Carlton to Secretarie Naunton, of the 30 of December, 1618, from the Hague, wee finde this Return, touching the business of Fisherie.

WHether the final resolution here will bee according to his Majestie's desire, in that point concerning the Fishing upon the Coasts of his three Kingdoms, I cannot say; And by somwhat which fell from the Prince of Orange, by way of Discours when hee took leav of mee on Mon∣day last, at his departure, I suspect it will not, in regard the Magistrates of these Towns of Holland, beeing new∣ly placed, and yet scarce fast in their seats, who do autorise the Deputies which com hither to the Assembly of the States in all things they are to Treat and resolv, will not adventure, for fear of the people, to determine of a Busi∣ness, on which the livelihood of fiftie thousand of the Inhabi∣tants of this one single Province doth depend. I told the Prince that howsëver his Majestie, both in honor of his Crown and Person, and Interest of his Kingdoms, neither could nor would any longer desist, from having his Right acknowledg∣ed by this State, as well as by all other Princes and Common∣weals, especially finding the same openly oppugned both by their States-men, and men of war, as the writings of Gro∣tius, and the taking of John Brown the last year may testi∣fie; yet this acknowledgment of a Right and a Due was no ex∣clusion of Grace and Favor; and that the people of this Coun∣trie paying that small Tribute upon every one of their Busses, (which is not so much as disputed by any other Nation what∣soëver) such was his Majestie's well-wishing to this State, Page  472 that I presumed of his permission to suffer them to continue their cours of Fishing; which they might use thereby with more Freedom, and less apprehension of molestation, and let than be∣fore, and likewise spare the Cost of som of their Men of War, which they yearly send out to maintein that by force, which they may have of courtesie.

The Prince answer'd, that for himself at his return from Utrecht, hee would do his best endeavor to procure his Maje∣stie contentment, but hee doubted the Hollanders would appre∣hend the same effect in their paiment for Fishing, as they found in the passage of the Sound, where at first an easie matter was demanded by the King of Denmark, but now more ex∣acted than they can possibly bear: And touching their Men of War hee said, they must still bee at the same charge with them, becaus of the Pirats. Withal, hee cast out a question to mee, whether this freedom of Fishing might not bee redeemed with a Summe of monie? To which I answered, it was a matter of Roialtie more than of Utilitie, though Princes were not to neglect their profit.

And in another Letter of the said Ambassador from the Hague to Secretarie Naunton, of the 14 of Januarie 1618. Hee give's him to understand, That having been expostulated with, but in friendly manner, by certain of the States about his late Proposition, as unseasonable and sharp, they said, they acknowledg their Commissioners went beyond their limits in their terms of Immemorial Possession and immuable Droict de Gens; for which they had no order. Then, saith hee, I desired them to consider what a wrong it is to challenge that upon right, which these Provinces have hither∣to enjoied, either by connivence or courtesie, and yet never with∣out claim on his Majestie's side, &c.

Page  473

In another Letter of Secretarie Naunton's to the Lord Ambassador Carlton, of the 1 of Januarie, 1618. wee read thus:

AS I had dictated thus far, I received direction from his Majestie to signifie to the State's-Commissio∣ners here, That albeit their earnest entreatie and his gracious consideration of the present trouble of their Church and State, had moved his Majestie to consent to delay the Treatie of the great Fishing, till the time craved by the Commissioners; yet understanding by new and fresh complaints of his Mari∣ners and Fishers upon the Coasts of Scotland, that within these four or five last years, the Low Countrie-Fishers have taken so great advantages of his Majestie's Toleration, that they have grown nearer and nearer upon his Majestie's Coasts year by year, than they did in preceding▪ Times, without leaving any Bounds for the Countrie People and Natives to Fish upon their Prince's Coasts, and oppressed som of his Subjects of intent to continue their pretended possession; and driven som of their great Vessels through their Nets to deter others by fear of the like violence from Fishing near them, &c. His Maje∣stie cannot for bear to tell them, that hee is so well perswaded of the Equitie of the States, and of the Honorable respect they bear unto him, and to his Subjects for his sake, that they will never allow so unjust and intolerable Oppressions; for restraint whereof, and to prevent the inconveniences which must ensue, upon the continuance of the same, his Maje∣stie hath by mee desired them to write to their Superiors to caus Proclamation to bee made, prohibiting any of their Sub∣jects to Fish within fourteen miles of his Majestie's Coasts this year, or in any time hereafter, until order bee taken by Page  474 Commissioners to bee autorised on both sides, for a final settling of the main business. His Majestie hath likewise directed mee to command you from him, to make the like Declaration and In∣stance to the States there, and to certifie his Majestie of their Answer, with what convenient speed you may.

Thus far Secretarie Naunton to the Ambassador.

Now what effect the Ambassador's Negotiation with the States had, appear's by a Letter of his from the Hague, of the 6 of Februarie, 1618, to King James himself; where, among other passages hee hath this:

I finde likewise in the manner of proceeding, that treating by way of Proposition here, nothing can bee exspected but their wonted dilatorie and evasive Answers; their manner beeing to refer such Propositions from the States General to the States of Holland. The States of Holland take advice of a cer∣tain Council residing at Delph, which they call the Council of the Fisherie. From them such an Answer commonly com's, as may bee exspected from such an Oracle. The way therefore (under correction) to effect your Majestie's intent, is to begin with the Fishers themselvs, by publishing, against the time of their going out, your resolution, at what distance you will per∣mit them to Fish, whereby they will hee forced to have recours to their Council of Fisherie; that Council to the States of Holland; and those of Holland to the States-General, who then in place of beeing sought unto, will for contentment of their Subjects seek unto your Majestie.

By these you may perceiv how earnestly the antient Rights of England were asserted, and the old Claim made and renewed, and a recognition made also in the Reign of that King by the Netherlanders themselvs, though all proved to no purpose, the King and his Page  475 Council beeing afterward lull'd again into a conni∣vence one way or other. And it give's sufficient caus to suspect, that the men in Power at that time might bee charm'd with monie; since it was a Quaere put by the Prince of Orange to the Ambassador Carlton, in the heat of all the Controversie, Whether the Freedom of Fish∣ing might not bee redeemed with a summe of monie? For, turning over the Papers of Transactions of the Time immediately following, I perceiv the dispute was let fall on a sudden, and thereupon an opportunitie gi∣ven the Netherlanders, to encroach more and more every year, upon the Seas and Shores of this island. And so far they proceeded in this presumptuous Cours, through the Toleration given them in the later end of the Reign of King James, and the begining of the late Tyrant his son, that at length they fell to a down∣right impeachment of our Rights, not in words one∣ly, but by contemning the commands of the King▪s Officers, prohibiting us free Commerce within our own Seas, abusing and disturbing the Subjects at Sea, and the King himself in his very Ports and Chambers; and by many other actions of so intolerable a nature, that in the year 1635 hee was awakened and constrai∣ned to see to the preservation of our Rights at Sea, and give order for the setting forth of a powerful Fleet, to check the audacious designs and attempts of those un∣grateful Neighbors. And the following year, in pro∣secution of his purpose, hee set forth this ensuing Pro∣clamation, entituled,

Page  476

A Proclamation For restraint of Fishing upon His Majestie's Seas and Coasts with∣out LICENCE.

WHereas Our Father of Blessed memo∣rie King James, did in the seventh year of His reign of Great Britain, set forth a Proclamation touching Fish∣ing; whereby for the many important reasons therein expressed, all persons, of what Nation or Qualitie soever (beeing not His natural born Subjects) were restrained from Fishing upon any the Coasts and Seas of Great Britain, Ire∣land, and the rest of the Isles adjacent, where most usually heretofore Fishing had been, until they had orderly demanded, and obtained Licen∣ces from Our said Father, or His Commissio∣ners in that behalf, upon pain of such chastise∣ment as should bee fit to bee inflicted upon such wilful Offendors: Since which time, albeit neither Our said Father, nor Our Self have made any considerable execution of the said Pro∣clamation, but have with much patience expect∣ed a voluntarie conformitie of Our Neighbors and Allies, to so just and reasonable Prohibiti∣ons Page  477 and Directions as are contained in the same.

And now finding by experience, that all the inconveniences which occasioned that Procla∣mation, are rather increased then abated: Wee beeing very sensible of the premisses, and well knowing how far ee are obliged in Honor to maintain the rights of Our Crown, especially of so great consequence, have thought it neces∣sarie, by the advice of Our Privie Council, to renew the aforesaid restraint of Fishing upon Our aforesaid Coasts and Seas, without Li∣cence first obtained from Us, and by these pre∣sents to make publick Declaration, that Our resolution is (at times convenient) to keep such a competent strength of Shipping upon Our Seas, as may (by God's blessing) bee sufficient, both to hinder such further encroachments upon Our Regalities, and assist and protect those Our good Friends and Allies, who shall hence∣forth, by virtue of Our Licences (to bee first obtained) endeavor to take the benefit of fish∣ing upon Our Coasts and Seas, in the places accustomed.

Given at Our Palace of VVestminsterthe tenth day of May, in the twelfth year of Our Reign of England, Scotland, France, and Ireland.

This Proclamation beeing set forth in the year 1636. served to speak the intent of those naval preparations made before in the year 1635. which were so nume∣rous and well-provided, that our Netherland-Neigh∣bors Page  478 beeing touched with the apprehension of som great design in hand for the Interest of England by Sea, and of the guilt that lay upon their own Consciences, for their bold Encroachments, soon betrayed their Jea∣lousies and Fears, and in them a sens of their offences, before ever the Proclamation was made publick: As I might shew at large (if it were requisite) by certain Papers of a publick Character yet in beeing. But there is one, Instar omnium, which may serv in stead of all; and it is an acute Letter of Secretarie Coke's, that was written to Sir William Boswel, the King's Resi∣dent then at the Hague, the Original whereof is still re∣served among the publick Papers: In which Letter, hee set's forth the Grounds and Reasons of preparing that gallant Navie, with the King's resolution to main∣tain the Right derived from his Ancestors, in the Do∣minion of the Seas; and therefore I here render a true Copie of it, so far as concern's this business, as most pertinent to our purpose.

(SIR!)

BY your Letters and otherwise, I perceiv many jealousies and discourses are raised upon the preparations of his Maje∣stie's Fleet, which is now in such forwardness, that wee doubt not but within this Month it will appear at Sea. It is there∣fore expedient both for your satisfaction, and direction, to in∣form you particularly what was the occasion, and what is his Majestie's intention in this work.

First, wee hold it a principle not to bee denied, That the King of Great Britain is a Monarch at Land and Sea to the full extent of his Dominions, and that it concerneth him as much to maintain his Soveraigntie in all the British Seas, as within his three Kingdoms: becaus without that these can∣not bee kept safe; nor hee preserv his honor and due respect Page  479 with other Nations. But commanding the Seas, hee may caus his Neighbors and all Countries to stand upon their guard whensoever hee think's fit. And this cannot bee doubted that whosoëver will encroach upon him by Sea, will do it by Land al∣so, when they see their time. To such presumption Mare li∣berum gave the first warning piece, which must bee answered with a defence of Mare Clausum: not so much by Discour∣ses, as by the lowder Language of a powerful Navie, to bee bet∣ter understood, when overstrained patience seeth no hope of pre∣serving her Right by other means.

The Degrees by which his Majestie's Dominion at Sea hath of later years been first impeached and then questioned, are as con∣siderable as notorious.

First, to cherish, and as it were to nurs up our unthankful neighbors, Wee gave them leav to gather wealth and strength upon our Coasts, in our Ports, by our Trade and by our People. Then they were glad to invite our Merchant's Residence with what privileges they would desire. Then they offered to us even the Soveraigntie of their Estates, and then they sued for Li∣cence to fish upon the Coasts, and obtained it under the Great Seal of Scotland, which now they suppress. And when thus by leav or by connivence, they had possessed themselvs of our Fishings, not onely in Scotland, but in Ireland and England, and by our staple had raised a great stock of Trade; by these means they so encreased their shipping and power at Sea, that now they endure not to bee kept at any distance: Nay, they are grown to that confidence to keep guards upon our Seas; and then to project an Office and Companie of Assurance for the advancement of Trade; and withal, prohibit us free commerce even within our Seas, and take our ships and goods, if wee conform not to their Placarts. What insolencies and cruelties they have committed a∣gainst us heretofore, in Ireland, in Gronland, and in the Indies, is too well known to all the world. In all which, though our sufferings and their wrong may seem forgotten, yet the great Page  480 interest of his Majestie's honor, is still the same, and will refresh their Memories as there shall bee caus. For, though charitie must remit wrongs don to private men, yet the reflection upon the publick may make it a greater charitie to do Justice on crying crimes. All this notwithstanding, you are not to con∣ceiv that the work of this Fleet, is either revenge or execu∣tion of Justice for these great offences past, but chiefly for the future to stop the violent current of that presumption where∣by the Men of War and Free-booters of all Nations (abusing the favor of his Majestie's peaceable and gratious Government, whereby hee hath permitted all his Friends and Allies, to make use of his Seas and Ports in a reasonable and free manner, and according to his Treaties) have taken upon them the boldness, not onely to com confidently at all times into all his Ports and Rivers, but to conveie their Merchant's ships as high as his chief Citie, and then to cast Anchor close upon his Magazins, and to contemn the commands of his Offi∣cers, when they required a farther distance. But which is more intolerable, have assaulted and taken one another within his Majestie's Chamber, and within his Rivers, to the scorn and contempt of his Dominion and Power; and this beeing of late years an ordinarie practice which wee have endeavored in vain to reform by the waies of Justice and Treaties, the world I think will now bee satisfied, that wee have reason to look about us. And no wise man will doubt that it is high time to put our selvs in this Equipage upon the Seas, and not to suffer that Stage of action to bee taken from us for want of our appearance.

So you see the general ground upon which our Counsels stand. In particular, you may take notice, and publish as caus require's, That his Majestie by this Fleet intendeth not a Rup∣ture with any Prince or State, nor to infringe any point of his Treaties; but resolveth to continue and maintein that happie peace wherewith God hath blessed his Kingdom; and to which Page  481 all his Actions and Negotiations have hitherto tended, as by your own Instructions you may fully understand. But withal considering, that Peace must bee mainteined by the arm of power, which onely keep's down War by keeping up Dominion, his Majestie thus provoked, finde's it necessarie even for his own defence and safetie to re-assume and keep his antient and undoubted Right in the Dominion of these Seas, and to suffer no other Prince or State to encroach up∣on him, thereby assuming to themselvs or their Admirals, any Soveraign command: but to force them to perform due ho∣mage to his Admirals and Ships, and to pay them acknow∣ledgments, as in former times they did. Hee will also set open and protect the free Trade both of his Subjects and Al∣lies: And give them such safe Conduct and Convoie, as they shall reasonably require. Hee will suffer no other Fleets or Men of VVar to keep any guard upon these Seas, or there to offer violence or take prizes or booties, or to give inter∣ruption to any lawful intercours. In a word, his Majestie is resolved, as to do no wrong, so to do Justice both to his Sub∣jects and Friends, within the limits of his Seas. And this is the real and Roial design of this Fleet, whereof you may give part as you finde occasion to our good neighbors in those parts, that no Umbrage may bee taken of any hostile act or pur∣pose to their prejudice in any kinde. So wishing you all health and happiness, I rest

Your assured friend and Servant, JOHN COOK.

Whitehall,16 April. 1635. our style.

Page  482In this Letter you see first, how it was held for an un∣deniable principle, that the King was King by Sea as well as by Land; That neither the honor nor safetie of this Island and Ireland could bee maintained, but by preserving the Dominion by Sea; and that it is an ar∣gument, that they that encroach upon us by Sea, will do it also by Land when they see their time. Hee de∣clare's also, how our unthankful neighbors are risen to this hight and insolence, partly by grant, partly by con∣nivence, but principally through their many injurious abuses of our Patience and Indulgence. And lastly, you may observ here what resolutions were then taken to prevent the lile injuries, and preserv our English Interest in time to com. But how those Resolutions were fol∣lowed in the succeeding part of his Reign, I shall not stand to examine; onely it sufficeth here to take notice, that the Claim of Sea-Dominion was made by him, as well as by his Father, and for a time strenuously as∣serted; though afterward hee slackned his hand in the prosecution; whereof the Netherlanders taking ad∣vantage, and of our late commotions (which were their Halcyon-daies, and time of Harvest) are now ad∣vanced to such a monstrous pitch of pride, malice, and ingratitude, that they dare bid defiance to those antient Rights which wee have received from all Antiquitie, and justifie their actions by a most unjust and bloudie war, in the view of all the world. What remain's then, but that the Parlament and People of England should lay these things to heart, with an indignation answerable to so prodigious violations and invasions? They have now an opportunitie and strength given them by God (O let not hearts bee wanting!) to make good the Claim, and accomplish that work of establishing our Interests by Sea, beyond the possibilitie Page  483 of future impeachments. Let it not bee said, that Eng∣land, in the state of Monarchie, was able to hold the So∣veraigntie of the Seas so many hundred years, and then lost it in the state of Libertie. It is, as now established with its Appendants, the greatest and most glorious Republick, that the Sun ever saw, except the Roman. God hath made it so by Land, and will by Sea; for, without this, the Land is nothing. It was ever so ap∣prehended by Kings, yea by the last and worst of our Kings: And shall the Founders of this famous stru∣cture of Government now in beeing, who have ca∣shiered Kings, and vindicated the Rights and Liber∣ties of this Nation upon his head and his whole po∣steritie and partie, not assert them against perfidious Neighbors? It were unpardonable in any to harbor a thought of that nature, or to yield that such a blemish should bee brought upon all those glorious actions and atchievements, whereby God hath freed and innobled our Land and Nation.

But that the people of England may bee excited to a valuation, maintenance, and improvement of their in∣terest by Sea, it is necessarie to let them understand what advantages are to bee made thereby, and are made by others, who of Usufructuaries by permission, have in design now to make themselvs absolute Lords of the Fee. And therefore it is very convenient here to set down an excellent Discours which was written in the time of the late King, and presented by the follow∣ing Title.

Page  484

The inestimable Riches and Commodities of the British Seas.

THE Coast of Great Britain do yield such a conti∣nual Sea-harvest of gain, and benefit to all those that with diligence do labor in the same, that no time or season in the year passeth away without som appa∣rent means of profitable imploiment, especially to such as apply themselvs to Fishing, which from the begin∣ing of the year unto the latter end, continueth upon som part or other upon our Coasts, and therein such infi∣nite sholes and multitudes of Fishes are offered to the takers as may justly move admiration, not onely to strangers, but to those that daily bee imploied amongst them.

The Summer-Fishing for Herring, beginneth about Midommer, and lasteth som part of August.

The Winter-Fishing for Herring, lasteth from Sep∣tember to the mid'st of November, both which extend in place from Boughones in Scotland, to the Thame's mouth.

The Fishing for Cod at Alamby Whirlington, and White Haven, near the Coast of Lancashire, from Easter until VVhitsontide.

The Fishing for Hake at Aberdenie, Abveswhich, and other places between VVales and Ireland, from VVhitson∣tide to Saint James tide.

The Fishing of Cod and Ling, about Padstow, within the Land, and of Severn from Christmas to Mid-Lent.

The Fishing for Cod on the West part of Ireland fre∣quented by those of Biscay, Galicia, and Portugal, from the begining of April until the end of June.

Page  485The Fishing for Cod and Ling on the North, and North-East of Ireland, from Christmas until Michaël∣mas.

The Fishing for Pilchers on the West coast of England from Saint James-tide until Michaëlmas.

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 Island 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 Minigal, 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 Cornwal by small Boats, and other poor provisions.

Our five-men-Boats, and cobles adventuring in a calm to launch out amongst the Holland Busses, not far from Robinhood's Bay returned to VVhitbie full fraught with Herrings, and reported that they saw som of those Bus∣ses take ten, twentie, twentie four lasts, at a draught, of Herrings, and returned into their own Countrie with fortie, fiftie, and an hundred Lasts of Herrings in one Buss.

Our Fleet of Colliers not many years since returning from New-castle, 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 ship-hooks, and other like iustru∣ments, drew up as much Cod, and Ling in a little space of time, as were sold well near for as much as her whole Lading of Cole. And many hundred of ships might have been there laden in two daies and two nights.

Out of which wonderful affluence, and abundance Page  486 of Fish swarming in our Seas, that wee may the bet∣ter perceiv the infinite gain which Forein Nations make, I will especially insist upon the Fishing of the Hollanders in our Coasts, and thereby shew how by this means principally they have increased.

  • 1. In Shipping.
  • 2. In Mariners.
  • 3. In Trade.
  • 4. In Towns and Fortifications.
  • 5. In Power extern or abroad.
  • 6. In publick Revenue.
  • 7. In private wealth.
  • 8. In all manner of Provisions, and store of things necessarie.

1. Encreas of Shipping.

BEsides 700 Strand-Boats, 400 Evars, and 400 Sullits, Drivers and Tod-boats, wherewith the Hollanders fish upon their own Coasts, every one of those imploying another Ship to fetch salt, and carrie their Fish into other Countries, beeing in all 3000 sail, maintaining and setting on work at least 4000 persons, Fishers, Tradesmen, Women, and Children; They Page  487 have 100 Doyer Boats, of 150 Tuns 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 onely. 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 onely upon our Coasts from Boughonness in Scotland to the mouth of Thames. And every one of these maketh work for three other ships that attend her; the one to bring in salt from Forein parts, another to carrie the said salt, and cask to the Busses, and to bring back their Herrings, and the third to transport the said Fish into Forein Countries. So that the total number of ships and Busses plying the Herring-Fair, is 6400; whereby every Buss, one with a∣nother, imployeth fortie 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 readie monie: so that the Hollanders (besides 300 ships be∣fore-mentioned fishing upon their own shores) have at least 4800 ships onely maintained by the Seas of Great Britain, by which means principally Holland beeing not so big as one of our shires of England, containing not above 28 miles in length, and three in breadth, have encreased the number of their shipping to at least ten thousand sail, beeing more then are in England, France, Spain, Portugal, Italy, Denmark, Poland, Sweden, and Page  488 Russia. And to this number they add every day; although their Countrie it self afford's them neither materials or victual, nor merchandise to bee accounted of towards their setting forth.

Besides these of Holland, Lubeck hath 700 great ships, Hamborough six hundred, Embden fourteen hundred, whereunto add the ships of Bremer, Biscay, Portugal, Spain, and France, which for the most part fish in our Seas, and it will appear that ten thousand sail of Forein Vessels and above are employed and mainteined by fishing upon our Coasts. So that in Holland there are built a thousand sail at the least to supply shipwracks, and augment their store, which as the Prince, and com∣mon Nurserie, is the chiefest means onely to encreas their number.

2. Encreas of Mariners.

THE number of ships fishing on our Coasts, as beeing aforesaid 8400. If wee allow but twen∣tie 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 Voiages to all parts of the world; for by this means they are not onely enabled to brook the Seas, and to know the use of the tackles and compass, but are likewise instru∣cted in the principles of Navigation, and Pilotage, in∣somuch as from hence their greatest Navigators have had their education and breeding.

Page  489

3. Encreas of Trade.

BY reason of those multitude of Ships and Mari∣ners, they have extended their Trade to all parts of the world, exporting for the most part in all their Voiages our Herring, and other Fish for the maintenance of the same. In exchange whereof they return the several commodities of other Countries.

From the Southern parts, as France, Spain, and Por∣tugal, for our Herrings they return Oils, Wines, Pruines, Honie, Wools, &c. with store of Coin in Specie.

From the Straits, Velvets, Sattins, and all sorts of Silks, Allomes, Currans, Oils, and all Grocerie ware, with much monie.

From the East-Countries for our Herrings, and other French and Italian commodities before returned, they bring home Corn, Wax, Flax, Hemp, Pitch, Tar, Sope-Ashes, Iron, Copper, Steel, Clap-board, Wainscot, Tim∣ber, Deal-board, Dollers, and Hungarie Gilders.

From Germanie for Herrings, and other salt Fish, Iron, Steel, Glass, Mil-stones, Rhenish wines, Button-plate for Armor, with other Munition, Silks, Velvets, Rash∣es, Fustians, Baratees, and such like Franckford commo∣dities, with store of Rix-dollers.

From Brabant they return for the most part readie monie with som Tapestries, and Hull-shop. Yea, som of our Herring are caried as far as Braseil.

And that which is more strange and greatly to our shame, they have four hundred Ships with Fish, which our men of Yarmouth, within ken almost at land do vent our Herrings amongst us here in England, and make us pay for the Fish taken upon our own Coast readie Page  490 monie, wherewith they store their own Countrie.

4. Encreas of Towns and Forts.

BY this their large extent of Trade, they are becom 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 Middle∣burgh having been lately twice enlarged and their streets and buildings so fair, and orderly set forth, that for beautie and strength, they may compare with any o∣ther in the world, upon which they bestow infinite summes of monies, all originally flowing from the bountie of the Sea, from whence, by their labor and industrie, they derive the begining of all that wealth and greatness, and particularly for the Havens of the afore∣said Towns whereof som of them cost fortie, fiftie, or an hundred thousand pound. Their Fortifications al∣so both for number, and strength, upon which they have bestowed infinite summes of monie, may com∣pare with any other whatsoëver.

5. Encreas of power abroad.

SUch beeing then the number of the Ships and Mariners, and so great their Trade, occasioned principally by their Fishing; they have not onely strengthned, and fortifieed themselvs at home to repel all Forein Invasions, as lately in the war between them and Spain; but have likewise stretched their power Page  491 into the East and West-Indies, in many places where∣of they are Lords of the Sea-Coasts, and have like∣wise fortified upon the main, where the Kings and people are at their devotion. And more then this, all Neighbor-Princes, in their differences, by reason of this their power at Sea, are glad to have them of their partie. So that, next to the English, they are now becom the most re-doubted Nation at Sea of any o∣ther whatsoëver.

6. Encreas of publick Revenue.

MOreover how mightie the publick Revenue, and Customs of that State are encreased by their fish∣ing, may appear in that above thirtie 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 three hundred thousand pound in one year, besides the tenth Fish, and Cask paid for Waftage, which cometh at the least to as much more among the Hollanders onely, whereunto the tenth of other Nations beeing added, it amounteth to a far greater summe.

Wee are likewise to know, that great part of their Fish is sold in other Countries for readie monies, for which they commonly export of the finest gold, and silver, and coming home recoin it of a baser allay, un∣der their own stamp, which is not a small means to augment their publick treasure.

Page  492

7. Encreas of private Wealth.

AS touching their private wealth, if wee consi∣der 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 Artizans, that by reason of this their Fishing are daily set on work, wee must needs conclude that the gain there∣of made by private men must of necessitie bee ex∣ceeding 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 ta∣king, spoiling, and burning the Busses of Holland, and setting great ransom upon their Fisher-men, enforced them to compound for great summes that they might Fish quietly for one year, whereupon the next year after the Fisher-men agreed amongst themselvs to pay a doller upon every last of Herrings, towards the main∣tenance 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 thirtie thousand lasts of Herrings which at twelv pound per last, amounteth to 3600000, and at sixteen, twentie, thirtie pound the last, they are ordinarily sold, then transported into other Countries, it cometh at least to 5000000 l. Whereunto if wee add the Herrings taken by other Nations together with the God, Ling, Hake, and the Fish taken by the Hollanders, and other our neighbors upon the Page  493 British Coasts all the year long, the total will evident∣ly arise to bee above 10000000 l.

The great Trade of Fishing imploying so many men and ships at Sea, must likewise necessarily main∣tain as great a number of Tradesmen, and Artizens on Land, as Spinners, and Hemp-winders to Cables, Cordage, Yarn-twine for Nets and Lines, Weavers to make Sail-Cloaths, Cecive Packers, Tollers, Dressers, and Cowchers to sort and make the Herring lawful merchandise. Tanners to tan their Sails and Nets; Coopers to make Cask, Block, and Bowl-makers for ships, Keel-men, and Laborers for carrying and removing their Fish, Sawyers for Planks, Carpen∣ters, Ship-wrights, Smiths, Car-men, Boat-men, Brewers, Bakers, and a number of others, whereof many are maimed persons, and unfit to bee other∣wise imploied. Besides the maintenance of all their several wives, and children, and families. And fur∣ther every man and maid-servant, or Orphant, ha∣ving any poor stock, may venture the same in their Fishing-Voiages, which afford's them ordinarily great encreas, and is duly paid according to the pro∣portion of their gain.

8. Encreas of Provisions.

AND to conclude, it is manifest that Holland on∣ly affording in it self som few Hops, Mad∣ders, Butter and Chees aboundeth notwith∣standing (by reason of this Art of Fishing) in plen∣tiful manner with all kinde of provisions as well for life, as in Corn, Beef, Muttons, Hides, and Page  494 Cloths; as for luxury, in Wines, Silks and Spices; and for defence, as in Pitch, Tar, Cordage, Timber. All which they have not onely in competent propor∣tion for their use, but are likewise able from their se∣veral Magazines to supply their Neighbor-Coun∣tries.

The premisses considered, it maketh much to the ignominie and shame of our English Nation, that God and Nature offering us so great a treasure even at our own doors, wee do notwithstanding neglect the benefit thereof, and, by paying monie to stran∣gers for the Fish of our own Seas, impoverish our selvs to make them rich. Insomuch that for want of industrie and care in this particular two hundred twentie five Fisher-Towns are decaied and reduced to extreme povertie; whereas on the contrarie by di∣ligent endevoring to make use of so great a blessing, wee might in short time repair these decaied Towns of the Kingdom, and add both honor, strength, and riches to our King and Countrie, which how easily it may bee don, will appear by som few observations following.

By erecting two hundred and fiftie Busses of rea∣sonable strength and bigness, there will bee emploi∣ment made for a thousand Ships, and for at least ten thousand Fisher-men and Mariners at Sea, and con∣sequently for as many Tradesmen and Laborers at land.

The Herrings taken by the Busses will afford his Majestie two hundred thousand pound yearly custom outward, and for commodities returned inward thirtie thousand pound and above.

Wee have Timber sufficient, and at reasonable rates, growing in our own Kingdom for the build∣ing Page  495 of Busses, every Shire affordeth hardie and able men fit for such emploiment who now live poorly and idle at home.

Wee have victuals in great plentie sold at easie rates without paiment of Excises, or Impost.

Our shores and harbors are near the places where the Fish do haunt.

For drink, or nets, salting and packing our Fish; and for succor in stress of weather, wee may bring our Fish to land, salt and pack it, and from som part of his Majestie's Dominions bee at our Markets in France, Spain, or Italy, before the Hollanders can arrive in Holland.

Wee have means to transport our Fish into som Nor∣thern Countries, where the Hollanders seldom or ne∣ver com. And though wee 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 o∣ther places, Herrings are every daies meat, Winter and Summer, as well to draw on drink, as to satisfie hunger, and in most places the greatest part of the year they bee scarce to bee had; for presently after Michaël∣mas the Sound and Rivers are frozen up so as no Her∣rings can bee transported into twentie several King∣doms, and free States until July, which is for thirtie weeks space together, so that when Lent com's, there are few to bee bought for monie.

Lastly, since by care and industry wee gained from the Flemmings, doubtless so by the means wee may as easily grow expert in the Art of Fishing, and in time make it a staple commoditie of our own.

But this wee shall the better and sooner do, if wee Page  496 consider and endeavor to reform certain wants and abuses which hitherto have hindred us from effecting that good and great work, whereof these that follow are none of the least.

  • 1. General libertie of eating flesh contrarie to old custom, and the Statute-Laws provided for observing Fish-daies, from whence our scarcitie and dearth of Fish proceedeth; for where Flesh is ordinarily spent, Fish will not bee bought, and want of sale de∣caieth all Trade, gain beeing the Nurs of Industrie.
  • 2. Want of order and discretion in our Fishing, eve∣ry man beeing left to himself and permitted to Fish as best liketh him: whereas amongst the Hollanders two of the best experienced Fisher-men are appointed to guide the rest of the Fleet, all others beeing 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 finde the shole of Fish, and ha∣ving found it, dwell amongst it till November, whereas wee stay till the Herring com home to our rode-steads, and somtimes suffer them to pass by ere wee look out, our Herring-Fishing conteining onely seven weeks at the most, and theirs twentie.
  • 4. The Hollander's Busses are great and strong, and able to brook foul weather, whereas our Cobles, Cray∣ers, and Boats beeing 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.
  • Page  4975. The Hollanders are industrious, and no sooner are discharged of their lading, but presently put forth for more, and seek for Markets abroad as well as at home; whereas our English after they have been once at Sea, do commonly never return again until all the monie taken for their fish bee spent, and they in debt seeking onely to serv the next Market.
  • 6. The Hollanders have certain Merchants, who, during the Herring-season do onely com to the pla∣ces where the Busses arrive, and joining together in several companies, do presently agree for the lading of thirtie or fortie Busses at once, and so beeing dis∣charged, they may speedily return to their former shipping; whereas our Fisher-men are uncertain of their Chap-men, and forced to spend much time in putting off their Fish by parcels.

These and other defects would carefully bee taken into consideration, and certain orders made to make our Fishing prosperous, and successful, especially consi∣dering the fearful mischiefs the neglect hereof hath brought to the King and Kingdom in general, and to many good Towns and Corporations in particular, as by autoritie even of Parlament it self in the Statute of 33 Hen. the eight, is plainly testified, which I have summarily here set down, to avoid the prolixitie of the original.

Becaus the English Fisher-men dwelling on the Sea-Coasts did leav off their Trade of Fishing in our Seas, and went the half-Seas over, and there up∣on the Seas did buie Fish of Pickards, Flemmings, Normans, and Zelanders, by reason whereof many Page  498 incommodities did grow to the Realm, viz. the decaie of the wealth and prosperitie 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 u∣sing and exercising the craft and feat of Fishing. Se∣condly, the decaie of a great number of Boats and Ships. And thirdly, the decaie of many good Mari∣ners, both able in bodie by their diligence, labor, and continual exercise of Fishing, and expert by reason thereof in the knowledg of the Sea-Coasts, as well within this Realm as in other parts beyond the Seas. It was therefore enacted, that no manner of persons English, Denizens, or strangers at that time, or any time after dwelling in England, should buie anie Fish of any strangers in the said Ports of Flanders, Zealand, Picardie, France, or upon the Sea between shore and shore, &c.

This act by many continuances was continued from Parlament to Parlament, until the first of Queen Marie, and from thence to the end of the next Parlament, and then expired.

For conclusion, seeing, by that which hath former∣ly been declared, it evidently appeareth, that the Kings of England, by immemorable prescription, continual u∣sage, and possession, the acknowledgment of all our Neighbor-States, and the Municipal Laws of the King∣dom, have ever held the Soveraign Lordship of the Seas of England, and that unto his Majestie, by reason of his Soveraigntie, the supreme command and Jurisdiction over the passage, and Fishing in the same rightfully ap∣perteineth; Page  499 considering also the natural site of those our Seas that interpose themselvs 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 bee doubted, but his Majestie, by means of his own excellent wisdom and virtue, and by the industrie of his faithful subjects and people, may easily, without injustice to any Prince or person whatsoever, bee 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 Majestie 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 (removing from one part of the world to the other) must of necessitie first, or last, com within compass of his power and jurisdi∣ction.

And therefore the Soveraigntie of our Seas, beeing the most precious Jewel of his Majestie's Crown, and (next under God) the principal means of our Wealth and Safetie, all true English hearts and hands are bound by all possible means and diligence to preserv and maintain the same, even with the uttermost hazzard of their lives, their goods and fortunes.

Thus you see what wondrous advantages may re∣dound to the Felicitie, and Glorie of this Nation, if God give hearts and resolutions to vindicate those rights Page  500 which are now most impiously and injuriously inva∣ded. And so much for what concern's England.

Now that I may reflect a little upon the point of Sea-Dominion in general, to shew how far it hath been asserted, and mainteined by others, who have enjoied a Dominion in other Seas, when they have been concerned in the like Case with England, having their Soveraigntie at Sea impeached and questioned by encroaching neighbors; it was thought meet here to annex an ingenious and learned Plea touching the Do∣minion of the Sea; which was very succinctly writ∣ten in Italian, but faithfully rendred in English by an honorable Member of this Common-wealth, and pub∣lished som time since, under the following Title.