The Sovereignty of the Sea / An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters

APPENDIX A.
(P. 45.)
THE LIBEL REGARDING REYNER GRIMBALD.
De Superioritate Maris Angliæ et Jure officii Admirallatus in eodem.
(Chancery Rolls, Miscellaneous. Treaties and Diplomatic. Bundle 14, No. 15, Mem. 12.)

A vous Seignurs Auditours Deputez par les Roys Dengleterre et de Fraunce a redresser les damages faitz as gentz de lour Roialmes et des autres terres subgiz a lour seignuries par meer et par terre en temps de pees et de Trewes monstrent les Procureurs1349 des Prelatz et Nobles et del Admiral de la meer Dengleterre et des Comunaltes des Citees et des Villes et des Marchanz Mariners Messagers et Pillerins et de tous autres1350 du dit Roialme Dengleterre et des autres terres subgies a la seignurie du dit Roy Dengleterre et daillours sicome de la Marine de Genne Cateloigne Espaigne Alemaigne Selaunde Heylande Frese Denemarch et Norweye et de pluseurs autres leux del empyre qe come les Roys Dengleterre par raisoun du dit Roialme du temps dount il na1351 memoyre du contraire eussent este1352 en paisible possession de la souereigne seignurie de la meer Dengleterre et des Isles esteans en ycele1353 par ordinance et establicement des lois estatuz et deffenses darmes et des vesseaux autrement garniz qe vesseaux de Marchandise et de seurte prendre et sauuegarde doner en tous cas qe mestier serra et par ordinance de tous autres faitz necessaires a la garde des pees droiture et equite entre toute1354 manere des genz taunt dautri seignurie come leur propre1355 par illeqes passanz et1356 par souereigne garde et1357 tote manere de conisance et Justice haute et basse sur les dites loys estatuz ordinances et deffenses et par tous autres faitz queux a le gouernement1358 de souereigne seignurie appartenir purront es leux auantdiz. Et A. de B. Admiral de la dite meer deputez par le Roy1359 Dengleterre et tous les autres Admirals par meisme celui Roy Dengleterre1360 et ses Ancestres iadiz Roys Dengleterre eussent este1361 en paisible possession de la dite souereigne garde1362 oue la conisance et Justice et tous les autres appurtenances auantdites horspris1363 en cas dappel et de querele faite de eux a lour souereignes Roys Dengleterre de deffalte de droit ou de mauueis iuggement et especialment par empeschement mettre et Justice faire1364 seurte prendre de la pees de tote manere des genz vsanz armes en la dite meer ou menanz Nefs autrement apparaillees ou garnies qe nappartenoit au1365 Neef Marchande et en tous autres pointz en queux homme poet auoir resonable cause de suspecion vers eux de roberie ou des autres mesfaitz.1366 Et come les Meistres des Neefs du dit Roialme Dengleterre en absence des diz Admirals eussent este en paisible possession de conustre et juggier de tous faitz en la dite meer entre tote manere des gentz solonc les loys estatus et les deffenses franchises et Coustumes.1367 Et come en le primer article de lalliaunce nadguers faite entre les diz Roys en les traitiz sur la darraine pees de Paris soient comprises les paroles qe sensuient en vne cedule anexe ayceste.1368 Primerement il est traite et acorde entre nous et les messages et les procureurs desurdiz en nonn des diz Roys qe yceux Roys serrount lun a lautre desores en auant bons verays et loiaux amys et eydanz countre tout homme sauue lesglise de Rome en tiele manere que si ascun ou pluseurs quicunques ils fuissent voloient deponticer [sic] empescher ou troubler les diz Roys es franchises es libertez priuileges es droiz es droitures ou es custumes de eux et de lour Roialmes qils serront bons et loiaux amys et aydanz countre tout homme qi puisse viure et morir a defendre gardir et mainterer1369 les franchises les libertez les priuileges les droiz les droitures et les coustumes desusdites Excepte1370 le dit Roy Dengleterre Monsieur Johan Duc de Braban en Brabant et ses heirs dessenduz de lui et de la fille le Roy1371 Dengleterre et excepte pur le dit nostre seigneur le Roy de Fraunce excellent Prince Monsieur Aubert Roy Dalemaigne [et] ses heirs Roys Dalemaigne et Monsieur Johan Counte de Henau en Henau. Et que lun ne serra en consail ne en ayde ou lautre perde vie membre estat ne honur temporel [Mem. 12d] Monsieur Reymer Grymbaltz Meistre de la Nauie du dit Roy de Fraunce qi se dit estre Admiral de la dite Meer deputez per soun seignur auantdit pur sa guerre countre les Flamaings apres la dite alliaunce faite et affirmee et1372 contre la fourme et la fource de meisme lalliance et lentencion de ceux qi la firent loffice deladmiralte en la dite Meer Dengleterre1373 par commission du Roy1374 de France torsenousement enprist et usa un an et plus en parnant les gentz et1375 marchantz du Roialme Dengleterre et daillours par la dite meer passanz euesque leur biens1376 et les gentz ansi prises liuera a la prison de soun dit Seignur le Roy de Fraunce et lour biens et1377 Marchandises a les Receiuours par meisme celui Roy de Fraunce1378 a ce1379 deputez en les Portz de soun dit Roialme come a lui forfaites et acquises fist amener par soun iuggement et agard1380 et la prise et detenue des dites gentz oue1381 lour diz biens et marchandises et soun dit iuggement et agard sur la forfaiture de eaux et acqueste1382 ait Justice deuant vous Seignurs Auditours en escript par my lautorite de la1383 dite commission sur ladmiralte auantdite par lui ansi vsurpee et par my vne deffense communement faite par le Roy1384 Dengleterre par my soun poer solonc la forme du1385 tiers article de lalliaunce auant dite qi contient les paroles desouzescriptes en requerant que de ce il en fuisse quitz et assouz en grant damage et preiudice du dit Roy Dengleterre et des Prelatz et Nobles et autres desusnomez par quoy les diz procureurs en les nouns de lour diz Seignurs1386 Auditours auantdiz prient que deliuerance dewe et hastiue des dites gentz ouesqe leur biens et marchandises ansi prises et detenues facez estre faite al Admiral du dit Roy Dengleterre a qi la conisance de ce appartient de droit sicome desus est dit ansi qe1387 sans destorbance de vous et dautri1388 puisse de ce conustre et faire ce qe appartient a soun office auant dit et qe le dit Monsieur Reyner soit condampne et destreint affaire dewe satisfaction a tous les diz damagez si auant come etc.1389 Item vous requirent les diz procureurs que come solone les anxnienes1390 loys franchises et coustumes du Roialme Dengleterre a la garde des queles vostre dit seignur le Roy et ses auncestres Roys Dengleterre soloient estre liez par lour sermentz Lour Admirals de la Meer Dengleterre oue1391 les Maistres et Mariners nefs1392 des Portz de la Marine Dengleterre esteans en les1393 armees des diz Admirals ne deuoient1394 respondre deuant nuls Justices des Roys auantdiz1395 sur fais en la Meer susdite durans lours1396 guerres countre lour enemis et le dit Admiral vostre dit seignur le Roy et plusours des Maistres et Mariners des Portz auantdiz ore esteans en sa Armee countre les1397 enemis Descoce et lour aydans et alliez par expres mandement de vostre dit seignur le Roy soiient accusez deuant vous par gentz de Normandie et de Bretaigne et daillours sur ascuns faitz en la dite Meer en temps de trewes et puis la pees afferme entre les diz Roys Dengleterre et de Fraunce et auant la guerre comencee entre eaux a ce qest dit. Vous plaise surseer es proces countre eux ia comencee et deporter de comencer nouel durant la guerre susdite ansi qils naient mestier de se1398 complaindre a vostre dit seignur et as Prelatz et Nobles de soun dit Roialme par leur serment liez a les dites loys franchises et coustumes garder et maintenir.

APPENDIX B.
(P. 49.)

PROCEEDINGS BEFORE THE AUDITORS DEPUTED BY THE KINGS OF ENGLAND AND FRANCE FOR THE REDRESS OF THE GRIEVANCES BETWEEN THE SUBJECTS OF THE TWO COUNTRIES. 27-33, Edw. I.

(Abstract of Chancery Miscellaneous Roll. Bdle. 5, No. 6.)

Richard Bush against Reyner Grÿmaus.

Libel (Libellus).

Richard Bush of London complains that a ship called “la Blacog̃” of London, going from Winchelsea to Dieppe in August 1301, containing goods to the value of £157, was attacked by Michel de Navere and others of Calais, and his said goods taken thither and there disposed of by said Michel and Henry de Ganewe. Said Richard demands restoration of goods and £20 damages.

Denial (Contestatio negativa).

The said “Cheual̃” asserts that he was not in that country at the time specified, nor for nearly a year afterwards.

Rejoinder (Repplicatio).

To the answer of the “chevalier” that he was not admiral till some time after the events specified, the attorneys of said Richard reply that they will advise with their master as to the truth.

William Bush of London loaded a ship called “la Mariote de Seland” at Antwerp for London with goods to the value of £175, 17s. 8d. Michel de Nauere and others of Calais came with three galleys to the foreland of Thanet at the mouth of the Thames in May 1298; took said ship to Calais and there disposed of the goods by the aid of Henri de Ganewe. Said William demands restoration and £20 damages.

To the demand of William Bush the said John1399 replies “en la maniere q̃ il fait a la demande Cecile,”1400 that it does not concern him, but “mos̃ Henri et Michel de Nauare.”

Said William further complains that he loaded a ship called “la Blithe” of London in Brabant for London with goods, value £40. John Pederogh seized them at the mouth of the Thames in July 1303, took them to Calais, and there disposed of them by the aid of Edward de Mabusshon. William demands restoration and £8 damages.1401

Said John replies that at the time specified he was not on the sea at all but in Paris or on the road to Calais.

Thomas Cros against John Paydro.

Libel.

Thomas Cros of London, executor of the will of Thos. Cros his father, who was executor of Henry Box of London, complains that said Henry loaded the ships William le fiz Henri, Godefroi de Duffle, Michel de Middelborgh, Johan Athelard, Johan le Chaundeler in London, to go to Brabant (which ships were of Brabant) with goods value £672; Michel de Nauuere and others of Calais with three galleys seized said ships off the foreland of Thanet in May 1298, took the goods aforesaid from said ships and in their galleys to Calais, and there disposed of them by the aid of Henry de Genewe. Said Thomas Cros demands restoration and £100 damages.

Exception requiring delay (Excepc̃o dilatoria).

The said John says it is not for him to reply, as the complaint concerns not him but mos̃ Henri de Genes and Michel de Nauare, who are abroad where they cannot be had.

“Watier le Hert de Mallins” and Rose de Salisbery of London loaded at London a ship called the Johan Azelard de Mallins with goods value £28, 19s. 2d. Michel de Nauare and others of Calais with three galleys seized said goods out of said ship, then anchored off the foreland of Thanet (May 1298), took them in their galleys to Calais, and disposed of them by the aid of mons̃. Henri de Genewe. Said Watier and Rose demand restoration and £6 damages.

Cecile atte More of London loaded at London for Brabant the ships William Petersone of Seland, William Henriessone of Seland, Johan le Chandeler, with goods value £158, 19s. Michel de Nauere and others of Calais in May 1298 seized said goods out of said ships (then anchored off Thanet) and disposed of them at Calais by the aid of Henri de Genewe. Cecile claims restoration and £20 damages.

Cecile atte More complains that in July 1303 Johan Pederogh and others seized goods of the said Cecile at the mouth of the Thames out of a ship called “la Blithe de Londres” coming from Brabant, and disposed of them at Calais by the aid of mos̃ Edward de Mabusshon: value £10. Cecile prays restoration and 40s. damages.

Said John replies that at the date specified he was at Paris or on the road to Calais, and not on the sea at all.

Thomas atte Hurst of London loaded at Berwick the “Distaf de Haneford” for London, with goods to the value of £11, 18s. 8d. They were seized by men from Calais off Blakeney on the Tuesday after Saint Bartholomew 1303,1402 and disposed of at Calais. Thomas prays restoration and damages.

The said John [sic] says that the above demand concerns “mi sire Reniers de Grimaus” only, for he was then admiral, and said John was on shore at the date specified. Said John was only in the company of said Reniers “en Sellande et en Horlande.”

To the demand of Thos. atte Hurst touching goods seized from the “Distaf de Haneforde” by Johan Peidroge, Clay Clinkhamer, Piers Hues, and others in 1302 [sic], the said “Oudart” [sic] replies as he did to the claim of Alayn de Thorndon. [See below.]

Aleyn de Thornden, burgess of “Lenn,” loaded a ship in Scotland belonging to Nichol de Caith̃ with goods value £133 for Brabant,—mons̃ Odard de Maubusshon, Johan Peidrgroge, Johan de la B..ge.lour, “soen frere Lani yacop” Gusse Odin, Johan le parker, vaaseur le Mariner, Hirnolet le Man and Petre le Puttere, in August 1304 seized the ship off Kirkele, killed the crew, and disposed of ship and goods at Calais. Aleyn demands restoration and damages, value in all £143.

The said John replies that he and others named in above plaint at the date specified were in Holland and Zeeland. “Car le iour de la Seint Laurence1403 il se combatieront en Selande as Flamens as Baion̄ois et as Engleis qi estoient en lour aide.”

William Quineberge, burgess of Lynn, loaded his own ship, the “Nicholas,” at Lynn for Scotland with goods, value £35, 15s. 8d.—Odard de Maubusshon, Johan Perdroge, Johan Huard, Gusse Odin, Simond Danyn, Johan Allestein, Clay Clinchamer, Vaaseur le Mariner, Johan Paye, and Petre le Pottere in August 1303 plundered the ship off Scarborough, killed a mariner, and disposed of the goods at Calais. William demands restoration and £10 damages.

Adam Honson of Gloucester loaded the ship of “Williame de Douere” at Antwerp for England with goods, value £220. Odard de Maubusshon and Johan Peidroge of Calais, in September 1303, plundered said ship in sight of Dover, “et illoeques la Nief deliuereront al auant dit William de Douere” [sic]. Adam demands restoration and £60 damages.

Johan de Hetheye, William le Scherman, Rich. le Goldsmith, Johan le Blunt, Will. de Nesse, Johan Gode, and Wauter Top loaded the ship of William Gare called “Michele de Arwe” in London with goods, value £556, 3s. 8d., for Brabant.

Sire Reyner Grimbaud, admiral, on the high seas, the Sunday after Michaelmas 1303,1404 seized said ship and goods and took them “a Roem en Normandie”; sent the crew to Calais, where some were put in prison, and one still remains. Plaintiffs demand restoration and £100 damages.

To the complaint touching “la Michele de Arwe,” seized on the Sunday after Michaelmas 1304 [sic], the “chiualer” confesses he took such a ship in that year but not of the value named: “ains fu prise la dite Nief a la Suyne a la pointe du Jour oue poer des enemys as Ancres.” He seized it rightfully, the said ship consorting with the enemies of France. The crew were taken, without force, and letters were found in the ship to those of Bruges concerning money to be received in that town; those put in prison all escaped except Johan de Masworth, who is still there. The “chiualer” deems both persons and goods forfeit to the King of France.

To the demand of John de Masworth for restoration of goods and liberty, the “chiualer” says he is in prison as a malefactor against the King of France, and that the commission of the deputies does not extend to such cases.

Adam de Fulham against John Paydroge.

Libel.

Adam de Fulham of London complains that in the year 1302 men of Calais attacked the “Margarete de Jernemuth” off Orfordenessh going to London, killed the crew, and took the ship and goods to the value of £20 to Calais and there disposed of them. Demands restoration and damages.

Denial.

To the demand made by Adam de Fulham against said John and others touching violence done to him between “le Seint Martin et le Chaundeler” in 1302, said John replies as he did to Johan de Chelchethe.

Exemption Requiring Delay.

To another demand of said Adam, said John replies as he did to William Seruat.

John de Chelchete against Reyner de Grymaus.

Libel.

John de Chelchethe of London complains that in 1302 John Padrogh and others of Calais attacked the “Margarete de Jernemuth” off Orfordenessh, killed the crew, and took ship and goods to Calais. Demands restoration and damages, value in all £39, 5s. 8d.

Exemption Requiring Delay.

Said John Padrogh replies as he did to William Seruat.

Edmund Lamby ... against John Paydroge.

Libel.

Said Edmund complains as others have done concerning the “Margaret of Yarmouth.” His goods therein were of the value of £12.

Gilbert de Asshendon against John Paydroge.

Libel.

Said Gilbert de Asshendon of London complains that the “Distaf de Haneford” loaded at Berwick for London was taken off Blakeney in 1303 (Tuesday after St Bartholomew). Demands restoration and damages, value in all £8, 10s. 4d.

Denial.

Said John replies that at the date specified he was on dry land at Calais.

To this demand against Johan Peidroge, Clay Clinkhanner, Piers Hues, Stace Swares, and Johan Huares, Oudart replies as he did to Alein de Thornden.

APPENDIX C.
(P. 65.)
LICENSE FOR FISHING AT THE “ZOWE” BANK IN THE CHANNEL.

(State Papers, Domestic. James I., Vol. 81, No. 3. 1615.)

Robert, Baron of Brancepeth, Viscount Rochester, Earle of Somersett, Lord Chamberlaine of his Ma^te householde, knyght of the most noble order of the Garter, and one of his Ma^te most honorable privie Counsell, provisionally deputed for the government of the Cinque Portes. To all to whom theis presentes shall come, Greeting, Knowe ye that I, according to the auntient ordinances and rules hertofore established and lately revived for the preservacon of the fishing betwixt the subiectes of the Easterne coast of the kingdome of great Britayne and the frenche Fishermen accoastinge those partes, Haue by theis presentes licensed and authorised Reynold Howgatt of the Towne of Treporte, Fisherman, M^r of one Fisherboate called the Don de Dieu of about fourteen tonnes, with all her Company and servants of the same Boate, To Fishe at the place called the Sowe upon the English coast and elsewhere upon that coast, in the same sorte as any one of those five boates heertofore tollerated and privileged out of respect for the service of the Frenche king his excellent Ma^tie, for all sortes of Fishe without restrainte of season, soe the same be done and performed with nettes and engines lawfull and accustomed by the English subiectes of that coast. Requiring you and every of you whom it shall concerne not onely to permit and suffer him and his sayd servantes soe to doe without any your unnecessary lett or impeachement. But alsoe to yeilde him and his company all lawfull favor and assistance therein as they shall have occasion, bearinge themselves orderly and peaceably and observing the rules and ordinances sett downe and established for that coast fishing as aforesaid under the penalties therein expressed and conteyned. This license is to endure but untill the first daie of August w^ch shalbe in the yeare of our Lord God 1616.

Geven under the Seale of Office at Douer Castle the sixt daie of July in the thirteenth yeare of the reigne of our Souereigne Lord, James, by the grace of God of Great Britaine, Frannce, and Ireland, king, Defender of the fayth, &c.

(Sd.) R. Somerset.

A la nominac̃on du Mouns^r Villares Houden gouern^r du Chatiau et ville de Diep et suit du Roy de Fraunce.

APPENDIX D.
(P. 119.)
PROCLAMATION FOR REUOCATION OF MARINERS FROM FORREINE SERUICES.

(A Booke of Proclamations, published since the beginning of his Majesties most happy Reigne ouer England, &c., Vntill this present Moneth of Febr. 3, Anno Dom. 1609 [1602-1612].)

Whereas within this short time since the Peace concluded betweene vs and the King of Spaine and the Archdukes our good brothers, it hath appeared unto vs that many Mariners and Seafearing men of this Realme hauing gotten a custome and habite in the time of the Warre to make profite by Spoile, doe leaue their ordinary and honest vocation and Trading in Merchantly Voyages, whereby they might both reape conuenient maintenance, and be seruiceable to their Countrey, And doe betake themselues to the seruice of diuers forreine States, vnder the title of men of Warre, to haue thereby occasion to continue their vnlawful and vngodly course of liuing by spoile vsing the seruice of those Princes but for colour and pretext, but in effect making themselues commonly no better then Pirats to robbe both our owne Subiects their Countreymen, and the subiects of other Princes our neighbours, going in their honest Trade of Merchandize: By which courses they doe impeach the quiet traffique of Nations one with other, leaue our Realme vnfurnished of men of their sort, if we should haue cause to vse them, and inure themselues to an impious disposition of liuing by rapine and euill meanes, although by reason of the Uniuersall peace wherein wee are at this present with all Christian Princes and States, they may haue a more plentifull employment in an orderly and lawfull Nauigation, then at any time of late yeeres they could haue had: We haue thought it necessary in time to preuent the spreading of such a corruption amongst our Subiects of that sort and calling, whereby our Nation will be so much slandered, and our Realme so greatly disaduantaged. Wherefore we doe will and command all Masters of ships, Pilots, Mariners, and all other sort of Seafearing men, who now are in the Martiall seruice of any forreine States, that they doe presently returne home into their owne Countrey, and leaue all such forreine Seruices, and betake themselues to their vocation in the lawfull course of Merchandize, and other orderly Nauigation, upon such paines and punishments as by the Lawes of our Realme may be inflicted upon them, if after this declaration of our pleasure, they shall not obey. And we doe also vpon the same paines straitly charge and command al our Subiects of that profession, that none of them shall from hencefoorth take Letters of Marke or Reprisall, nor serue vnder any that hath such Letters of Marke or Reprisall from any forreine Prince or State whatsoeuer, Nor otherwise employ themselues in any warlike Seruices of any forraine State vpon the Sea, without speciall License obtained from our selfe, or from our high Admirall, as they will answer the contrary at their perils.

And forasmuch as although we are in Peace with all Christian Princes and States, yet during the continuance of the Warre betweene the King of Spain and the Archdukes on the one side, and the vnited Prouinces of the Low-Countreys on the other side, many chances may happen, as some already haue happened, of difficult interpretation to our Officers and Subiects how to behaue themselues in such cases, vnlesse they be explained vnto them: We haue thought it conuenient to make an open declaration how our said Officers and Subiects shall demeane themselues towards the Subiects aswell of the King of Spaine and Archdukes, as also of the States vnited in the cases following.

First our pleasure is, That within our Portes, Hauens, Rodes, Creekes, or other places of our Dominion, or so neere to any of our sayd Ports or Hauens, as may be reasonably construed to bee within that Title, Limit, or Precinct, there shall be no force, violence, surprise, or offence suffered to be done either from Man of warre to Man of warre, or Man of warre to Merchant, or Merchant to Merchant of either party, but that all of what Nation soeuer, so long as they shall bee within those our Ports and places of our Jurisdiction, or where our Officers may prohibite violence, shall bee vnderstood to be under our protection to bee ordered by course of Justice, and be at peace each with other.

And whereas some of the Men of warre of ech side haue vsed of late, and it is like will vse in time to come, though not to come within our Ports, because there they know wee can restraine violence, yet to houer and hang about the skirts of our Ports, somewhat to Seaboard, but yet so neere our coastes and the entrie of our Harbours, as in reason is to be construed to be within the extent of the same, and there to await the Merchant of the aduerse part, and doe seaze and take them at their going out of our Ports, which is all one in a manner, as if they tooke them within our Port, and will bee no lesse hinderance to the trade of Merchants: Our pleasure therefore and commaundement is to all our Officers and Subiects by Sea and Land, That they shall prohibite, as much as in them lyeth, all such houering of Men of warre of either side, so neere the entrie of any of our Hauens or our Coastes, And that they shall rescue and succour all Merchants, and others that shall fall within the danger of any such as shall await our Coastes in so neere places to the hinderance of Trade and Traffique outward and homeward from and to our Kingdomes. And for the better instructions of our Officers in the execution of these two Articles, Wee haue caused to be sent to them plats of those Limits, within which we are resolued that these Orders shalbe obserued.

And where it hath happened, and is like to doe often, that a Ship of warre of the one side may come into some of our Ports, where there shall bee a Merchant of the other side: In such case, for the benefit and preseruation of the lawfull Trade of Merchants, Our pleasure is, That all Merchants Ships, if they will require it, shall bee suffered to depart out of the sayd Port, two or three tydes before the Man of warre, to the intent that the Merchant may bee free from the pursuite of his aduersary. And if it so happen, that any Ship or Ships of warre of the one side, doe finde any Ship or Ships of warre of the other side in any our Ports or Roades aforesayd; Like as our pleasure is that during their abode there, all violence be forborne: So doe wee likewise commaunde our sayd Officers and Subiects both on Sea and Land, That the Ship of warre which came in first, bee suffered to depart a Tyde or two before the other which came in last, And that for so long time they shall stay and detaine any Ship of warre, that would offer to pursue another out of any our Ports immediately.

And where [sic] wee are infourmed, that notwithstanding the seueritie of our Lawes against receiuers of Pirats goods, many of our Officers of our Ports and other inhabitants within and neere vnto them, doe receiue dayly Goods brought in from Sea by such as are indeed Pirats, if they, and the getting of their Goods were well examined: We doe hereby admonish them all, to auoyd the receiuing or buying of any Goods from Sea, coming not into the Realme by lawfull course of Merchandise, for that they shall finde, wee are resolued so to preuent all occasion and encouragement of Pirats to bee vsed by any our Subiects as wee will cause our Lawes to bee fully executed according to their true meaning, both against the Pirats, and all Receuiers and Abetters of them, and their Goods.

APPENDIX E.
(P. 120.)
DECLARATION OF JURY OF THE TRINITY HOUSE AS TO THE LIMITS OF THE KING’S CHAMBERS.

(State Papers, Domestic. James I., Vol. 13, No. 11. 1605.)

A note of y^e Headlandes of England as they beare one from another agreeing with the plott of y^e Description of y^e Countrye as followeth.

From Holy Iland to the Sowter is South South east. From the Sowter to Whitby is Southeast. From Whitby to Flamborough head is Southeast, and half a point Southerly. From Flamborough head to the Sporne is Southeast easterlie. From the Sporne to Cromar is Southeast, and by East. From Cromar to Wynterton nes is Southeast and by South. From Wynterton nes to Caster nes is South South east. From Casternes to Layestof is South. From Layestof to East nes is South, and half a point to the Westward. From Eastness to Orforthnes is South and by West. From Orforth nes to the North foreland is South, and one third of a point to the Westward. From the Northforland to the Southforeland is South. From the Southforeland to Dungnes is Southwest and one fourth part of a point to y^e Southwards. From Dungnes to Beache is West Southwest, and one fourth part of a poynt to the Southwards. From Beache to Dune noze is West Southwest, and three quarters of a point to the Westwards. From Dune noze to Portland is West and by South Southerly. From Portland to the Start is West Southwest and one fifth part of a point to the Westwards. From the Start to the Ramme is West, and one fourth part of a point to the Northwards. From the Ramme to the Dudman is West Southwest, and one sixt part of a point to the Westwards. From the Dudman to the Lizard is West Southwest, and one third part of a point to the Southwards. From the Lizard to Lands end is West Northwest Northerly. From Lands end to Milford is North and two third parts of a point to the Eastwards. From Milford to S. Dauids head is North and half a point to the Westwards. From S. Dauids head to Beardsie, is North and by East, and one eight part of a point to the Eastwards. From Beardsie to Holly head is North, and one sixt part of a poynt to the Westwards. From Holly head to the Ile of Man is North and by East, and one fifth part of a point to the Northwards.

Wee whose names are heerevnder written being called before the right worshipfull Sir Julius Cesar, Knight, Judge of the Kings Majesties Highe Court of Admiraltie, and there impanelled, and sworne vpon a Jurie to sett downe the bounds, and lymits, howfarre the Kings Chambers, Hauens, or Ports on the Sea coasts doe extend; Do heereby certifie, and sett downe (according to our best knowledge, and vnderstanding) that his Highnes said chambers, Hauens, or Ports are all the Seacoasts within a straight lyne drawne from one head land to the next head land throughout this realme of England. And for the better vnderstanding thereof haue made a plott of the same, and haue therevnto prefixed this our Schedule, shewing how euerie head-land doth beare vpon a right lyne the one from the other according to the said Plott. Dated the 4. of March A^o. Dⁱ. 1604 [1604/5] And in the second yeare of the reigne of our Souueraigne Lord King James, &c.

APPENDIX F.
(P. 148.)
PROCLAMATION OF JAMES I. FOR THE RESTRAINT OF FOREIGNERS FISHING ON THE BRITISH COASTS.

(A Booke of Proclamations, &c. 1609 [1602-1612].)

James by the Grace of God King of Great Britaine, France and Ireland, Defender of the Faith, &c. To all and singular persons to whom it may appertaine, Greeting. Although we doe sufficiently know by our experience in the Office of Regall dignitie (in which by the fauour of Almighty God, we haue bene placed and exercised these many yeres) as also by the obseruation which wee haue made of other Christian Princes exemplary Actions, how farre the absolutenesse of Soueraigne power extendeth it selfe, And that in regard thereof we need not yeeld accompt to any person under God, for any action of ours, which is lawfully grounded upon that iust prerogatiue: Yet such hath euer bene, and shalbe our care and desire to give satisfaction to our neighbour Princes, and friends, in any Action which may haue the least relation to their Subiects and Estates, as we haue thought good (by way of friendly premonition) to declare unto them all, and to whom soeuer it may appertaine, as followeth.

Whereas wee haue bene contented since our comming to the Crowne, to tolerate an indifferent and promiscuous kinde of libertie to all our friends whatsoeuer, to fish within our streames, and vpon any of our coasts of Great Britaine, Ireland, and other adiacent Islands, so farre foorth as the permission or vse thereof might not redound to the empeachment of our Prerogatiue Royall, nor to the hurt and damage of our louing Subiects, whose preseruation and flourishing estate we hold our selfe principally bound to aduance before all worldly respects: So finding that our conniuence therein, hath not onely giuen occasion of ouer great encrochments vpon our Regalities, or rather questioning for our Right, but hath bene a meanes of much dayly wrongs to our owne people that exercise the trade of Fishing as (either by the multitude of Strangers, which doe preoccupy those places, or by the iniuries which they receiue most cõmonly at their hands) our Subiects are constrained to abandon their Fishing, or at the least are become so discouraged in the same, as they hold it better for them, to betake themselues to some other course of liuing, whereby not onely diuers of our Coast-townes are much decayed, but the number of Mariners dayly diminished, which is a matter of great consequence to our Estate, considering how much the strength thereof consisteth in the power of Shipping, and vse of Nauigation: We haue thought it now both iust and necessary (in respect that wee are now by Gods fauour lineally and lawfully possessed, aswell of the Island of Great Britaine, as of Ireland, and the rest of the Isles adiacent) to bethinke our selues of good lawfull meanes to preuent those inconueniences, and many others depending vpon the same. In the consideration whereof, as we are desirous that the world may take notice, that we haue no intention to deny our neighbors and Allies, those fruits and benefits of Peace and friendship, which may be iustly expected at our hands in honour and reason, or are affoorded by other Princes mutually in the point of Commerce, and exchange of those things which may not prooue preiudiciall to them: So because some such conuenient order may be taken in this matter, as may sufficiently prouide for all these important considerations which doe depend thereupon; Wee haue resolued first to give notice to all the world, That our expresse pleasure is, that from the beginning of the Moneth of August next comming, no person of what Nation or qualitie soeuer, being not our naturall borne Subiect, be permitted to fish vpon any of our Coasts and Seas of Great Britaine, Ireland, and the rest of the Isles adiacent, where most usually heretofore any fishing hath bene, untill they haue orderly demanded and obtained licenses from vs, or such our Commissioners, as we haue authorised in that behalfe, viz. at London for our Realmes of England and Ireland, and at Edenborough for our Realme of Scotland: Which Licenses, our intention is, shall be yeerely demanded, for so many Vessels and ships, and the Tonnage thereof, as shall intend to fish for that whole yeere, or any part thereof, vpon any of our Coastes and Seas as aforesaid, vpon paine of such chastisement, as shalbe fit to bee inflicted vpon such wilfull offendors.

APPENDIX G.
(Pp. 169, 196.)

INSTRUCTIONS BY THE PRIVY COUNCIL OF SCOTLAND FOR THE LEVYING OF THE “ASSIZE-HERRINGS” FROM FOREIGN FISHERMEN.

(Register of the Privy Council of Scotland, vol. xi. p. 592.)

Instructionis givin be the Lordis of Secreit Counsall to Mr Johnne Fentoun, his Majesteis commissionar, who is directit to demand his Majesteis rent of assyse and teynd frome these of Holland, Zeland, Hambruch, Ambden, Rustock, and all utheris strangeris haunting the trade of fisching in his Majesteis seas during this present yeir.

In the first, yow sall prepair your selff and mak you reddie in goode and comelie ordour and equippage and with all possibill haist to go in his Majesteis schip callit The Charles, quhairof David Murray is capitane and commander, towardis the North Seas of this Kingdome, quhair the Hollanderis and utheris strangeris hes thair fisching: And at your arryveall thair yow salbe cairfull to inquyre and informe yourselff of the names of the admirallis and vice-admirallis attending the flott, and of the names of thair schippis, of quhat townes and provinceis they ar, and quhat nomber of wauchteris and buscheis is sent oute be every towne, province and estate to attend thair fischeing.

Yow sall be vertew of your commissioun, and attending to the tennour thairof, demand frome the saidis admirallis, and, incaice of thair absence, frome the vice-admirallis, and frome tua or thrie of the waughteris and busches of every estate, his Majesteis rent of assyse and teynd specifeit and contenit in your commissioun for the haill fischeis tane and slayne be thame in his Majesteis watteris and seas this yeir. And yow sall use this requisitoun and demand in fair and gentill termes and with modestie and discretioun.

Yf thay contravert with yow anent the quantitie of this dewytie, yow sall not dispute that poynt with thame, bot, if they mak offer of ane smaller dewytie, althoght it wer bot ane angell for every busche overhead, yow sall accept of thair offer.

Yf thay sall mak offer of the fische outher for the teynd or assyse, yow sall accept of thame, and, gif yow find ony countrey vessellis or boittis thair, yow sall send for thame and putt the fische in thame.

Yf they gif unto yow a delaying answer and crave tyme and laiser to send to thair superiouris to be advyseit with thame, yow sall accompt of thair delay as ane refuisall, and accordinglie accept sua of it.

Yf it be objectit unto yow that all the busches ar not of a lyke burdeyne, and that consequentlie they aucht not to pay a lyke dewytie for assise and teynd, yow sall in this caise gif defalcatioun to the smaller busches according to your discretioun and be the aduyse of the admirallis, gif thay will concur with yow in that erand; provydeing alwayes that the smallest dewytie to be taine be yow for every busche be not within ane angell.

Yf the admirallis or vice-admirallis for every toun, estate, or province will aggrie with yow for the haill busches under thair charge, yow sall aggrie with thame and gif unto them acquittanceis in name of the haill that thay tak burdeyne for; bot, yf thay remitt yow to deale with every busche apairt, yow sall do the same and gif acquettanceis accordinglie.

Yf refuisall salbe maid unto yow of his Majesties rent and dewytie, yow sall tak instrumentis upoun the said refuisall without forder contestatioun; and, gif obedience be givin and payment accordinglie maid, yow sall lykwayse take instrumentis thairupoun.

Yow sall informe the saidis admirallis, and, incaice of thair absence, the saidis vice-admirallis, of the complaint maid to his Majesteis Counsall be his Majesteis subjectis of Zetland anent the greit oppressioun committit upoun thame be divers personis of the floitt who comes aschoir upoun thair illis of Halff Grunay, Wedderholme, South Grunay, and Lungya, and upoun divers utheris pairtis of the countrey, quhair thay not only enter in kirkis, dimolischeis and brekis doun the daskis and seattis within the same and schamefullie abuses the same, to the offence and dishonour of God, bot with that thay spoyle the countrey people of thair scheip, geis, hennis, eggs, and suche uther commoditeyis as they find upoun the ground, and sumtymes invaidis and persewis thame of thair lyveis; and thairfoir yow sall crave redres and reparatioun to be made for thir wrangis and that the lyke be forborne in all tyme coming.

APPENDIX H.
(P. 251.)
REGLEMENT FOR PREVENTING ABUSES IN AND ABOUT THE NARROW SEAS AND PORTS.

(State Papers, Domestic. “James I., Vol. 11, No. 40. 1604.” Charles I., Vol. 279, No. 18. 1634.)

His most Excellent Ma^ty taking into his Royall Consideration, upon the frequent Complaints, as well of his own Subjects, as the Subjects of other Princes and States in Peace and Amitie with his Ma^ty. That his Seas (commonly called the four English Seas) are more infested now a days then heretofore, by men of Warre and such others, who living by spoile haunt those Seas, with ships and vessels of strength warlikely appointed to gett prey and booties, whereby not only his Ma^tye’s own Subjects and the Subjects of his friends suffer manifold losses, violences and Injuryes in their persons, ships and goods, but also divers strange Insolencyes indignityes and contempts are committed, tending indirectly and by consequence to the denyall and impeachment of that Soveraignety and especiall and peculiar Interest and property, w^ch his Ma^ty and his Predecessors time out of mind have had and enjoyed in the said Seas, and soe approved not only by the fundamentall Lawes of this his Kingdome, but by the acknowledgement and assent of the bordering Princes and Nations, as appeareth by undoubted Records. His Ma^ty out of his Princely wisedome and providence (with the Advice of his Privy Councell) hath thought it most necessary, as well for vindicating his own honour and right in the said Seas, as in point of Justice for securing the passage of his Subjects and friends to and frõ his harbours and Ports, and all other Ports [? parts] of his Dominions, to make this open declaration ensuing.

1. That notwithstanding the continuance of y^e war between the K. of Spaine on the one side, and the United Provinces of the Low Countryes on the other side, his Ma^ty doth streightly prohibite any force, violence, surprize, or offense to be done or attempted either frõ Man of Warre to man of Warre, or man of Warre to Merchant, or Merchant to Merchant of either Party within the limits w^ch his Ma^ty will cause to be described in a Plott for that purpose, but that all of what Nation soever soe long as they shall be upon those places or Seas aforesaid, especially within such limits, shall be understood to be under his Ma^tyes Protection, and obliged to be at Peace each with other.

2. Because it appeareth that an especiall occasion of the mutuall spoiles and acts of hostility executed by the said men of Warre each upon other and sometimes upon his Ma^tyes own Subjects, or the Subjects of other Nations w^ch are in Amity with the Soveraignes of the Spoilers, ariseth from the opportunity w^ch the said Men of Warre have by continuing and abiding in havens, Sea-shoares or Sea-Roades and other harbours of his Ma^tyes Kingdomes, whence they gett intelligence of ships and vessels outward and hitherward bound, and accordingly assayle them, where it is most for their advantage, to the great hindrance and interruption of free Commerce and Entercourse, His Ma^tyes Will and Pleasure is, That, for the reasons aforesaid, noe shipps of Warre, belonging either to the K. of Spaine, or any his Subjects, or to the said United Provinces, or any of their Subjects shall be permitted or allowed to come, enter, repaire, or arrive in or to any of his Ma^tyes Towns, Citties, Sea-Shores, Havens, Harbours, or Sea roades, whatsoever, or there to abide and continue, except they happen to be constrained either by force of Tempest, or buying of Victualls, or other things, or for repairing of shipping, so that they doe no hostile act in the said Places, but demeane themselves honestly and quietly as it becometh Confederates and friends, and so as they stay and remaine not in and about the said Ports any longer then shall be needfull for reparation, and Provision of necessaryes.

3. Albeit his Ma^ty doth justly challenge Soveraignety and property in all those his Seas farre beyond the limits hereafter to be described and might with like Justice require from all persons using those his seas a forbearance frõ Injuryes and all hostile actions, yet (in and through all the same) sodenly to tye the hands of his friends and Allyes in open hostility each with other is not for some reasons held convenient at this time. And therefore to avoyde all difficultyes and Colour of Controversies that may be stirred concerning the bounds and extent wherein his Ma^ty now professeth to yeild Peace and Security to his friends and neighbours, desiring the same, his Ma^ty purposeth to send Plotts of those limits to be affixed in the most publique places of his chiefest Sea-Towns and harbours.

4. Because it is very like, that during the continuance of the Warre betweene the K. of Spaine, and the United Provinces as is aforesaid, each Party may gaine and acquire frõ other in places out of the aforesaid Limitts, ships, and goods, His Ma^ty doth declare, That as he will afford to the conquering Partyes, free passage through his Seas for themselves, their ships and prizes, and like free accesse and repaire to all his Ports and harbours, and safe aboad and continuance in the same during their occasions, so his Ma^ty shall not understand it to be any breach of his Peace, or violation of that Security w^ch he intendeth to mainteine, if the enemyes of the conquering Party shall reconquer or regaine the said Prizes, before the conquering Party shall have brought his said Prizes within any of his Ma^tyes harbours, or when after they shall have departed with the said Prizes homewards, or elsewhere from the said harbours, the right of Warre and Law of Nations giving like allowance to either of the said hostile actions, Provided always, that his Ma^ty doth not mean hereby to derogate from the Jurisdiction of his Court of Admiralty, but if any action (in forme of Law) shall be lawfully instituted and duly presented in the Admirall Court ag^t the said Prizes and the Takers thereof, his Ma^ty will cause Justice to be administred in that behalfe with all possible expedition.

5. Whereas mention is often made in the premisses of his Ma^tyes Protection within the aforesaid bounds and limits, his Ma^ty is now pleased further to expresse his Intention and meaning to that effect, viz. That he shall readyly give his Letters of Safe Conduct under the Great Seale of his Admiralty to any the Subjects of the Princes or States in league and Amity with his Ma^ty desiring the same from the Lords Commiss^rs of the Admiralty, to whom his Ma^ty will referre the Consideration and allowance of such Petitions, the said Letters of Safe Conduct to be conceived in the best forme. And if any man of Warre or other Person whatsoever shall assault or use any violence to any ship or vessell, or the persons therein, within the limits aforesaid his Ma^ty will hold such offender being lawfully convicted thereof for a Pirate, and will cause his Officers to inflict such punishment thereupon, as in Cases of Piracy is usuall, if the said offenders can be apprehended within any his Ma^tyes Countrey or Dominions, or any other, or any other ships or goods belonging to them, To w^ch purpose his Ma^ty will cause notice to be given from the Court of his Admiralty to all his Officers in Ports and Vice-Admiralls and Captaines of his Forts and ships, But if all this notwithstanding, the said offenders cannot be attached or apprehended, then the Party wronged, upon sufficient testimonyes to be recorded in the Court of Admiralty may take out of the said Court Processe, conteining a Monition for the said pretended offenders, to appeare in the Court of Admiralty within 4 moneths next after the date of the said Processe, there to answer for the pretended wrong or violence, the said Processes to be affixed openly in some eminent place of the Royall Exchange, London. And if the said offenders shall not render their bodyes to Justice, then upon faith made, that the said Processe was duly taken out, and the next day after the date thereof was publiquely affixed as is aforesaid, his Ma^ty will by his Letters of Request under his Privy Seale to the Soveraignes of the said offenders, or otherwise, pursue such further proceedings ag^t the said offenders, as is agreeable to the Custome amongst Sovereigne States and Princes and the Law of Nations in like Cases.

APPENDIX I.
(P. 289.)

REPORT OF THE ADMIRALTY TO CHARLES I. AS TO THE EMPLOYMENT OF THE SHIP-MONEY FLEET IN WAFTING AND SECURING FOREIGN MERCHANTS PASSING THROUGH HIS MAJESTY’S SEAS, AND IN PROTECTING FOREIGN FISHERMEN WHO ACCEPT THE KING’S LICENSE.

(State Papers, Domestic. Charles I., Vol. 313, No. 24.)

It may Please your Ma^ty,

According to your Majesty’s commandment, wee, your Commissioners for ye Admiralty have mett and consulted on those two pointes which you were pleased to recommend to our consideration, touching the imploying of your fleete for yo^r Honor and Proffit. The one for the wafting and securing of Merchants that pass through yo^r Majesty’s seas. The other for protecting all such fishermen in generall as shall exercise that trade by your Majesty’s license upon yo^r seas and coastes.

The first of these that fell into debate was that concerning the fishing, and by S^r Henry Martin it was made evident vnto vs that y^r Ma^ts father of blessed memory in ... yeere of his Raigne, was, vpon long and mature deliberacion, satisfied and resolved, that the fishing in his Seas, and upon the coasts of his Dominions, did justly appertain unto him as a right incident to his Crownes, and that in pursuance thereof, he did then sett out his Royall Proclamation, thereby declaring his title, as allso his pleasure, that no stranger of what quality soever should presume to fish there without his expresse license, and so was graciously pleased in the said Proclamation to appoint, that for the Coastes of England and Ireland licenses should be given in London, and for those of Scotland in Edenborough.

And howsoever S^r Henry Martin did allso make it appear unto us that the States of the Vnited Provinces did at that time sende Commissioners into England who presented to his Majesty a paper contayning allegations by w^ch they did entend to prove continued custom and a present possession of that fishing, mentioning w^tall som treaties that had bene heretofore betwene the Kinges of Englande and the Dukes of Burgundy in fauor of that their fishing, yet upon the whole matter, and after due deliberation, wee were all of opinion and are so still, that the Right and Royallty of that fishing upon yo^r Ma^ts Coastes doth undoubtedly belong unto yo^r Majesty by inheritance, so you may iustly prohibit or license all strangers at yo^r Royall will and pleasure.

This being laid for the ground, wee proceeded (according to your Majesty’s directions) to the consideration of what was now fitting to be advised unto yo^r Majesty vpon this present occasion of yo^r strength at sea, and are all of opinion, that this season is most propper again not only to set on foote, but to putt in execucion that yo^r Majesty’s so iust clayme, so as then there only remayned our consultation de modo.

In this wee are now much guided by that which yo^r Majesty yo^r selfe was pleased to declare unto us concerning the protecting of all such fishers as shall take yo^r license. For it is most certain that the Hollanders will by no meanes be so much induced (be the right what it will) as by consideracions of their owne proffitt and safety. Wee therefore thought itt (and do most humbly offer it to yo^r Majesty as our opinion) that vnto the Minister or Ministers of the States residing here, it may be intimated and declared, that yo^r Majesty doth no way relinquish that iust right and clayme of inheritance to the Royall fishings, so divolved unto you from yo^r Royall Predecessors, but are resolved to defende it as the hereditary right and possession of any other yo^r Dominions. Yet least they should think you do now challenge it in a tyme that they have most neede of yo^r favor and grace, it may be tolde them, that it is farr otherwise, for whereas yo^r Majesty’s father did barely offer them licenses, you do now offer them safety and protection w^tall, and that w^ch further moved you to do it, in this season, is, that by a third Prince, they are of late interrupted and beaten from that fishing even in sight of yo^r Majesty’s harbours; wherein yo^r Majesty is prejudiced in honor and Interest, and they in Proffit.

That it is not vnknown to the States how much their enemies are resolved to interrupt that their fishing, as holding it a most certain way and meanes both to weaken and impoverish them.

That by taking licenses from yo^r Majesty you may justify the drawing yo^r sword in their defence, and likewise for the maintenance of the said licenses against any notwithstanding any league or treaty whatsoever, w^ch without that obligation might seeme a breach of that neutrality w^ch hitherto yo^r Ma^ty hath preserved in yo^r selfe.

And lastly wee tooke into consideration that in case the Hollanders shall willfully refuse to take those licenses upon so gracious and fauorable conditions from yo^r Majesty then we were all cleere of opinion, that yo^r M. should renew and publish the like proclamation to that of the King yo^r father, and prosecute the settling of that yo^r right as a thing so highly concerning you in honor, dominion and profit. And so we do humbly conclude this point, with advice, that all such licenses as shalbe granted, be rated according to the tonne or burden of the vessells, so to be licensed.

Touching that of the Wafting of Merchants strangers shippes that shall passe through yo^r Majesty’s seas, we are cleere of opinion that yo^r M. ought to have a profit by it, seeing that they are thereby preserved from oppression and ruine. But we are not of opinion that this profit should arise by way of a generall Imposition vpon all that passe: for that wold, doubtlesse, draw a iust complaint and clamor from yo^r neighbour Princes and their subjects. But that it should be taken of such as shall desire waftage, w^ch yo^r M. may direct not to be denyed to any of what Christian nacion soever that shall demande it, not being men-of-warre.

And because it wilbe a difficult matter to expresse in any Commission or Instructions a certain somme or duety to be taken of every ship so wafted, for that som shippes are rich, others of lesse value; som will require a short waftage, others a longer. Therefore we are of opinion, that for the value, much is to be left to the discretion of yo^r Majesty’s Generall and commanders, and that som honest hable men may be employed to keepe bookes, and to receave the moneyes of all those waftings w^ch shall occurr, and be accomptable and answerable for the same. [5 Feb. 1635/1636 Copy by Windebank.]