Chapter 34

619“Hujus generis est Aër, duplici ratione, tum quia occupari non potest, tum quia usum promiscuum hominibus debet. Et eisdem de causis commune est omnium Maris Elementum, infinitum scilicet ita, ut possideri non queat, et omnium usibus accommodatum: sive navigationem respicimus, sive etiam piscaturum.” Cap. v.620Cap. v. “Similiter reditus qui in piscationes maritimas constituti Regalium numero censenter, non rem, hoc est mare, aut piscationem, sed personas non obligant. Quare subditi, in quos legem ferendi potestas Reipublicæ aut Principi ex consensu competit, ad onera ista compelli forte poterunt: sed exteris jus piscandi ubique immune esse debet, ne servitus imponatur mari quod servire non potest.... Quod in aliis difficile videtur, in hac omnino fieri non potest: quod in aliis iniquum judicamus, in hac summe barbarum est, atque inhumanum.... In tanto mari si quis usu promiscuo solum sibi imperium et ditionem exciperet, tamen immodicæ dominationis affectator haberetur: si quis piscatu arceret alios, insanæ cupiditatis notam non effugeret.”621Not improbably James hadMare Liberumin view in the following sentence in his Proclamation of 1609: “Finding that our connivance therein hath not only given occasion of over great encroachment upon our regalities, or rather questioning for our right.” That it was believed in England that Grotius had James in view is shown by the followingpréciscontained in the volume of official records prepared for the ambassadors to the Congress at Cologne in 1673: “K. James coming in, the Dutch put outMare Liberum, made as if aimed at mortifying the Spaniards’ usurpation in the W. and E. Indyes, but indeed at England. K. James resents it, bids his AmbrSrD. Carleton complaine of it.”State Papers, Dom., cccxxxix. p. 99. Chas. II., 1673-75.622Cap. v. p. 29. “In hoc autem Oceano non de sinu aut fretu, nec de omni quidem eo quod e littore conspici potest controversia est. Vindicant sibi Lusitani quicquid duos Orbes interjacet.”623Cap. vii.624Hvgonis Grotii De Ivre Belli ac Pacis, Libri Tres.625Lib. ii. cap. ii. s. iii. 1, 2.626Lib. ii. cap. iii. s. viii. “Ad hoc exemplum videtur et mare occupari potuisse ab eo qui terras ad latus utrumque possideat, etiamsi aut supra pateat ut sinus, aut supra et infra ut fretum, dummodo non ita magna sit pars maris ut non cum terris comparata portio earum videri possit. Et quod uni populo aut Regi licet, idem licere videtur et duobus aut tribus, si pariter mare intersitum occupare voluerint, nam sic flumina quæ duos populos interluunt ab utroque occupata sunt, ac deinde divisa.”627Lib. ii. cap. iii. ss. ix.-xii.628Lib. ii. cap. iii. s. xiii. 2. “Videtur autem imperium in maris portionem eadem ratione acquiri qua imperia alia, id est, ut supra diximus, ratione personarum et ratione territorii. Ratione personarum, ut si classis, qui maritimus est exercitus, aliquo in loco maris se habeat: ratione territorii, quatenus ex terra cogi possunt qui in proxima maris parte versantur, nec minus quam si in ipsa terra reperirentur.”629Calvo,Le Droit Internat., i. 348; Ortolan,Règles Internationales et Diplomatie de la Mer, i. c. v.See p. 156referring to a State Paper of 1610, which seems to be misdated “August 1609.”630Dumont,Corps Diplomatique, vol. V. ii. p. 99. The treaty was signed on (30 March)/(9 April) 1609.631Defensio, 332 (circa1614); Letter to his brother, 1st April 1617.Epistolæ, 759.632De Justo Imperio Lusitanorum Asiatico adversus Grotii Mare Liberum.633Ivlii Pacii De Dominio Maris Hadriatici Disceptatio, Lvgdvni M.D.C.XIX. Other works were Angelus Mattheacius,De Jure Venetorum et Jurisdictione Maris Adriatici, Venezia, 1617; Cornelio Francipane,Alegazion in Jure, per il Dominio, della Republica Veneta, del suo Golfo, contra alcune Scritture di Napolitani, 1618; Franciscus de Ingenuis,Epistola de Jurisdictione Venetæ Reipublicæ in Mare Adriaticum, 1619; P. Zambono,Del Dominio del Mare Adriatico overo Golfo di Venezia, Venice, 1620.634M’Crie,Life of Andrew Melville, 206, &c. Selden describes him asJurisconsultus Scotus; and Prynne “A Scot, Professor of the Civil Law” (Animadversions, 113).635There is a copy in the Library of the University, Cambridge (Aldis,A List of Books printed in Scotland before 1700; Dickson and Edmond,Annals of Scottish Printing, 415), and I have found a MS. copy among the State Papers, entitled “The Sea Law of Scotland, shortly gathered and plainly dressed for the ready use of all seafaring men. Dedicated to James VI. of Scotland by William Welvod. At Edinborough, Ao1590, by Robert Walgrave.” (State Papers, Dom., Jas. I., ccviii. No. xvi.) It was printed at Edinburgh by Waldegrave in 1590. There are fifteen chapters dealing with the freighting of ships, the powers and duties of the master, the relations between the master and the merchants, &c. In his preface to theAbridgement, Welwood refers to this earlier work as follows: “It pleased your M. some yeeres past most graciously to accept of this birth, in the great weaknes and infancie thereof. Therefore it is, that now being strong, and by all warrants inarmed, it most thankefully returnes, offring seruice to your M. euen for all the coasts of your Highnes dominions, vpon hope to merit your former grace.” His last work is dated 1622. It is probable that, like so many of his countrymen, he followed King James to London, where all his later works were published. He was of an ingenious mind, and, while teaching mathematics at St Andrews, obtained a patent for a new mode of raising water from wells, &c., on the principle of the syphon. M’Crie,op. cit.636An Abridgement of all Sea-Lawes, gathered forth of all Writings and Monuments, which are to be found among any people or Nation upon the coasts of the greate Ocean and Mediterranean Sea: And specially ordered and disposed for the use and benefit of all benevolent Sea-farers, within his Maiesties Dominions of GreatBritanne, Ireland, and the adiacent Isles thereof.London, 1613. Tit. xxvii. deals with the “community” of seas. He refers to the work of Grotius as “a verie learned, but a subtle Treatise (incerto authore) intituledMare Liberum.” Welwood’sAbridgementwas republished in 1636, without alteration; also in the edition of 1686 of Malyne’sConsuetudo vel Lex Mercatoria, but without his name.637De Dominio Maris Ivribvsque ad Dominivm praecipve spectantibvs Assertio brevis et methodica.Cosmopoli, 16th January 1615. It was republished at The Hague in 1653, and replied to by Graswinckel.See p. 412.638In Roman law a distinction was made between the sea and rivers in regard to propriety. The sea is “communis omnium naturali jure,” but the rivers are “publicæ res, quarum proprietas est populi vel reipublicæ.”639Welwood’sDe Dominio Marisis not mentioned by Grotius, whose tract appears to have been written before it was published.640Jus Feudale, Tribus Libris Comprehensum, lib. i., Diegesis 13, p. 103. Edinburgh, 1603 and 1655. The treatise was dedicated to King James. Craig was born in 1538 and died in 1608.641“Quod ad mare attinet, licet adhuc ita omnium commune sit, ut in eo navigari possit. Proprietas tamen ejus ad eos pertinere hodie creditur, ad quos proximus continens adeo ut mare Gallicum id dicatur quod littus Galliæ alluit, aut ei propius est, quam ulli alii continenti. Sic Anglicum, Scoticum, et Hybernicum, quod propius Angliæ, Scotiæ, et Hyberniæ est. Ita ut reges inter se, quasi maria omnia diviserint, et quasi ex mutua partitione alterius id mare censeatur, quod alteri propinquius et commodius est; in quo si delictum aliquod commisum fuerit, ejus sit, jurisdictio qui proximum continentem possideat. Isque suum illud mare vocat.... Piscationes vero quæ in proximo mari fiunt, proculdubio eorum sunt qui proximum continentem possident. Itaque non sine summa injuria nostra Belgæ circa nostras insulas piscantur. Nam licet piscationes in mari non prohibeantur, tamen et hæ præscribuntur, et traduntur permissæ aut prohibitæ secundum consuetudinem.”642The Maintenance of Free Trade, p. 42et seq. Consuetudo vel Lex Mercatoria.The latter contains chapters on Navigation and Community of Seas, and The Distinct Dominions of the Seas. Many editions were published.643Wheaton,Hist., 51, 153; Phillimore,Commentaries, I. xxxix.644Alberici Gentilis Juriscons. Hispanicæ Advocationis, Libri Duo, Hanoviæ, 1613. Gentilis was born in 1551 and died, like Craig, in 1608. His most important works wereDe Jure Belli(1588) andDe Legationibus. Professor Holland has given an account of his life and works inAn Inaugural Lecture on Albericus Gentilis, delivered at All Souls College, 1874. See also Alessandro de Giorgi,Della Vita e delle opere di Alberico Gentili, Parma, 1876.645In a letter from the Earl of Salisbury to Sir Thomas Lake in 1606, referring to a dispute between the Dutch and Spanish ambassadors about prizes taken in the Narrow Sea, it is said that the king, in putting in force his proclamation about the recall of subjects in foreign service (p. 119), dealt as follows: if a prize had been taken and brought into the English limits (chambers), and Englishmen were aboard the taker, he dealt with them as having offended against his proclamation, and also released the ship as not being good prize. Even more, proceeds the Earl, “although there be no English but all Flemings, the king takes all from them and restores it [the ship] wherein, tho’ in effect it undoes the end of the States warr by sea, because they have no way to come home but by the narrow seas, where the least wind that can blow them can hardly keepe themself from the English coasts, and so a partiall jugement of ½ a mile more or less in a wyde sea looseth or winneth their right.”State Papers, Dom., xviii. 22.646In 1604, between King James and Philip III. and the Archdukes. DumontCorps Diplomatique, V. ii. 34.647“Etiam non nocet, quod objicitur et longe antehac longo usu servatos in hujusmodi quæstionibus hos esse fines qui expressi nunc sunt Edicto,” p. 30.648Gryphiander,De Insulis Tractatus, Frankfort, 1623, cap. 14, s. 46.649Moore,A History of the Foreshore and the Law relating thereto, 1888.650“Arguments prooving the Queenes Matiespropertye in the Sea Landes, and salt shores thereof, and that no subiect cann lawfully hould eny parte thereof but by the Kinges especiall graunte.” It is printed by Moore (op. cit., 185) fromLansdowne MSS., No. 100. Various copies exist; one inLansd. MSS., No. 105, belonged to Lord Burghley, and is endorsed by him “Mr Digges. The Case of Lands left by ye Seas.” A copy is inState Papers, Dom., cccxxxix. 1.651It may be said that this claim to “royal fish,” made also by Bracton, was not peculiar to the English crown. It was made on the Continent from an early period, as is shown by the ancient laws of Jutland and of Scania, and the practice in many parts of France and among the Normans. It may have been introduced into England by William the Conqueror, who granted Dengey Marsh to Battle Abbey, with the right to wreck and royal fish.652The Reading of the famous and learned Robert Callis, Esqr., upon the Statute of Sewers, 23 Hen. VIII., c. 5, as it was delivered by him at Gray’s Inn in August 1622. 4th ed., 1824.653Such as “A Collection of divers particulars touching the King’s Dominion and Soveraignty in the Fishings, as well in Scotland as in the British Ocean,” by Captain John Mason. (State Papers, Dom., 1590.Admiralty, Eliz., Jac. I., Car. I., No. 37, fol. 131.) A superior compilation, dealing with the opinions of the Civilians, as well as with the Dutch and native fisheries, and founded largely on Dee, Hitchcock, Gentleman, and Keymer, is entitled “The King’s Interest in the Sea and the Commodities thereof” (ibid., ccv. 92). Another treatise, also dealing with the opinions of the Civilians, the jurisdiction of the Admiral, and the rights of the crown of England to the dominion of the narrow seas, is inState Papers, Dom., ccviii., No. x., fol. 402.654The original Latin copy bearing the date 1633 (confirmed by internal evidence) is in the British Museum (Harleian MSS., 4314). It is entitledDominium Maris Britannici assertum ex Archiuis Historiis et Municipalibus Regni Legibus, per D. Johannem de Burgo, 1633; it is dedicated to the king. Other MS. copies in the British Museum areHarl., 1323;Lansdowne, 806, f. 40;Sloane, 1696; andHarl., 4626, the latter being very imperfect. There is also a fine copy in English among the State Papers, dated 1637, with this addition to the title: “Also a Perticuler Relation concerning the Inastimable Riches and Commodities of the British Seas” (State Papers, Dom., ccclxxvi. 68). It was republished in the third edition of Malyne’sConsuetudo vel Lex Mercatoria, in 1686.655Mare Clausum, in dedication to King Charles, “Divi parentis tui jussu tentata olim adumbrataque, inter schedas sive neglectas sive disjectas per annos amplius sedecim mecum latuit; ut imperfecta nimis sic etiam ceu intermortua.”656Vindiciæ Maris Clausi, p. 25. This was the explanation which Selden gave when, in 1652, he was taunted by a Dutch writer, Graswinckel, with having written his work to get out of prison. It is surprising that James, who was loquacious and fond of displaying his knowledge, never lectured the Dutch ambassadors on the themes inMare Clausum—as from the rolls of the Edwards; nor was any use made of its facts and arguments throughout the protracted negotiations in his reign.657A Proclamation concerning a book intituledMare Clausum, 15th April 1636.Fœdera, xx. 12.658State Papers, Dom., cclxxiii. 30; cclxxvi. 58.659Gardiner,Hist., vii. 330. Poor Prynne, who lost both his ears on this occasion, and had his books burned under him in the pillory, became later an ardent defender of the king’s dominion in the seas in the reign of Charles II., when he held the office of Keeper of the Records.660State Papers, Dom., cclxxvi. 58; cclxxxiii. 96-98.661Brit. Mus. Add. MSS., 17,677, O, fol. 367. Joachimi to the States-General, 5/15 Aug. 1635. “Het boeck Seldeni getituleert, soo ich hoore,mare clausum, is onder den druck deur ordre van den Coningh.”662Joannis Seldeni Mare Clausum seu de Dominio Maris, Libri Duo.Primo, Mare, exJure Naturæ seu Gentium, omnium hominum non esse Commune, sed Dominii privata seu Proprietatis capax, pariter ac Tellurem, esse demonstratur.Secundo, Serenissimum Magnæ Britanniæ Regem Maris circumflui, ut individuæ atque perpetuæ Imperii Britannici appendicis, Dominum esse, asseritur. Pontus quoque Serviet Illi. Londini, excudebat Will. Stanesbeius, pro Richardo Meighen, MDCXXXV. The Preface is dated at the Temple, 4th November 1635.663Vindiciæ, “proceres apud regem præpollentes.”664Proclamation, 15th April 1636.665Rushworth,Historical Collections, ii. 320. Frankland,The Annals of King James and King Charles the First, 476. In the Exchequer Order Book, under date 5th May, the following entry occurs: “Whereas SrWilliam Beecher, Kt, one of the clerks of his Matsmost honorable pryvy councill, did this daye deliver in Court to the Lord Treasurer, Chauncillor, and Barons of the Courte, a booke lately published by John Selden, Esqr., entituledMare Clausum seu de dominio maris, to be kept in this Courte as a faithfull and stronge evidence for the undoubted right of the Crowne of England to the Dominion of the Bryttishe seas, which saide booke the said Clerke of the Councill did deliver according to an order in that behalfe made by the King’s most excellent Matieand the Lords of His Highness privy councell at Whitehall, the third of Aprill last past, a coppie of which said order is alsoe delivered with the said booke: It is, therefore, nowe ordered by the said Lord Treasurer, Chauncillor, and Barons that the said booke bee receaved by his MatiesRemembrancer of this Courte, and by him kypt of record amonge the Records of the Courte as his Matiesevidence. And as well the said order of the third of Aprill before mentioned as this present order to bee inrolled upon Record.”Charles I. Decrees and Orders, Series iii., No. 19, fol. 3b.666Besides the Romans and the Carthaginians, he mentions as among these the Cretans, Lydians, Thracians, Phœnicians, Egyptians, Lacedemonians, and a great many more; but in most cases the evidence adduced shows merely that naval power was exercised.667Lib. i. cap. xvii.668Lib. i. cap. xx. “Quod ad genus primum attinet (commerce, travelling, navigation); humanitatis quidem officia exigunt, ut hospitio excipiantur peregrini etiam ut innoxius non negetur transitus.”669Lib. i. cap. xxii. “Sed vero ex aliorum piscatione, navigatione, commerciis ipsum mare deterius Domino cæterisque ejus jure gaudentibus fieri non raro videmus. Scilicet minui, quod alias inde percipi posset, commodum. Quod manifestius cernitur in marium usu, quorum fructus sunt uniones, corallium, id genus cætera. Etiam minuitur in horas marium hujusmodi abundantia, non aliter ac sive metalli fodinarum ac lapicidinarum, sive hortorum, quando fructus eorum auferuntur.... Et similis sane ratio qualiscunque piscationis.”670Lib. ii. cap. xiii.671(1)Ioannis Seldeni Mare Clavsvm sev de Dominio Maris Libris Dvo. Quorum argumentum paginâ versâ.Juxta exemplar Londinense. Will. Stanesbeii pro Richardo Meighen, CIƆ IƆc xxxvi. (12o); (2) with the same title and the following addition:Accedunt Marci Zverii Boxhornii Apologia pro navigationibus Hollandorum adversus Pontvm Hevtervm et Tractatvs Mvtvi commercii et navigationis inter Henricvm VII. Regem Angliæ et Philippvm Archidvcem Austriæ. Londini, juxta exemplar Will. Stanesbeii pro Richardo Meighen, MDCxxxvi. (8o); (3) with the title as in the original London edition, and Lvgdvni Batavorvm apud Joannem et Theodorvm Maire, 1636 (4o). The original London edition was a small folio. In all the Dutch editions the plates are badly copied. No. 1 is sometimes referred to by English writers as the original edition. No. 2 is the one alluded to by Charles in his proclamation of 15th April 1636.672Resol. Holl., 11/21 Dec. 1635. Quoted by Arendt,Algemeene Geschiedenis des Vaderlands, iii., stuck 5, p. 8.673Resol. Holl., (31 March)/(10 April) 1636. Muller,Mare Clausum, 283.674“Ego, cum Suecia,” he wrote to his brother on January 14, 1636, “multum teneat oræ maritimæ, quid aliud præstare possum quam silentium?” Grotii,Epistolæ, 864.675Digby to Lord Conway, January 21/31, 1636.State Papers, Dom., cccxliv. 58.676The treatise was entitled,Th. Graswinckelii, Jurisc. Delph. Maris Liberi Vindiciæ adv. virum clarissimum Johannem Seldenum. Arendt,loc. cit.; Muller,loc. cit.Goffe, writing from Holland to Archbishop Laud on 2nd February 1637, stated that the book in answer to Selden’sMare Clausumwas “ready to come forth, and the author is neither so modest nor discreet that the Elector should trust him with any written assurance in that kind,”—that Charles would not interrupt the Dutch fishery that year (State Papers, Dom., cccxlvi. 23). We shall again find Graswinckel in the thick of the controversy during the first Dutch war, p. 411.677Joh. Isacii Pontani Discvssionvm Historicarvm Libri Duo, quibus præcipuè quatenus et quodnam mare liberum vel non liberum clausumque accipiendum dispicitur expenditurque, &c., Harderwick, 1637.678Jacobi Gothofredi De Imperio Maris, in Hagemeier,De Imperio Maris Variorum Dissertationes.679Mare Balticum(anon.), 1638;Ante-Mare Balticum, scilicet, an ad Reges Daniæ, an ad Reges Poloniæ, pertineat(anon.), 1639; Azuni,Systema dei Principii del Diritto Maritimo.680The Case of Ship-Money briefly discussed, according to the Grounds of Law, Policy, and Conscience. Presented to the Parliament, November 3, 1640. Stubbe,A Further Justification of the Present War against the United Netherlands, 76.681Gardiner,Hist. Engl., x. 208. Clarendon, iii. 113.682Rushworth,Collections, v. 312.683Penn,Memorials of the Professional Life and Times of Sir William Penn, Knt., from 1640 to 1670, i. 224.684State Papers, Dom., dxv. i. 37, 38, 39. There is also in one of the collections a quotation from Selden’sMare Clausum, that it was treason not to acknowledge the King of England’s dominion in his own seas by striking sails.685Instructions given by the Committee of Lords and Commons for the Admiralty and Cinque Ports, to be observed by all captains, officers, and common men respectively in this fleet, provided to the glory of God, the honour and service of the Parliament, and the safety of the three Kingdoms, March 30, 1647.Ibid., dxv. 40.686Rushworth’sCollections; Penn,op. cit., i. 242.687Loccenius,De Jure Maritimo, x. s. 10.688State Papers, Dom., 27th Feb. 1649.68917th January 1650.A Collection of the State Papers of John Thurloe, i. 134.690Penn,Memorials, i. 365, 379.691Geddes,History of the Administration of John de Witt, i. 102, 106, 150-157. Gardiner,History of the Commonwealth and Protectorate, i. 353, 356.692Geddes,op. cit., 157, 159, 165. Gardiner,op. cit., 359.The Nicholas Papers, i. 230.693“Wee doe tender the ffriendshipp of the Com̃onwealth of England unto the High and Mighty Lords the States Generall of the Vnited Provinces, and doe propound that the Amitye, and good Correspondency which hath aunciently beene betweene the English Nation and the Vnited Provinces, be not only renewed, and preserved inviolably, But that a more strict, and intimate Allyance, and Vnion, be entred into by them, whereby there may be a more intrinsicall, and mutuall interest of each in other then hath hitherto beene for the good of both.” Submitted 25 March/6 April. “A briefe Narrative of the Treatie at the Hague betweene the honobleOliver St John, Lord Chiefe Justice of the Court of Com̃on Pleas, and Walter Strickland, Esq., Embassadorsextraordinary of the Parliament of the Com̃onwealth of England, to the great Assembly of the States Generall of the Vnited Provinces begun upon the 20th of March 1651 and continued vntill the 20th of June 1651 and then broke ofre infectâ.”State Papers, Foreign, Treaty Papers (Holland), No. 46, 1651.694“We propound, That the two Com̄onwealths may be confederated friends, ioyned, and allyed togeather for the defence and Preservation of the Libertyes, and ffredomes of the people of each, against all whomsoever that shall attempt the disturbance of either State, by Sea or Land, or be declared enemyes to the freedome and Libertie of the people liveing under either of the said Governments.” Submitted, 17th April.Ibid., p. 7.695Narrative of the Ambassadors(ibid.) Geddes,op. cit., 157, 159, 165, 171. Gardiner,op. cit., 359, 362, 363. Tideman,De Zee Betwist: Geschiedenis der Onderhandelingen over de Zeeheerschappij tusschen de Engelsche Republiek en de Vereenigde Provinciën vóór den ersten Zee-Oorlog, 39-47. Thurloe’sCollections, i. 176, 179, 181-186, 188, 193. Aitzema,Saken van Staet en Oorlogh, 657-660.696SeeAppendix K.Narrative of the Ambassadors, p. 23. Aitzema,op. cit., iii. 698-700. MS. of Duke of Portland inHist. MSS. Com. Thirteenth Report, App. I., 605. Tideman,op. cit., 47, 48, 49. Geddesop. cit.178.697Articles 17-33,Narrative of the Ambassadors. These articles are given inAppendix K. Tideman,op. cit., 50. Aitzema,op. cit., iii. 695.698“Over het strijken van vlaggen ende andere Ceremonieën daeruyt meenichmael differentien in zee coomen te ontstaen.”Resol. der Groote Vergadering, 15/25 May 1651. Tideman,op. cit., 52.699St John and Strickland left The Hague on 20th June, and the Act was recommended to the Parliament by the Council of State on 5th August, and passed on 9th October (Gardiner,op. cit., ii. 82). The essence of the Act was to prohibit the importation of extra-European commodities into any territory of the Commonwealth except in English vessels, or from Europe unless in English vessels or vessels belonging to the country in which the commodities were manufactured or produced. The importation of salt-fish or fish-oil, and the exportation of salted fish, were to be permitted only in English vessels, but the importation of fresh fish was not forbidden. Early in the next year two Dutch doggers, driven into Yarmouth by contrary winds, exposed their cod and haddocks for sale and were seized by the bailiffs; their release was ordered by the Council of State.700Geddes,op. cit., 192, 193. Tideman,op. cit., 89, 96. Gardiner,op. cit., ii. 108. Gardiner,Letters and Papers relating to the First Dutch War, 1653-1654, Navy Records Society. In the third volume (1906) of this valuable work the papers are brought down to 10th February 1653.701Tideman,op. cit., 96. Aitzema,op. cit., iii. 696.702They were Whitelocke, John Lisle, Bond, Scott, Viscount Lisle, and Purefoy.703Cats’Verbael. Tideman, 94-108. Geddes, 198.704The conferences on the articles were on 3rd, 5th, 6th, 10th, and 13th May. The incorporation and union of Scotland with England was proclaimed at Edinburgh on the 21st of the preceding month.705Cats’Verbael,App., 21. Tideman,op. cit., 117.706“De dispuyte over ’t recht hetwelck de Engelsche pretenderen privative over eenigh ghedeelte van de Zee te hebben, ende in allen ghevalle aan deselve geen soodanigh recht in eenigher wijse toe te staen, ende alleen te handelen over de vryheijdt ende seeckerheijdt van wederzijts visscherije.” Tideman,op. cit., 119. Aitzema,op. cit., iii. 708.707Cats’Verbael. Tideman, 118.708Aitzema, iii. 713. Tideman, 124, 130, 132. The draft instructions were dated (April 30)/(May 10), and were approved on May 6/16. A translation of the 7th Article is as follows :“The superior officers and captains either already in command of the aforesaid squadrons or hereafter appointed, are to be charged to free the ships of this country from all search by any one whatever, and to defend them against all who try to do them injury, and to release them to the uttermost of their power from every one who may have captured them, and further to do whatever their ordinary instructions in their commission requires in a sailor-like fashion for the service of the country.” By the 5th Article, fifteen men-of-war were to be sent for the protection of the “great” (herring) fishery, “which is of so great importance to the State,” along with the ordinary national convoy-ships, and the ships which the towns of Enkhuizen, Delft, Rotterdam, and Schiedam were accustomed to add. Gardiner,Letters and Papers, i. 155.709Tromp’s memorandum was dated (28 Feb.)/(9 March), 1651. The original is apparently lost (Tideman,De Zee Betwist, 68); but an account of it is given by his contemporary, Aitzema (iii. 731), and is printed inAppendix L. Tromp, in hisRescriptof 14/24 October 1652, justifying and explaining his conduct with regard to the meeting with Blake, refers to a memorandum on the subject of the flag which he presented to a committee of the States on “Jan. 6/16, 1650/1651,” and which they considered in arranging his instructions of “(Feb. 21)/(March 3), 1650/1651” (Gardiner,Letters and Papers, i. 422). The dates here are those given by Tideman.710“Sonderlinge de swackste sijnde.”711Tideman,op. cit., 68.Resol. Holl., 1/11 March 1651.712Hollantsche Mercurius, April 1651, p. 49: “Seer jalours, omdat hij niet terstond gereedt was voor haar te strijcken.”713Resol. St. Gen., 7/17, 12/22 Oct. 1651. Aitzema, iii. 731. Tideman, 68, 92.714Add. MSS. Brit. Mus., 11,684, fol. 30.715Bourne’s letter inThe Answer of the Parliament of the Commonwealth of England to three Papers delivered to the Council of State by the Lords Ambassadors Extraordinary of the States-General of the United Provinces: and also aNarrative of the Late Engagement, &c.,Brit. Mus., (517, k, 15)/(36), p. 12.716Letter to States-General, May 30.Hollantsche Mercurius, May 1652.The Answer of the Parliament.Geddes, 209. Tideman, 130.717Blake’s letter,The Answer of the Parliament, p. 8.

620Cap. v. “Similiter reditus qui in piscationes maritimas constituti Regalium numero censenter, non rem, hoc est mare, aut piscationem, sed personas non obligant. Quare subditi, in quos legem ferendi potestas Reipublicæ aut Principi ex consensu competit, ad onera ista compelli forte poterunt: sed exteris jus piscandi ubique immune esse debet, ne servitus imponatur mari quod servire non potest.... Quod in aliis difficile videtur, in hac omnino fieri non potest: quod in aliis iniquum judicamus, in hac summe barbarum est, atque inhumanum.... In tanto mari si quis usu promiscuo solum sibi imperium et ditionem exciperet, tamen immodicæ dominationis affectator haberetur: si quis piscatu arceret alios, insanæ cupiditatis notam non effugeret.”

621Not improbably James hadMare Liberumin view in the following sentence in his Proclamation of 1609: “Finding that our connivance therein hath not only given occasion of over great encroachment upon our regalities, or rather questioning for our right.” That it was believed in England that Grotius had James in view is shown by the followingpréciscontained in the volume of official records prepared for the ambassadors to the Congress at Cologne in 1673: “K. James coming in, the Dutch put outMare Liberum, made as if aimed at mortifying the Spaniards’ usurpation in the W. and E. Indyes, but indeed at England. K. James resents it, bids his AmbrSrD. Carleton complaine of it.”State Papers, Dom., cccxxxix. p. 99. Chas. II., 1673-75.

622Cap. v. p. 29. “In hoc autem Oceano non de sinu aut fretu, nec de omni quidem eo quod e littore conspici potest controversia est. Vindicant sibi Lusitani quicquid duos Orbes interjacet.”

623Cap. vii.

624Hvgonis Grotii De Ivre Belli ac Pacis, Libri Tres.

625Lib. ii. cap. ii. s. iii. 1, 2.

626Lib. ii. cap. iii. s. viii. “Ad hoc exemplum videtur et mare occupari potuisse ab eo qui terras ad latus utrumque possideat, etiamsi aut supra pateat ut sinus, aut supra et infra ut fretum, dummodo non ita magna sit pars maris ut non cum terris comparata portio earum videri possit. Et quod uni populo aut Regi licet, idem licere videtur et duobus aut tribus, si pariter mare intersitum occupare voluerint, nam sic flumina quæ duos populos interluunt ab utroque occupata sunt, ac deinde divisa.”

627Lib. ii. cap. iii. ss. ix.-xii.

628Lib. ii. cap. iii. s. xiii. 2. “Videtur autem imperium in maris portionem eadem ratione acquiri qua imperia alia, id est, ut supra diximus, ratione personarum et ratione territorii. Ratione personarum, ut si classis, qui maritimus est exercitus, aliquo in loco maris se habeat: ratione territorii, quatenus ex terra cogi possunt qui in proxima maris parte versantur, nec minus quam si in ipsa terra reperirentur.”

629Calvo,Le Droit Internat., i. 348; Ortolan,Règles Internationales et Diplomatie de la Mer, i. c. v.See p. 156referring to a State Paper of 1610, which seems to be misdated “August 1609.”

630Dumont,Corps Diplomatique, vol. V. ii. p. 99. The treaty was signed on (30 March)/(9 April) 1609.

631Defensio, 332 (circa1614); Letter to his brother, 1st April 1617.Epistolæ, 759.

632De Justo Imperio Lusitanorum Asiatico adversus Grotii Mare Liberum.

633Ivlii Pacii De Dominio Maris Hadriatici Disceptatio, Lvgdvni M.D.C.XIX. Other works were Angelus Mattheacius,De Jure Venetorum et Jurisdictione Maris Adriatici, Venezia, 1617; Cornelio Francipane,Alegazion in Jure, per il Dominio, della Republica Veneta, del suo Golfo, contra alcune Scritture di Napolitani, 1618; Franciscus de Ingenuis,Epistola de Jurisdictione Venetæ Reipublicæ in Mare Adriaticum, 1619; P. Zambono,Del Dominio del Mare Adriatico overo Golfo di Venezia, Venice, 1620.

634M’Crie,Life of Andrew Melville, 206, &c. Selden describes him asJurisconsultus Scotus; and Prynne “A Scot, Professor of the Civil Law” (Animadversions, 113).

635There is a copy in the Library of the University, Cambridge (Aldis,A List of Books printed in Scotland before 1700; Dickson and Edmond,Annals of Scottish Printing, 415), and I have found a MS. copy among the State Papers, entitled “The Sea Law of Scotland, shortly gathered and plainly dressed for the ready use of all seafaring men. Dedicated to James VI. of Scotland by William Welvod. At Edinborough, Ao1590, by Robert Walgrave.” (State Papers, Dom., Jas. I., ccviii. No. xvi.) It was printed at Edinburgh by Waldegrave in 1590. There are fifteen chapters dealing with the freighting of ships, the powers and duties of the master, the relations between the master and the merchants, &c. In his preface to theAbridgement, Welwood refers to this earlier work as follows: “It pleased your M. some yeeres past most graciously to accept of this birth, in the great weaknes and infancie thereof. Therefore it is, that now being strong, and by all warrants inarmed, it most thankefully returnes, offring seruice to your M. euen for all the coasts of your Highnes dominions, vpon hope to merit your former grace.” His last work is dated 1622. It is probable that, like so many of his countrymen, he followed King James to London, where all his later works were published. He was of an ingenious mind, and, while teaching mathematics at St Andrews, obtained a patent for a new mode of raising water from wells, &c., on the principle of the syphon. M’Crie,op. cit.

636An Abridgement of all Sea-Lawes, gathered forth of all Writings and Monuments, which are to be found among any people or Nation upon the coasts of the greate Ocean and Mediterranean Sea: And specially ordered and disposed for the use and benefit of all benevolent Sea-farers, within his Maiesties Dominions of GreatBritanne, Ireland, and the adiacent Isles thereof.London, 1613. Tit. xxvii. deals with the “community” of seas. He refers to the work of Grotius as “a verie learned, but a subtle Treatise (incerto authore) intituledMare Liberum.” Welwood’sAbridgementwas republished in 1636, without alteration; also in the edition of 1686 of Malyne’sConsuetudo vel Lex Mercatoria, but without his name.

637De Dominio Maris Ivribvsque ad Dominivm praecipve spectantibvs Assertio brevis et methodica.Cosmopoli, 16th January 1615. It was republished at The Hague in 1653, and replied to by Graswinckel.See p. 412.

638In Roman law a distinction was made between the sea and rivers in regard to propriety. The sea is “communis omnium naturali jure,” but the rivers are “publicæ res, quarum proprietas est populi vel reipublicæ.”

639Welwood’sDe Dominio Marisis not mentioned by Grotius, whose tract appears to have been written before it was published.

640Jus Feudale, Tribus Libris Comprehensum, lib. i., Diegesis 13, p. 103. Edinburgh, 1603 and 1655. The treatise was dedicated to King James. Craig was born in 1538 and died in 1608.

641“Quod ad mare attinet, licet adhuc ita omnium commune sit, ut in eo navigari possit. Proprietas tamen ejus ad eos pertinere hodie creditur, ad quos proximus continens adeo ut mare Gallicum id dicatur quod littus Galliæ alluit, aut ei propius est, quam ulli alii continenti. Sic Anglicum, Scoticum, et Hybernicum, quod propius Angliæ, Scotiæ, et Hyberniæ est. Ita ut reges inter se, quasi maria omnia diviserint, et quasi ex mutua partitione alterius id mare censeatur, quod alteri propinquius et commodius est; in quo si delictum aliquod commisum fuerit, ejus sit, jurisdictio qui proximum continentem possideat. Isque suum illud mare vocat.... Piscationes vero quæ in proximo mari fiunt, proculdubio eorum sunt qui proximum continentem possident. Itaque non sine summa injuria nostra Belgæ circa nostras insulas piscantur. Nam licet piscationes in mari non prohibeantur, tamen et hæ præscribuntur, et traduntur permissæ aut prohibitæ secundum consuetudinem.”

642The Maintenance of Free Trade, p. 42et seq. Consuetudo vel Lex Mercatoria.The latter contains chapters on Navigation and Community of Seas, and The Distinct Dominions of the Seas. Many editions were published.

643Wheaton,Hist., 51, 153; Phillimore,Commentaries, I. xxxix.

644Alberici Gentilis Juriscons. Hispanicæ Advocationis, Libri Duo, Hanoviæ, 1613. Gentilis was born in 1551 and died, like Craig, in 1608. His most important works wereDe Jure Belli(1588) andDe Legationibus. Professor Holland has given an account of his life and works inAn Inaugural Lecture on Albericus Gentilis, delivered at All Souls College, 1874. See also Alessandro de Giorgi,Della Vita e delle opere di Alberico Gentili, Parma, 1876.

645In a letter from the Earl of Salisbury to Sir Thomas Lake in 1606, referring to a dispute between the Dutch and Spanish ambassadors about prizes taken in the Narrow Sea, it is said that the king, in putting in force his proclamation about the recall of subjects in foreign service (p. 119), dealt as follows: if a prize had been taken and brought into the English limits (chambers), and Englishmen were aboard the taker, he dealt with them as having offended against his proclamation, and also released the ship as not being good prize. Even more, proceeds the Earl, “although there be no English but all Flemings, the king takes all from them and restores it [the ship] wherein, tho’ in effect it undoes the end of the States warr by sea, because they have no way to come home but by the narrow seas, where the least wind that can blow them can hardly keepe themself from the English coasts, and so a partiall jugement of ½ a mile more or less in a wyde sea looseth or winneth their right.”State Papers, Dom., xviii. 22.

646In 1604, between King James and Philip III. and the Archdukes. DumontCorps Diplomatique, V. ii. 34.

647“Etiam non nocet, quod objicitur et longe antehac longo usu servatos in hujusmodi quæstionibus hos esse fines qui expressi nunc sunt Edicto,” p. 30.

648Gryphiander,De Insulis Tractatus, Frankfort, 1623, cap. 14, s. 46.

649Moore,A History of the Foreshore and the Law relating thereto, 1888.

650“Arguments prooving the Queenes Matiespropertye in the Sea Landes, and salt shores thereof, and that no subiect cann lawfully hould eny parte thereof but by the Kinges especiall graunte.” It is printed by Moore (op. cit., 185) fromLansdowne MSS., No. 100. Various copies exist; one inLansd. MSS., No. 105, belonged to Lord Burghley, and is endorsed by him “Mr Digges. The Case of Lands left by ye Seas.” A copy is inState Papers, Dom., cccxxxix. 1.

651It may be said that this claim to “royal fish,” made also by Bracton, was not peculiar to the English crown. It was made on the Continent from an early period, as is shown by the ancient laws of Jutland and of Scania, and the practice in many parts of France and among the Normans. It may have been introduced into England by William the Conqueror, who granted Dengey Marsh to Battle Abbey, with the right to wreck and royal fish.

652The Reading of the famous and learned Robert Callis, Esqr., upon the Statute of Sewers, 23 Hen. VIII., c. 5, as it was delivered by him at Gray’s Inn in August 1622. 4th ed., 1824.

653Such as “A Collection of divers particulars touching the King’s Dominion and Soveraignty in the Fishings, as well in Scotland as in the British Ocean,” by Captain John Mason. (State Papers, Dom., 1590.Admiralty, Eliz., Jac. I., Car. I., No. 37, fol. 131.) A superior compilation, dealing with the opinions of the Civilians, as well as with the Dutch and native fisheries, and founded largely on Dee, Hitchcock, Gentleman, and Keymer, is entitled “The King’s Interest in the Sea and the Commodities thereof” (ibid., ccv. 92). Another treatise, also dealing with the opinions of the Civilians, the jurisdiction of the Admiral, and the rights of the crown of England to the dominion of the narrow seas, is inState Papers, Dom., ccviii., No. x., fol. 402.

654The original Latin copy bearing the date 1633 (confirmed by internal evidence) is in the British Museum (Harleian MSS., 4314). It is entitledDominium Maris Britannici assertum ex Archiuis Historiis et Municipalibus Regni Legibus, per D. Johannem de Burgo, 1633; it is dedicated to the king. Other MS. copies in the British Museum areHarl., 1323;Lansdowne, 806, f. 40;Sloane, 1696; andHarl., 4626, the latter being very imperfect. There is also a fine copy in English among the State Papers, dated 1637, with this addition to the title: “Also a Perticuler Relation concerning the Inastimable Riches and Commodities of the British Seas” (State Papers, Dom., ccclxxvi. 68). It was republished in the third edition of Malyne’sConsuetudo vel Lex Mercatoria, in 1686.

655Mare Clausum, in dedication to King Charles, “Divi parentis tui jussu tentata olim adumbrataque, inter schedas sive neglectas sive disjectas per annos amplius sedecim mecum latuit; ut imperfecta nimis sic etiam ceu intermortua.”

656Vindiciæ Maris Clausi, p. 25. This was the explanation which Selden gave when, in 1652, he was taunted by a Dutch writer, Graswinckel, with having written his work to get out of prison. It is surprising that James, who was loquacious and fond of displaying his knowledge, never lectured the Dutch ambassadors on the themes inMare Clausum—as from the rolls of the Edwards; nor was any use made of its facts and arguments throughout the protracted negotiations in his reign.

657A Proclamation concerning a book intituledMare Clausum, 15th April 1636.Fœdera, xx. 12.

658State Papers, Dom., cclxxiii. 30; cclxxvi. 58.

659Gardiner,Hist., vii. 330. Poor Prynne, who lost both his ears on this occasion, and had his books burned under him in the pillory, became later an ardent defender of the king’s dominion in the seas in the reign of Charles II., when he held the office of Keeper of the Records.

660State Papers, Dom., cclxxvi. 58; cclxxxiii. 96-98.

661Brit. Mus. Add. MSS., 17,677, O, fol. 367. Joachimi to the States-General, 5/15 Aug. 1635. “Het boeck Seldeni getituleert, soo ich hoore,mare clausum, is onder den druck deur ordre van den Coningh.”

662Joannis Seldeni Mare Clausum seu de Dominio Maris, Libri Duo.Primo, Mare, exJure Naturæ seu Gentium, omnium hominum non esse Commune, sed Dominii privata seu Proprietatis capax, pariter ac Tellurem, esse demonstratur.Secundo, Serenissimum Magnæ Britanniæ Regem Maris circumflui, ut individuæ atque perpetuæ Imperii Britannici appendicis, Dominum esse, asseritur. Pontus quoque Serviet Illi. Londini, excudebat Will. Stanesbeius, pro Richardo Meighen, MDCXXXV. The Preface is dated at the Temple, 4th November 1635.

663Vindiciæ, “proceres apud regem præpollentes.”

664Proclamation, 15th April 1636.

665Rushworth,Historical Collections, ii. 320. Frankland,The Annals of King James and King Charles the First, 476. In the Exchequer Order Book, under date 5th May, the following entry occurs: “Whereas SrWilliam Beecher, Kt, one of the clerks of his Matsmost honorable pryvy councill, did this daye deliver in Court to the Lord Treasurer, Chauncillor, and Barons of the Courte, a booke lately published by John Selden, Esqr., entituledMare Clausum seu de dominio maris, to be kept in this Courte as a faithfull and stronge evidence for the undoubted right of the Crowne of England to the Dominion of the Bryttishe seas, which saide booke the said Clerke of the Councill did deliver according to an order in that behalfe made by the King’s most excellent Matieand the Lords of His Highness privy councell at Whitehall, the third of Aprill last past, a coppie of which said order is alsoe delivered with the said booke: It is, therefore, nowe ordered by the said Lord Treasurer, Chauncillor, and Barons that the said booke bee receaved by his MatiesRemembrancer of this Courte, and by him kypt of record amonge the Records of the Courte as his Matiesevidence. And as well the said order of the third of Aprill before mentioned as this present order to bee inrolled upon Record.”Charles I. Decrees and Orders, Series iii., No. 19, fol. 3b.

666Besides the Romans and the Carthaginians, he mentions as among these the Cretans, Lydians, Thracians, Phœnicians, Egyptians, Lacedemonians, and a great many more; but in most cases the evidence adduced shows merely that naval power was exercised.

667Lib. i. cap. xvii.

668Lib. i. cap. xx. “Quod ad genus primum attinet (commerce, travelling, navigation); humanitatis quidem officia exigunt, ut hospitio excipiantur peregrini etiam ut innoxius non negetur transitus.”

669Lib. i. cap. xxii. “Sed vero ex aliorum piscatione, navigatione, commerciis ipsum mare deterius Domino cæterisque ejus jure gaudentibus fieri non raro videmus. Scilicet minui, quod alias inde percipi posset, commodum. Quod manifestius cernitur in marium usu, quorum fructus sunt uniones, corallium, id genus cætera. Etiam minuitur in horas marium hujusmodi abundantia, non aliter ac sive metalli fodinarum ac lapicidinarum, sive hortorum, quando fructus eorum auferuntur.... Et similis sane ratio qualiscunque piscationis.”

670Lib. ii. cap. xiii.

671(1)Ioannis Seldeni Mare Clavsvm sev de Dominio Maris Libris Dvo. Quorum argumentum paginâ versâ.Juxta exemplar Londinense. Will. Stanesbeii pro Richardo Meighen, CIƆ IƆc xxxvi. (12o); (2) with the same title and the following addition:Accedunt Marci Zverii Boxhornii Apologia pro navigationibus Hollandorum adversus Pontvm Hevtervm et Tractatvs Mvtvi commercii et navigationis inter Henricvm VII. Regem Angliæ et Philippvm Archidvcem Austriæ. Londini, juxta exemplar Will. Stanesbeii pro Richardo Meighen, MDCxxxvi. (8o); (3) with the title as in the original London edition, and Lvgdvni Batavorvm apud Joannem et Theodorvm Maire, 1636 (4o). The original London edition was a small folio. In all the Dutch editions the plates are badly copied. No. 1 is sometimes referred to by English writers as the original edition. No. 2 is the one alluded to by Charles in his proclamation of 15th April 1636.

672Resol. Holl., 11/21 Dec. 1635. Quoted by Arendt,Algemeene Geschiedenis des Vaderlands, iii., stuck 5, p. 8.

673Resol. Holl., (31 March)/(10 April) 1636. Muller,Mare Clausum, 283.

674“Ego, cum Suecia,” he wrote to his brother on January 14, 1636, “multum teneat oræ maritimæ, quid aliud præstare possum quam silentium?” Grotii,Epistolæ, 864.

675Digby to Lord Conway, January 21/31, 1636.State Papers, Dom., cccxliv. 58.

676The treatise was entitled,Th. Graswinckelii, Jurisc. Delph. Maris Liberi Vindiciæ adv. virum clarissimum Johannem Seldenum. Arendt,loc. cit.; Muller,loc. cit.Goffe, writing from Holland to Archbishop Laud on 2nd February 1637, stated that the book in answer to Selden’sMare Clausumwas “ready to come forth, and the author is neither so modest nor discreet that the Elector should trust him with any written assurance in that kind,”—that Charles would not interrupt the Dutch fishery that year (State Papers, Dom., cccxlvi. 23). We shall again find Graswinckel in the thick of the controversy during the first Dutch war, p. 411.

677Joh. Isacii Pontani Discvssionvm Historicarvm Libri Duo, quibus præcipuè quatenus et quodnam mare liberum vel non liberum clausumque accipiendum dispicitur expenditurque, &c., Harderwick, 1637.

678Jacobi Gothofredi De Imperio Maris, in Hagemeier,De Imperio Maris Variorum Dissertationes.

679Mare Balticum(anon.), 1638;Ante-Mare Balticum, scilicet, an ad Reges Daniæ, an ad Reges Poloniæ, pertineat(anon.), 1639; Azuni,Systema dei Principii del Diritto Maritimo.

680The Case of Ship-Money briefly discussed, according to the Grounds of Law, Policy, and Conscience. Presented to the Parliament, November 3, 1640. Stubbe,A Further Justification of the Present War against the United Netherlands, 76.

681Gardiner,Hist. Engl., x. 208. Clarendon, iii. 113.

682Rushworth,Collections, v. 312.

683Penn,Memorials of the Professional Life and Times of Sir William Penn, Knt., from 1640 to 1670, i. 224.

684State Papers, Dom., dxv. i. 37, 38, 39. There is also in one of the collections a quotation from Selden’sMare Clausum, that it was treason not to acknowledge the King of England’s dominion in his own seas by striking sails.

685Instructions given by the Committee of Lords and Commons for the Admiralty and Cinque Ports, to be observed by all captains, officers, and common men respectively in this fleet, provided to the glory of God, the honour and service of the Parliament, and the safety of the three Kingdoms, March 30, 1647.Ibid., dxv. 40.

686Rushworth’sCollections; Penn,op. cit., i. 242.

687Loccenius,De Jure Maritimo, x. s. 10.

688State Papers, Dom., 27th Feb. 1649.

68917th January 1650.A Collection of the State Papers of John Thurloe, i. 134.

690Penn,Memorials, i. 365, 379.

691Geddes,History of the Administration of John de Witt, i. 102, 106, 150-157. Gardiner,History of the Commonwealth and Protectorate, i. 353, 356.

692Geddes,op. cit., 157, 159, 165. Gardiner,op. cit., 359.The Nicholas Papers, i. 230.

693“Wee doe tender the ffriendshipp of the Com̃onwealth of England unto the High and Mighty Lords the States Generall of the Vnited Provinces, and doe propound that the Amitye, and good Correspondency which hath aunciently beene betweene the English Nation and the Vnited Provinces, be not only renewed, and preserved inviolably, But that a more strict, and intimate Allyance, and Vnion, be entred into by them, whereby there may be a more intrinsicall, and mutuall interest of each in other then hath hitherto beene for the good of both.” Submitted 25 March/6 April. “A briefe Narrative of the Treatie at the Hague betweene the honobleOliver St John, Lord Chiefe Justice of the Court of Com̃on Pleas, and Walter Strickland, Esq., Embassadorsextraordinary of the Parliament of the Com̃onwealth of England, to the great Assembly of the States Generall of the Vnited Provinces begun upon the 20th of March 1651 and continued vntill the 20th of June 1651 and then broke ofre infectâ.”State Papers, Foreign, Treaty Papers (Holland), No. 46, 1651.

694“We propound, That the two Com̄onwealths may be confederated friends, ioyned, and allyed togeather for the defence and Preservation of the Libertyes, and ffredomes of the people of each, against all whomsoever that shall attempt the disturbance of either State, by Sea or Land, or be declared enemyes to the freedome and Libertie of the people liveing under either of the said Governments.” Submitted, 17th April.Ibid., p. 7.

695Narrative of the Ambassadors(ibid.) Geddes,op. cit., 157, 159, 165, 171. Gardiner,op. cit., 359, 362, 363. Tideman,De Zee Betwist: Geschiedenis der Onderhandelingen over de Zeeheerschappij tusschen de Engelsche Republiek en de Vereenigde Provinciën vóór den ersten Zee-Oorlog, 39-47. Thurloe’sCollections, i. 176, 179, 181-186, 188, 193. Aitzema,Saken van Staet en Oorlogh, 657-660.

696SeeAppendix K.Narrative of the Ambassadors, p. 23. Aitzema,op. cit., iii. 698-700. MS. of Duke of Portland inHist. MSS. Com. Thirteenth Report, App. I., 605. Tideman,op. cit., 47, 48, 49. Geddesop. cit.178.

697Articles 17-33,Narrative of the Ambassadors. These articles are given inAppendix K. Tideman,op. cit., 50. Aitzema,op. cit., iii. 695.

698“Over het strijken van vlaggen ende andere Ceremonieën daeruyt meenichmael differentien in zee coomen te ontstaen.”Resol. der Groote Vergadering, 15/25 May 1651. Tideman,op. cit., 52.

699St John and Strickland left The Hague on 20th June, and the Act was recommended to the Parliament by the Council of State on 5th August, and passed on 9th October (Gardiner,op. cit., ii. 82). The essence of the Act was to prohibit the importation of extra-European commodities into any territory of the Commonwealth except in English vessels, or from Europe unless in English vessels or vessels belonging to the country in which the commodities were manufactured or produced. The importation of salt-fish or fish-oil, and the exportation of salted fish, were to be permitted only in English vessels, but the importation of fresh fish was not forbidden. Early in the next year two Dutch doggers, driven into Yarmouth by contrary winds, exposed their cod and haddocks for sale and were seized by the bailiffs; their release was ordered by the Council of State.

700Geddes,op. cit., 192, 193. Tideman,op. cit., 89, 96. Gardiner,op. cit., ii. 108. Gardiner,Letters and Papers relating to the First Dutch War, 1653-1654, Navy Records Society. In the third volume (1906) of this valuable work the papers are brought down to 10th February 1653.

701Tideman,op. cit., 96. Aitzema,op. cit., iii. 696.

702They were Whitelocke, John Lisle, Bond, Scott, Viscount Lisle, and Purefoy.

703Cats’Verbael. Tideman, 94-108. Geddes, 198.

704The conferences on the articles were on 3rd, 5th, 6th, 10th, and 13th May. The incorporation and union of Scotland with England was proclaimed at Edinburgh on the 21st of the preceding month.

705Cats’Verbael,App., 21. Tideman,op. cit., 117.

706“De dispuyte over ’t recht hetwelck de Engelsche pretenderen privative over eenigh ghedeelte van de Zee te hebben, ende in allen ghevalle aan deselve geen soodanigh recht in eenigher wijse toe te staen, ende alleen te handelen over de vryheijdt ende seeckerheijdt van wederzijts visscherije.” Tideman,op. cit., 119. Aitzema,op. cit., iii. 708.

707Cats’Verbael. Tideman, 118.

708Aitzema, iii. 713. Tideman, 124, 130, 132. The draft instructions were dated (April 30)/(May 10), and were approved on May 6/16. A translation of the 7th Article is as follows :“The superior officers and captains either already in command of the aforesaid squadrons or hereafter appointed, are to be charged to free the ships of this country from all search by any one whatever, and to defend them against all who try to do them injury, and to release them to the uttermost of their power from every one who may have captured them, and further to do whatever their ordinary instructions in their commission requires in a sailor-like fashion for the service of the country.” By the 5th Article, fifteen men-of-war were to be sent for the protection of the “great” (herring) fishery, “which is of so great importance to the State,” along with the ordinary national convoy-ships, and the ships which the towns of Enkhuizen, Delft, Rotterdam, and Schiedam were accustomed to add. Gardiner,Letters and Papers, i. 155.

709Tromp’s memorandum was dated (28 Feb.)/(9 March), 1651. The original is apparently lost (Tideman,De Zee Betwist, 68); but an account of it is given by his contemporary, Aitzema (iii. 731), and is printed inAppendix L. Tromp, in hisRescriptof 14/24 October 1652, justifying and explaining his conduct with regard to the meeting with Blake, refers to a memorandum on the subject of the flag which he presented to a committee of the States on “Jan. 6/16, 1650/1651,” and which they considered in arranging his instructions of “(Feb. 21)/(March 3), 1650/1651” (Gardiner,Letters and Papers, i. 422). The dates here are those given by Tideman.

710“Sonderlinge de swackste sijnde.”

711Tideman,op. cit., 68.Resol. Holl., 1/11 March 1651.

712Hollantsche Mercurius, April 1651, p. 49: “Seer jalours, omdat hij niet terstond gereedt was voor haar te strijcken.”

713Resol. St. Gen., 7/17, 12/22 Oct. 1651. Aitzema, iii. 731. Tideman, 68, 92.

714Add. MSS. Brit. Mus., 11,684, fol. 30.

715Bourne’s letter inThe Answer of the Parliament of the Commonwealth of England to three Papers delivered to the Council of State by the Lords Ambassadors Extraordinary of the States-General of the United Provinces: and also aNarrative of the Late Engagement, &c.,Brit. Mus., (517, k, 15)/(36), p. 12.

716Letter to States-General, May 30.Hollantsche Mercurius, May 1652.The Answer of the Parliament.Geddes, 209. Tideman, 130.

717Blake’s letter,The Answer of the Parliament, p. 8.

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