Chapter LIV: 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.

Giuen at Thetford the first day of March, in the
second yeere of our Reigne of Great Britaine,
France and Ireland.

Anno Dom. 1604.