Chapter LVIII: 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.