Chapter LIX: 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^{t}all 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^{t}all, 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.]