3. Albeit his Maty 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 Maty now professeth to yeild Peace and Security to his friends and neighbours, desiring the same, his Maty 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 Maty 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 Maty shall not understand it to be any breach of his Peace, or violation of that Security wch 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 Matyes 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 Maty 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 agt the said Prizes and the Takers thereof, his Maty will cause Justice to be administred in that behalfe with all possible expedition.
5. Whereas mention is often made in the premisses of his Matyes Protection within the aforesaid bounds and limits, his Maty 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 Maty desiring the same from the Lords Commissrs of the Admiralty, to whom his Maty 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 Maty 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 Matyes Countrey or Dominions, or any other, or any other ships or goods belonging to them, To wch purpose his Maty 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 Maty will by his Letters of Request under his Privy Seale to the Soveraignes of the said offenders, or otherwise, pursue such further proceedings agt 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 Maty,
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 yor Honor and Proffit. The one for the wafting and securing of Merchants that pass through yor Majesty’s seas. The other for protecting all such fishermen in generall as shall exercise that trade by your Majesty’s license upon yor seas and coastes.
The first of these that fell into debate was that concerning the fishing, and by Sr Henry Martin it was made evident vnto vs that yr Mats 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.