The Sovereignty of the Sea

of wringing money from the country for empty displays. While the Earl of Lindsey was still cruising at sea, and before the issue of the second ship-money writs, he knew that his scheme

dsey's for the following year. Coventry made his speech to the Judges in June, and in August the second writs for ship-money were sent out. In this case, as is well known, they were addressed not only to the coast towns but to the whole of England, with consequences notorious in English history. The number of ships it was at first intended to set out was forty-five, totalling 21,850 tons, and with 86

the office of Admiral. This fleet is usually said to have been the most powerful ever set out by England up to that time.523 According to Northumberland's Journal, it consisted of twe

a joint sovereignty on the sea with his Majesty"; and against the latter that the French and Hollanders would besiege Dunkirk or some part of Flanders, and the king would have to sit still and suffer it to be lost, or break his neutrality. "Besides," said Windebank, 288 clinching his arguments, "what was to be done with the fleet next year if his Majesty declared his neutrality? it must lie still and do nothing."525 Apparently the problem of what was to be done with the fleet was not quite s

t possession of the fishings, "mentioning withall some treaties that had been heretofore between the Kings of England and the Dukes of Burgundy" in favour of their liberty of fishing. After hearing Sir Henry, the Admiralty expressed a unanimous opinion that "the right and royalty of that fishing upon your Majesty's coasts doth undoubtedly belong unto your Majesty by inheritance, so as you may justly prohibit or license all strangers at your royal will and pleasure." They further declared that by reason of his strength at sea, the time was then most fitting to put his claim into execution; and they 289 recommended that the States' ambassador should be informed that the king had not relinquished his right to the "royal fishing," but was "resolved to defend it as the hereditary right and possession of any other of his dominions." This intimation was to be wrapped up in sophistries, lest the Dutch should think the king challenged it at a time when they had most need

ugh his seas, as Charles, fresh from the perusal of Mare Clausum, apparently had proposed. That, they said, would doubtless "draw a just complaint and clamour" from the neighbouring princes and their subjects. The best course, they thought, was for a t

esence of the king's ships, the phrase, "in any part of the Narrow Seas," in Lindsey's instructions, was replaced by the words "in any part of his Majesty's seas,"-an alteration of some importance in view of Coke's description

the Downs he passed over to the French coast, sailing along it within sight of Calais, Boulogne, and Dieppe, and then stood over for the English coast. On 26th May he was at Portland; thence he passed westwards to the Lizard, and cruised between it and Ushant and within sight of the French coast till 11th June, when the fleet put into Plymouth. During all this time they got no glimpse of the fleet for which they were seeking, but they had frequent reports from passing vessels that it was at the Isle de Rhé, and numbered between forty and fifty sail, most of which were small and unprepared to put to sea. Within ten days of leaving the Downs, Northumberland had apparently satisfied himself that they would see

n as they perceived the movement they tacked about and were speedily out of sight. "They are so well built and fitted for sailing," remarked the Earl, "that I can never come near when they have a mind to avoid, unless by chance." It has indeed been well said that whether Charles was sovereign of the seas or not, he could not build ships that would sail.528 For the same reason the English vessels we

e addressed a treatise to the king on Dutch trade and fisheries, like those so profusely bestowed on James, in which he drew a lively picture of the ills which arose from their predominance. The yearly profit derived by the Hollanders from their fishing in the British seas he placed at ￡6,000,000 sterling, which enabled them to maintain their wars; and yet they were so ungrateful as to say that England would never be well governed until they had the governing of it. He recommended that the Hollanders should be licensed to enjoy half the fishings, a course which he said would make Charles the most powerful sovereign in Christendom,-superlatives and hyperbole never being stinted in such forecastings.531 Then a very influential body, the Merchant Adventurers, exasperated

mong the busses, with a lawyer on board, to ask the tribute in fair and gentle words, and if refused "to take out instruments upon the said refusal." Charles sent his Admiral with a powerful fleet, and with instructions to force the fishermen to take the licenses in spite of all opposition. The first step was to issue a formal proclamation like that issued by James in 1609, forbiddin

asioned the previous proclamation had rather increased than abated, being "very sensible of the premises, and well knowing how far we are obliged in honour and conscience to maintain the rights of our Crown, especially of so great consequence," he thought it necessary, by the advice of his Privy Council, "to renew the aforesaid restraint of fishing upon our aforesaid coasts and seas, without license first obtained from Us, and by these presents to make

uctions from the Lords of the Admiralty. The king, they said, had told them he had already verbally given the Earl directions to charge the busses which took the licenses at the rate of twelvepence a ton; with respect to such as might refuse to accept the license, he was "to take order that they may not fish in the said seas; and in case t

n any case they declined to go unless pilots were provided, and these had to be obtained from the Cinque Ports and Yarmouth. There was obviously much reluctance in the fleet to go on this expedition. The objections and difficulties were brought to the notice of the king, but Charles stood firm, and expressed his "pleasure" that the northern voyage should be undertaken; and Northumberland before leaving wrote to Windebank to assure him that the fleet would dec

and it was soon overtaken by the Swan-which, it may be noted, was a Dunkirk privateer that had been captured and converted into an English warship. Northumberland kept the Dutch captain on board his own ship, the Triumph, all night, expecting, as he said, that the busses would not go far without him-for of course they were liable to be swooped upon by the privateers. But the fishermen now feared the Dunkirkers less than they feared the English fleet, and the Earl's ruse failed. After dark he sent off four ships to try to surprise them at their nets, but "they plied away all night without making any stop."538 They were well aware of the mission of the fleet, but they had no mind either for the license or the protection of the King of England. Next day Northumberland, finding that the busses "trusted only to their good sailing" and did not return, and that the convoying men-of-war were not likely to be 297 able to oppose him,-two or three "very meane ships only able to defend them from the Dunkirk frigates" accompanying each fleet of busses,-and hearing, moreover, that the principal fishing was past and most of the busses gone home, resolved to divide his fleet into three squadrons, the better to me

g-busses under sail.

he 9th gave chase to two men-of-war guarding a fleet of busses, the latter, as before, making all haste away. The Dutch men-of-war coming up to the English squadron, no doubt to inquire and protest, were promptly manned with English sailors and sent in hot haste after the busses that had fled. "Yet," said the Earl, "with all the wayes we could use, we got

ling their nets, with convoying s

nd came to anchor, lest the ships should damage the long drifting-nets of the fishermen. But a heavy gale coming on and threatening to increase, the Admiral fired a warning gun and weighed at break of day on the 13th: so furious was the wind and sea that two of the vessels broke loose, and others had the greatest difficulty in getting up their anchors, and the English fleet was dispersed. The Triumph made for Scarborough, where it was joined during the next few days by the rest of the fleet, and then they all left for the Downs. On the morning of the 20th they descried twenty sail of good ships, and on filling sails and standing to them they found they were Dutch men-of-war, under

ould have shown little wisdom for the 301 few small men-of-war guarding them to have attempted resistance to a force so superior. Northumberland, however, in his report, while explaining that from the lateness of the season they had encountered fewer busses than they expected, said that "those we could c

Hebrides and on the east coast; and although they soon perceived that they had very little to fear from it in the sphere of commercial competition, they rightly suspected that the project foreshadowed the revival of exclusive claims to the fishery, such as had given them so much trouble under James.545 We have noted also how anxiety was aroused in Holland over the equipment of Lindsey's fleet, and that Joachimi, their ambassador, 302 had got wind of the intention to send some of the ships northwards among the busses. But the proclamation of 10th May as to "restraint of fishing" removed any lingering doubts they had of the king's intentions, especially as it appeared so soon after the publication of Mare Clausum. At that time the policy of the Dutch was earnestly directed towards detaching England from the side of Spain and bringing her into line wi

shery. The States-General, always anxious to burk discussion of this matter, had postponed giving Van Beveren definite instructions about it, in the hope and expectation 303 that it would be submerged in the more important business of the alliance.546 There were other circumstances which led them to think the king would not press his claim to the fishery. One was that the publication of the proclamation for restraint of fishing had been delayed, and even its promulgation denied. It seems, indeed, that the opinions of Charles as to his policy on this question were constantly fluctuating, and that he could scarcely make up his mind as to what it were best for him to do. Both the young Elector, his nephew, whom Van Beveren had gained over to his views, and his sister, the Elector's mother and Queen of Bohemia, were against any interference with the D

xplained that the measures to be taken by the fleet were of a peaceful nature, and were intended to benefit 304 the fishermen by extending to them the protection of England against the Dunkirk privateers, from whom they had suffered so much in the previous year. The payment of a small acknowledgment would in reality, he said, be very profitable to them. Van Beveren had accordingly to content himself as well as he could with these assurances. He received the condolences of the French ambassador, with whom he had frequent interviews, and who pointed out to him that the circumstances of the time were such th

dignation in the United Provinces. Captain Ruyter sent on, for visual inspection, the safe-conduct or passport which the Earl of Northumberland had forced upon him; and

o dear to the United Provinces, and the restoration of the Palatinate, in which the States might be able to afford valuable aid; expatiated on the long and close friendship that had existed between England and the Netherlands; and depicted in moving terms the poverty and hard life of the poor fishermen. But it was all in vain. Charles declared that to ask him to abdicate his sovereignty of the sea was as absurd as if Spain should ask him to give up Ireland; and he added-probably with the knowledge that the States-General had commissioned Graswinckel to answer Selden (see p. 375)-that the publication of books in France, Spain, and the Netherlands, contesting his rights, made it necessary for him to vindicate his sovereignty with all the more strength. The same attitude was maintained in a f

is claim still good, to take it up again when he would."551 Roe argued on the other side. He thought it would show wisdom on the part of Holland, and be greatly to her advantage, if, avoiding an open breach with England, she acknowledged the right of the king and accepted his protection for her fishermen. In this way the States would reap all the advantages they already had, and be relieved of the expense of maintaining a fleet to protect the busses. The king, he felt sure, could not now recede "without weakening or blemishing his right, or his power, to all posterity"; he was prepared to guard the Dutch fishermen and to fight for them as his own subjects; and as for the "acknowledgment," that would be really only a small thing and would not burden the fishing-which would never be thought of. "I doe confidently affirme to

f forcing licenses upon them. The Earl of Northumberland left the Downs for Yarmouth on 16th September, taking with him eight ships and a pinnace; another ship was to follow later. He felt that his task at Yarmouth would be more difficult than his first had been. Then, the only advantage the busses had was their good sailing; now they would have oth

om Yarmouth, received from a Scottish ship which had arrived from Zealand, that the Dutch had forbidden any more busses to go to the fishing that year, and the Earl advised 308 Windebank to this effect.554 The rumour, however, was false, for on the 28th a fleet of fifty sail of busses and two or three men-of-war was descried to windward, but Northumberland was able to speak to only three of them that "wanted licenses." On the next day, as they were following the busses that "would not come near them," they caught sight of another fleet of about sixty sail, with three men-of-war, and the English ships went amongst them and cast anchor, and made the convoyers anchor also; "then," said the Earl, "all the busses of both fleets came about us; most of them had formerly taken licenses, and such as were unprovided were then furnished by us." Next day, finding no more of the herring-boats "that wanted licenses," the English squadron weighed anchor and shortly afterwards perceived a third large fleet of busses, guarded this time by ten men-of-war. To this fleet they gave chase, plying up to windward all night, and on October 1, as the wind prevented the boats being sent out, they anchored in s

e sums received for convoying shipping,-which, in accordance with the advice of the Admiralty, was voluntary,-and also of the "acknowledgment money" taken from the fishing-busses. The former amounted to ￡999, nearly all of which was earned by the convoying of merchantme

878 16

s 145 0

s 40 0

ors 100

134? 02

018

119

Angells

s 7 00

money 0

gs 06

s 030

s 005

000

501

1

t of the monies received from the Dutch h

y the Dutch herring fishermen for the king's licenses; and so far as appears, the account given here is the first that is authentic and correct. Although Northumberland's Journal is preserved among the national records, only one author seems to have quoted from it, namely, Evelyn, and he del

triumphantly to the Downs. On asking the English Admiral why he was among the busses, he was politely told "to protect the fishermen," and when Northumberland asked the reason of the presence of the Dutch fleet, he received the same answer, "to protect the fishermen." It was a perplexing position for Van Dorp. His instructions were to guard the busses from molestation, but they contained no article which covered the case as it now presented itself, and to attack the English squadron under the circumstances would have been foolish. He therefore sailed back to the coast of Flanders to watch the Spanish ships. He returned to the English coast in Septem

d in the eyes of the whole world, and the publication of the edict was from time to time delayed. This cautious conduct served their purpose much better, for before the fishing season of 1637 arrived, the kaleidoscope of Charles's foreign relations had taken another turn, and he was 314 anxious to avoid further trouble with the Dutch. The Earl of Arundel, who had been sent to Vienna on one of the king's wild-goose missions, to negotiate a treaty with the Emperor for the restoration of the Palatinate, returned unsucces

utumn Sir Thomas Roe had declared that the difficulty in the way for the benefit of the Prince Elector arose from the fishery dispute, and that upon nothing was the will of the king more firmly bent: if the Dutch did not yield, he feared "another procedure" next season. Even in February, Archbishop Laud told Elizabeth that the king was "so set to maintain the dominion of the sea" that he durst not speak to him any more about it. At the same time he gave a broad hint that nothing further would be attempted against the Dutch fishermen in the approaching season. He much wondered, he said, that the Prince of Orange and the States should trouble themselves to gain an overt concession from his Majesty to leave their fishing that year, since 315 it was "more than manifest" there would be so much other work for his navy that the bus

rned that the Prince had already taken steps in the same direction. Through the intermediary of Laud, the proposal had been made to Charles that the Dutch, instead of paying license-money for liberty to fish in the British seas, should place at the disposal of the Elector some ships and soldiers, the king's proclamation for restraint of fishing being meanwhile suspended. Charles would not agree to this. The ambassador, he said, had offered assistance when he arrived without any hope of an equivalent on his part, and he could not give up his claim to an acknowledgment of his rights. Van Beveren, on the other hand, informed his confidant that it was a question of principle with the States, and that it would be better to break off all negotiations if the "acknowledgment" was insisted on. Nevertheless, these private negotiations con

raised at a later period when the naval and military operations were concluded; its acceptance would, moreover, be equivalent to a tacit acknowledgment that the king had the right

gnty of the sea as acceptance of the licenses implied, that the ambassador was authorised to reinforce his persuasion by bribing those who were most influential among the fishermen. The fishermen, according to Boswell, were not averse to the proposal, but they very naturally wished to know, first of all, how the licenses of the King of England would protect them from the Dunkirk 318 privateers. If the Government at Brussels would acknowledge the validity of the licenses, or if the Cardinal Infant agreed to back them with passports of his own, the offer, they said, would be worth considering; but they could scarcely depend on the protection of the English fleet alone. As a sign that they were in earnest, they offered to place ￡2000 at Boswell's disposal if he could get the matter settled in this way. This sum, with the king's approval, was forwarded to the English representative at Brussels, to be used in gaining over the Spanish

would be granted; but the Spanish Admiral absolutely refused to be bound by them. He declared he would not spare a single herring-boat, even if the Cardinal went down on his knees to him. He would pay attenti

led in the Downs in April and May; it consisted of twenty-eight ships, of which nine were merchant vessels, and the Earl of Northumberland was again appointed Admiral, his instructions, dated 15th April, being identical with those of the previous year.572 The state of the negotiations with France, and other causes,

y one of the merchant ships under your charge (being not willing to employ any of his own until it appear what the success will be) toward the north with these licenses, with order to make offer of them to the fishers, and if they accept them to distribute them at the same rates they were taken the last year. And if such as take them," he continued, "desire to be safe-conducted in their return, your Lordship is to assure them his Majesty will take them into his protection, and caus

d them and the king resolved they should be convoyed home, it would need a large number of ships, as the busses returned in small fleets.574 Windebank two days later repeated the instruction that, if they refused, the fact was to be immediately notified, when the king would take further resolution. "The truth is," he said, "his Majesty in this present conjuncture is not willing to proceed so roundly with them as he hath done heretofore, and therefore thinks fit to hold this way of inviting them fairly to acknowledge his right wi

321 he sent him a few days later a handsome diamond ring.576 But even if Charles had been moved by no special desire to conciliate the Republic, the preparations which were being made in Holland to guard the fishermen from molestation might have given pause to the attempt to repeat the operations of the year before. The Dutch Government were perfectly aware of Boswell's intrigues about the licenses, and they put little fa

so. Then one of the Dutch warships came up and lay by him, and the captain asked him to speak to his Admiral before sending for the busses; "but it blew hard that day and the next, so that no boat could pass." On the 20th he spoke with the Admiral of South Holland and the Commander of North Holland, and explained his mission; but they would not then give their answer. On t

friend Nicholas that the attempt would fail and would bring greater inconveniences in its train. On his return, Northumberland said it would have been much better if the king had absolutely forborne his request to the Dutch than have demanded it in the manner he did. After the successful campaig

avoured to save the drowning men. Windebank seized upon this incident. He wrote to Captain Fogg, who was in command of the ships in the Downs in the absence of the Admiral, that the report spread about that the Hollanders had refused his Majesty's licenses to fish in his seas was "utterly mistaken." Fielding had not been sent to offer licenses to the busses, but to tender the king's protection. His Majesty, hearing "that the Dun

tory which was being told about the licenses, and that he had been specially commanded to give the refutation of it in charge of the Earl, "and that you should do it in the same way that I have directed him (Fogg), namely, that his being sent to the busses was to give them notice of the forces prepared by the Dunkirkers to intercept them in their return, and to offer them his Majesty's protection, but no licenses; that of the licenses to be cried down and the other to be advowed and reported through the whole fleet." Fielding was to be admonished to be more reserved in future "in such great services,

ntry discontent was deepening. The opposition to the collection of ship-money was growing formidable, and the declaration of the Judges in favour of the king's right to levy it only postponed the inevitable for a little.584 In his letter to the Judges, Charles based his case on the necessity of maintaining his sovereignty of the sea. The honour and safety of the r

reign of the Seas.

d to subdue his rebellious subjects; and the British seas, even the King's Chambers, were soon again the scenes of flagrant acts in violation of his authority. By a strange irony it was at this time that the king's "Great Ship," the famous Sovereign of the Seas, whose praises were sung by Thomas Heywood, the dramatist, was launched at Woolwich. Its construction had been under consideration for several years; it was begun in January 1636 and launched early in October 1637. Charles took a keen personal interest in his great ship, and supervised its details. He selected a scutcheon and motto to be engraved on each of its 102 brass guns-the rose and crown, sceptr

wo ships were sent to the westwards on an alarm that "Turkish" pirates were in the Channel; it convoyed two vessels laden with gunpowder into Dunkirk, notwithstanding the blockade by the Dutch, and returned to the Downs; and two ships were despatche

men-of-war off Gravelines with their colours in the main-top, fired some twenty shots at them without causing them to strike. In the Mediterranean the French retaliated. An English vessel on the coast of Barbary was forced to lower its flag to French ships of war, and because the captain refused to go on board them when requested, the ship was attacked and captured. In the following year Captain Straddling of the Dreadnought used drastic measures against some Hollander merchant-ships. Falling in with four of them off the Lizard, homeward bound from Brazil, with their flags abroad, he commanded them t

tch men-of-war became bold, and then insolent. They began by protecting a Calais vessel that had rifled an English ship, their Admiral refusing to surrender her. Soon their fleets visited the English coasts in menacing strength, and although they "performed their duty" in the matter of the flag, they insisted on their right to stop and search English vessels, even in the King's Chambers. "The Hollanders' ships," wrote Northumberland's secretary to Pennington in June 1639, "begin t

High Admiral in the preceding year, also expressed himself as much afflicted that such affronts were put on the nation in his time. It was, said Windebank, a very high disorder that any of the king's neighbours should presume to lie with a fleet in his Majesty's Channel, near his ports, and where he justly claimed sovereignty, and arrest and search English ships, taking out of them "such persons, being passengers, as they please"; "especially"-and this no doubt was a potent reason of the king's displeasure-"since the merchants and others

men-of-war. They only took out of the English ships the Spanish soldiers, he said, who were being carried to Flanders; they were most civil and courteous while doing so; in reality, it was the English captains who had committed the greater insolency. At all events, before attempting any reparation, it would be only prudent to have an overmastering force, lest greater loss and dishonour shou

s dreams of the dominion of the seas. The battle of the Downs was fought between the Dutch and the Spaniards on 11th October 1639, in spite of Charles's express prohibition, and in spite of his helpless fleet. So glaring a violation of one

and then lest they should begin hostilities in the King's Chamber. On the former point doubts were soon set at rest. Tromp at once took in his flag in the presence of the English ships, a "civility" with which Charles was pleased. So also did the proud Spaniard, but only after preliminary refusal and demur; and Pennington's insistence that the 331 standard of Spain should be lowered was made a subject of complaint at Madrid.594 Anxiety on the second point was protracted, and it was not diminished by the reports that were received that the French fleet was coming to reinforce their allies the Dutch. Pennington, in the most emphatic manner, had forbidden hostilities within the King's Chambers, and he assigned the northern part of the anchorage to the Spaniards and the southern part to the Dutch. For several weeks the belligerent squadrons remain

as asked for explicit instructions as to how the Admiral should act, "would not give any express declaration." "I earnestly pressed his Lordship [the Earl of Northumberland] to prevail with his Majesty," he said, "that you might have some justifiable instructions how you 332 should demean yourself.... To all this he told me that

to find seamen to man them properly, and by command of the king some of them were dispensed with. In presence of the powerful States' fleet, to say nothing of the Spaniards, Pennington's instructions to the masters of the merchantmen must have sounded somewhat ironical. If either of the "great fleets," he said, should presume to attempt anything in the King's Chambers "contrary to the laws and customs of nations and to the dishonour of our king and kingdom, you are to fall upon the assailants, and to do your best to take, sink, or destroy them." Moreover, if any ships of the hostile fleets assembled, "or any others that may come," should put out a flag, they were

were informed that the king was going to fix a short period for the departure of both fleets; and this message was conveyed to the Dutch Admiral. On the evening of the 10th, the gunpowder for the Spanish fleet came alongside, and the accidental discharge of a gun on one of the Spanish ships killed a Dutch sailor. This was enough. Before the fog lifted next morning Tromp's fleet was under sail; the roar of cannon announced that the attack had begun; and within a few hours the Spanish galleons were driven ashore, burnt, sunk, or in flight for Flanders, with Tromp in hot pursuit. The English Admiral acted on the prudent advice which had been given to him by Smith. He made a show of resenting the violation of the King's Chambers by firing at the Dutch. In Madrid it was afterwards said he had fired his guns into the air, but Pennington himself tells us that 334 (although he affected to believ

indeed, in those years, was most punctiliously respectful to this symbol of the king's sovereignty. Even during the height of the battle, when he was violating not merely the sovereignty claimed by Charles but the well-understood Law of Nations, he kept his flag down until he was a good way of

had returned to the Downs, and was suspected of meditating further "insolency" by falling upon the stranded galleons, to immediately quit the road. The king, he was told, had made up his mind not to allow them the liberty of his ports or roads "until he shall have received satisfaction for the insolency already committed." If they refused to leave, Pennington, immediately the other ten ships had reinforced him, was to drive them out with all his power and strength, or answer the contrary at his uttermost peril. Before these orders could be executed, Tromp voluntarily departed.605 Copies of the letter to Pennington were sent to Brussels and Madrid to show the Spaniards that the king was full of resolution. They were told he was very sensible of the affront and insolence of the Hollanders, and "would make such

rds. The violation of the King's Chamber was to be passed over, and the battle in the Downs represented as having been merely a continuation of the first fight in the Channel, which forced the Spaniards to take refuge in the English roadstead. But the pains taken by the States-General were hardly necessary. Charles in his perplexity did not know to which side to lean. He received the Dutch ambassador in a very friendly way, and began to speak again of an alliance with the Republic.608 In another direction he was flouted by t

was short-lived. A decade later they were smitten by the heavy hand of Cromwell, who resumed the sovereignty of the sea. It is to the period beginning about this time that the Dutch trace the decadence which set in in their great fisheries as well as the decline of their trade. It is, however, a satisfaction to think that the part played by this country in causing the misfortunes of Holland-a country to which civili