CHAPTER VIII. CHARLES I. NAVY continued .

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Considering the failure of his foreign policy and the inglorious fiasco of the first ship-money fleet, it might be supposed that Charles would pause in the unusual method he had adopted 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 schemes had miscarried. He was left drifting about without any definite policy, but still clinging to the plan of the restoration of his nephew to the Palatinate as the one thing before him. He was equally ready to ally himself with France against Spain, or with Spain against France, whichever would be most likely to aid him in realising that object;520 and as he had neither money nor troops to attract a Continental alliance, his only pawn lay in the navy. In the summer of 1635, while Selden was busy in the Temple at his book, it was resolved to equip a fleet far more formidable than Lindsey’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 8650 men, the estimated cost being £218,000.521 At the beginning of December the Admiralty considered what number should be set out in the spring; and by an Order of the King in Council on December 27th, it was decreed that twenty-four should be prepared “for guarding the narrow seas,” while ten other ships should be got ready as a second fleet to reinforce the first, or to take its place later.522

The second ship-money fleet was placed under the command of the Earl of Northumberland, an able, accomplished, and high-spirited young nobleman, much better fitted than Lindsey was for 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 twenty-seven vessels, all of which were king’s ships, except three which had been fitted out by London. Sir John Pennington was appointed Vice-Admiral and Sir Henry Mervin, Rear-Admiral.524

But what was to be done with the fleet? That was a question put by Windebank in the autumn of the previous year. The king had remitted to the Foreign Committee two inquiries: what answer he should make to the French ambassador concerning “a nearer conjunction” with France; and whether he should declare his neutrality. Windebank argued against either a French alliance or a declaration of neutrality. Against the former proposition he urged four reasons, one being that the French “had challenged 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, 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 solved until the February following, though there had been several tolerably clear indications that one part of its duty at least would be the suppression of unlicensed fishing on the British coasts. Selden’s Mare Clausum was issued from the press in December 1635, and it was with great satisfaction that Charles welcomed it (see p. 368). The idea of playing the more distinguished rÔle of Lord of the Sea was not therefore likely to be abandoned because Lindsey’s fleet had been able to do nothing.

At the same time Charles thought he might get some money as well as honour by means of his fleet, and he submitted two propositions to the Lords of the Admiralty for their consideration in employing the fleet “for his honour and profit”: first, in “wafting and securing” foreign merchant vessels passing through his seas; second, in protecting all such fishermen as should fish under his license upon his seas and coasts. With reference to the latter suggestion, Sir Henry Marten delivered an elaborate opinion to the Admiralty. He recited how King James, after long and mature deliberation, had satisfied himself 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 crowns,” and had issued a proclamation declaring his title and forbidding unlicensed fishing by foreigners. He also explained that the United Provinces had then sent over commissioners who alleged continued custom and present 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 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 of his favour and grace. James had offered them a bare license for liberty to fish; Charles was to offer them safety and security as well, and the depredations which the Dunkirk privateers had committed on the herring-busses were to be used as an impressive argument to convince them of the benefits they would receive from his protection. The privateers had driven them from the fishing, even in sight of English harbours, by which the king was prejudiced both in honour and interest; but if they accepted his licenses he might feel justified in drawing his sword in their defence, in spite of any league or treaty. If, however, the Hollanders should be so wanting in discretion as to refuse the royal licenses, the Lords of the Admiralty were “all clear of opinion that his Majesty should renew and publish the like proclamation to that of the King his father, and prosecute the settling of that his right as a thing so highly concerning him in honour, dominion and profit.”

As to the second proposition, the convoying of foreign merchant vessels, the Admiralty were more guarded in their opinion. They all agreed that the king was entitled to have profit by it, but not by way of a general imposition on all ships passing through 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 tribute to be taken from such vessels as desired convoy, in proportion to the value of the ship and the length of the waftage. The King of England was thus to hire out his ships of war when any foreign vessels were willing to pay for their employment.526

The instructions to the Earl of Northumberland were issued by the Admiralty on 7th April, and they were substantially the same as those given to Lindsey in the previous year. In the clause referring to hostilities in the presence 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 of the extent of them; and the same change was made in the title of his instructions.527 The king also gave the Earl private and verbal commands, particularly as to the operations to be conducted against the Dutch herring-busses.

The fleet mustered in the Downs, the Earl embarking in the Triumph on 14th May. Leaving some of the ships to convoy merchant vessels and guard the Straits of Dover, he hoisted sails on the 20th, and stood away westwards in search of the French fleet. It was known that a large number of ships had been equipped by France and lay at Rochelle; and Pennington had reported at the end of February that twenty-four States’ men-of-war were at Amsterdam, ready to come out and join the French, and that they were to wear French colours. It was believed that the intention of the allies was to lay siege to and blockade Dunkirk, and Northumberland was ordered to keep a watch on them and to force them to strike. On leaving 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 nothing of the French that summer; he thereupon reminded the Admiralty that the fishing season was approaching, and requested to know the king’s pleasure as to whether he should go northwards. On the 14th, the Admiralty informed him that as the season for fishing began about the 20th June, he was to repair to the northwards as soon as his other business would permit. Northumberland received this letter at Plymouth on the 22nd, together with other information that the French fleet had passed towards Dunkirk. He thereupon hurried eastwards, arriving at the Downs on 24th June, and finding that the report as to the movement of the French fleet was false, prepared for the campaign against the Dutch fishermen.

The Channel cruise of Northumberland’s fleet was thus as barren of result as had been Lindsey’s in the year before. He fell in with a few Dunkirk privateers, far too nimble to be caught up by the “great unwieldy” English ships. When in Portland Road, a glimpse was got of eight large ships at a great distance, which were thought to be States’ men-of-war. Northumberland stood towards them, but as soon 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 were unable to find the “Turkish” pirates, which, when the Earl put into Plymouth, came out of the Irish seas, and carried off about thirty English fishermen into captivity. During Northumberland’s cruise, Captain Carteret with six ships was busily employed in convoying such trading vessels “as desired it” from the English coast to Dunkirk or Ostend, “taking an acknowledgment in money of strangers.”529

But if Northumberland was foiled by the Fabian tactics of Richelieu, as they had foiled Lindsey, with regard to the striking of the flag, he succeeded in forcing the Dutch fishermen to take the king’s license, a policy which Charles had contemplated long before even the first ship-money fleet was equipped. We have already seen how the Scottish burghs in the course of the negotiations about the Fishery Society, repeatedly insisted that the unwelcome Hollander should be driven from their seas (see pp. 227, 234). As early indeed as 1630 rumours were rife in Paris that a fleet of fifteen English ships, under the command of Sir Kenelm Digby, was to be equipped for this purpose;530 and there were signs from other quarters of what was impending. In 1634 Sir Nicholas Halse 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 by certain measures taken by Holland and the States-General with respect to their staple at Amsterdam, petitioned the Council to retaliate, and among their retributory suggestions was the prohibition of the Hollanders from fishing on the British coasts or drying their nets on the English shore.532 It would appear indeed that originally one of the principal ostensible objects of the fleet of 1635 was to force licenses on the Dutch. Thus Nicholas, the Secretary to the Admiralty, who was not in the secret of the Spanish negotiations, in a memorandum drawn up in that year, suggested that the duties of the fleet should be the suppression of piracy about the mouth of the Straits, and the establishment of the king’s rights to the fishings in the eastern and northern seas.533

The course upon which Charles had now embarked in reference to foreign fishermen was a revival of the policy of the “assize-herring” of James. No foreigner was to be allowed to fish in the British seas without obtaining, and paying for, a license from the king. James, as we have seen, demanded his right in a pettifogging way, sending a scarcely-armed and half-dismantled pinnace among 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, forbidding unlicensed fishing by foreigners. The opinion of the Lords of the Admiralty and their legal adviser (to whom appertained the jurisdiction of the fisheries) being emphatically in favour of the king’s claims, the draft proclamation was drawn up and submitted to them on 3rd May.534 It was approved, and published to the world on May 10th, four days before Northumberland joined the fleet.

In this proclamation Charles recited the provisions contained in the earlier one of 1609, “since which time,” he said, “neither Our said father nor Our Self have made any considerable execution of the said Proclamation, but have with much patience expected a voluntary conformity of our neighbours and allies to so just and reasonable prohibitions and directions as are contained in the same.” But finding by experience that all the inconveniences which occasioned 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 public declaration that Our resolution is (at times convenient) to keep such a competent strength of shipping upon Our Seas, as may (by God’s blessing) be sufficient, both to hinder such further encroachments upon Our regalities, and assist and protect those our good friends and allies, who shall henceforth, by virtue of our license (to be first obtained) endeavour to take the benefit of fishing upon our coasts and seas, in the places accustomed.”535

In connection with the proclamation several hundred licenses were prepared, the precise form of which appears to have occasioned some trouble.536 The duty of drawing them up had been remitted in April to Nicholas and Sir Henry Marten, and on June 14th a hundred of them were sent to Deal Castle for the Earl of Northumberland, with instructions 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 they shall fish without license, he is to send their vessels and fish into some of his Majesty’s ports till further order.” The Admiralty left to his own discretion what ships he should take with him, but they said he would require the bigger ships to repel such force as he might encounter, and the smaller ships to apprehend the fisher-boats.

The fleet remained at the Downs, victualling, taking in stores, and waiting for pilots acquainted with the northern coasts, from 24th June to 19th July. The masters of the ships were unwilling to risk the large vessels among “the sands and flats” of the east coast, or where there were no good harbours; and they were all of opinion that if they went at all, they ought to leave before 12th July, in order to fall in with the herring fleet north of Buchan Ness. In 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 decide the business they had in hand, for either the Dutch would take the licenses and pay the acknowledgment, or else the fleet “would put an end to that work.” There could be no doubt of success, because the men, he assured Windebank, were full of resolution to do the king’s service and gain credit to themselves. At the same time, he asked for further instructions with regard to his stay among the busses—those he had received, he said, being like oracles.537

On July 19 the English fleet weighed anchor and shaped its course northwards in its expedition against the Dutch herring-boats. It consisted of sixteen ships, one Whelp, and a frigate; and both Vice-Admiral Sir John Pennington and Rear-Admiral Sir Henry Mervin accompanied the Earl. Contrary winds compelled them to come again to anchor, but on the 22nd a fair breeze carried them to the north of Cromer, on the Norfolk coast. On Sunday, 24th, when at Tynemouth, the Admiral called all his captains together and gave them precise instructions in the event of their meeting with any considerable opposition from the States’ men-of-war guarding the busses. On the 25th, 26th, and 27th, foul and misty weather caused them to ride at anchor ten leagues off the coast. About noon on the 28th they descried sixteen sail of herring-busses accompanied by one man-of-war; and immediately the Dutch skippers observed the English fleet they made off “with all the sails they could pack on.” Northumberland’s unwieldy ships started in pursuit—“but in vain,” wrote the Earl, “for none of our ships could come near them.” The States’ man-of-war was less fortunate or more courageous. It was from the first far astern of the busses, 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 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 meet in with those which remained. Sir John Pennington was sent to the north as far as Buchan Ness, and Sir H. Mervin to the south as low down as Flamborough Head, each with instructions to use his best endeavours to get the Dutchmen to take the king’s licenses, while the Earl himself plied “to and again” between them. Next day—Saturday, 30th July—being misty and calm, Northumberland’s squadron lay at anchor. About noon they espied four or five sail at a distance, and as there was not a breath of wind, the boats were ordered to take the frigate in tow and go towards them; but a breeze soon springing up, all the ships weighed anchor and stood after them. On getting up to them they proved to be a Hollander man-of-war and a few busses; but the fog was so great that they were unable that night to get more than three of the busses, the skippers of which, as well as the commander of the man-of-war, were brought on board the Triumph. On Sunday four other busses were captured, and having been manned with English sailors and threats made that their nets would be taken from them, they at last consented to receive licenses and pay the acknowledgment, and Northumberland sent them away “very well satisfied.”539

Fig. 10.—Dutch Herring-busses under sail. After Van der Meulen.

On August 1 the Admiral stood into the Firth of Forth and despatched to Edinburgh a missive for the Court, telling the good news. Then the squadron from the 2nd to the 8th of August beat off and on the coast, going as far north as Aberdeen (5th August) and reaching twenty to thirty leagues off without seeing any busses. It then turned southwards, and on the 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 gott not above 20 of them, though wee spent divers shott to make them come in.”540 On the same afternoon Pennington’s squadron came up from the northwards, where they had succeeded in distributing only three licenses; and on this day three of the ships were sent back to port by reason of “divers desertes,” which made them unfit to keep the sea longer.541

Fig. 11.—Dutch Herring-busses hauling their nets, with convoying ship-of-war. After Van der Meulen.

Passing to the southward of the Firth of Forth on 10th August, the English squadron, before the day broke on the 11th, had the good luck to sail into a great fleet of about two hundred busses, which were guarded by five States’ men-of-war. To thirty-five of these fishing-boats Rear-Admiral Mervin, whose squadron was found here, had given licenses on the previous day, and Northumberland now distributed about a hundred more amongst them, and left the Convertive, the Bonaventure, and the Fifth Whelp to act as a guard to them on behalf of the King of England, with spare licenses for any other busses that might require them. Next day Northumberland disposed of a few more licenses and 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 Van Dorp, who, as we shall see, had been sent by the States-General to protect the busses and prevent the acceptance of the English licenses. The Dutch ships, as the Earl carefully recorded in his Journal, “tooke in all their flaggs, strucke their topsails, and every ship one after another saluted us with their guns, which we answered.” Van Dorp went on board the Triumph to explain to the English Admiral the reason of the presence there of the Hollander squadron, and when they departed they again saluted. On 22nd August the English fleet cast anchor in the Downs, and Van Dorp, having arrived too late to carry out the instructions of his Government, returned to the Flemish coast.542

From the foregoing narrative it is clear that the Dutch fishermen evaded as much as they could the acceptance of the king’s licenses. They endeavoured to escape when escape was possible, and only yielded when they were threatened with the loss of their nets and the interruption of their fishing; and it would have shown little wisdom for the 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 come to speak with, when they were made to understand the business, have been very willing to take licenses, and are most desirous of the King’s protection.” About two hundred licenses, he stated, had been distributed among the busses, and others were left with the ships he had appointed as their guard.543

As was to be expected, the revival in England of the policy of James as to unlicensed fishing by foreigners on the British coasts occasioned serious concern in the United Provinces. Since Charles came to the throne the Dutch had been careful to repress as much as they could any cause of further complaints from Scotland. In 1628, when they were informed of the continued “insolencies” of their fishermen, the States-General renewed their previous edict (see p. 179), and gave instructions that extracts from it should be sent to the Chancellor of Scotland; and they issued peremptory orders to the captains of the convoying ships and the masters of the busses and others to obey it strictly.544 When the Fishery Society was instituted, the States were kept advised by their ambassador in London of its progress and of the measures proposed to be taken at the 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, 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 with France and the Republic, and a special ambassador, Van Beveren, was sent over to the English Court to help Joachimi in bringing this about. He arrived in London in March 1636, and in April Coke and Windebank explained to him that the intention of the king in setting forth the fleet was to preserve and maintain his sovereignty and hereditary right over the sea, as well as to furnish convoys for the protection of traffic; and further, that no one could be allowed to fish in the British seas without express license from the king, and the rendering of a proper acknowledgment for the liberty. They told him that the Dutch fishermen would find the king’s protection against the Dunkirk privateers both advantageous and profitable. On asking for a statement in writing of the king’s claims, the Dutch ambassadors were coldly referred to Selden’s Mare Clausum.

In notifying the States-General of this conversation, Van Beveren asked for prompt and precise instructions how to deal with what he described as an important, dangerous, and far-reaching business. He was told by De Seneterre, the French ambassador, that he had received a similar notification, and that he had expressed the opinion that it was inopportune to raise at that time a prickly question that had been sleeping for five-and-twenty years, and which was equivalent to a tacit declaration of war against the United Provinces. At an interview which Van Beveren had with Charles on April 25th, he explained that the main object of his coming was to arrange for open and combined action against Spain and help to the young Elector to recover the Palatinate; but the king in a few words put the proposed alliance aside, and began to speak of the herring fishery. 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 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 Dutch fishermen at that time. It was doubtless with some knowledge of the state of affairs, that the Earl of Northumberland inquired in May if the king was still desirous that he should go north against the busses. But in June all scruples had vanished: the instructions were sent to Northumberland and the proclamation was widely disseminated. In the States of Holland the king’s edict was discussed at the beginning of June, and it was remitted to a committee, with Joachimi (then in Holland) and the Prince of Orange, for consideration, and to report as to what measures should be taken to protect the interests of the fishermen. The States finally resolved to do two things—first, to endeavour by all diplomatic means to get the proposed action of the king delayed, and second, to equip a strong fleet to protect the fishermen by force lest diplomacy failed.

In these anxious days Van Beveren kept a tireless eye on the English fleet lying in the Downs, and reported to the States-General from time to time anything he learned of its movements or the rumours he heard concerning it.547 Twelve days before it sailed for the north, he informed them that the general opinion was that it would return to the westwards to look for the French fleet. A few days later he discovered its real destination, and at once demanded an audience of the king. Charles received him very courteously at Windsor on the 17th July; assured him that he would treat the Dutch “as friends”; and explained that the measures to be taken by the fleet were of a peaceful nature, and were intended to benefit 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 that the wisest course would be to deprive the king of every pretext for open hostility. If the matter could only be prolonged under the pretence of negotiations until peace was concluded with Spain, then indeed France—ay, and even Spain too, he added—would join with the States in bringing the King of England speedily to reason. When Northumberland actually departed for the north, Van Beveren immediately informed the States-General of the important fact; but it was not long until the king was able to tell him that the fishermen had accepted the licenses and paid the acknowledgment “with good contentment.”548

The ambassador’s reports, and still more the accounts which soon poured in from the busses and the convoys of their treatment by the English fleet, raised a storm of indignation 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 Joost Bouwensz, and some of the other skippers who had taken the licenses, were loud in their complaints. The unheard-of proceeding was discussed in every seaport town.

The ordinary ambassador, Joachimi, then in Holland, was hurried back to England—at such a pace, indeed, that two of the horses in his carriage dropped dead in one day from exhaustion as he sped Londonwards. He was to express to the king the regret of their High Mightinesses that he should send his powerful “armada” among the poor herring fishermen, who had been so much scared and frightened that many had withdrawn from the fishing altogether and returned home; and the king was to be urged to suspend further action until the matter had been considered by commissioners to be appointed by both sides.549 In his audience with Charles, Joachimi avoided the long juridical arguments which used to tire the patience of King James. He laid stress on the close connection of the fishery question, so 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 formal paper handed to Joachimi a little later, in reply to his proposals and representations. In this Charles announced his firm intention to control the fisheries in his own seas. He would only permit foreigners to fish there if they accepted his license and “acknowledged” his right, that is, paid tribute. The request for a conference of commissioners to consider the question was rejected. The king could not with honour, it was said, listen to such a proposal. His right had already been publicly confirmed before the whole world, and was sustained and recognised by all the great kings in performing homage to the fleet at sea, as well as by the Dutch themselves, who were very glad of the protection afforded to them.550 Joachimi had to return to The Hague without having accomplished anything.

By another channel influence was brought to bear on the king to induce him to suspend the campaign against the Dutch fishermen. Elizabeth, the widowed Queen of Bohemia and the sister of Charles, resided at The Hague, patiently waiting for some lucky turn in the wheel of fortune which might replace her son in possession of the Palatinate. She was led to believe that the States would aid in this project, and in her correspondence with Sir Thomas Roe and Archbishop Laud she often murmured gently against her brother’s policy. When Joachimi was hustled back to London, she wrote to Roe that the Dutch were in great alarm about the herring-busses, and she breathed the wish that “all might be laid aside at that time” when they had so much need of the States; “the king,” she said, “might do it upon that consideration, and keep his 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 your Majesty,” continued Roe, “that this affair of ye king is a safetye, an honour, an happines, and utilitye to them, and will, if they know how to use it as a medicine, heale all ulcerations and discontents that have beene bred, or aggravated, by enemies of our mutuall and necessarye amitye.... Therefore I beseech your Majestie to inform the Prince of Orange clearely, there is noe other way, if they desire to reconcile, and to oblige the king at once; and if our amity be to them of any value, lett them beginn to doe right and honour to his Majestie,”—and they would get more than they hoped for in other things. At all events, he said, Joachimi had failed to get any satisfaction of his request to have the “execution” on the second fishing suspended, for a new command had been sent to the Admiral to visit the busses again.552

This was indeed the case. Northumberland’s success had gratified the king, and yet it was felt it had fallen short of what it might have been if they only had got among the busses in time. It was therefore resolved to send the fleet among the Dutch fishermen who came to the Yarmouth fishing in September and October, and to continue the process of 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 others owing to the season and the place—shoal waters; and if they avoided the king’s ships, he said, as they did in the north, it would be impossible to bring any numbers of them into “conformity.” He also requested fresh licenses, because some words in those he had would require to be blotted out, which “would not be so handsome to be seen abroad.”553

The weather being stormy, they had to anchor one night off the North Foreland and the next off Lowestoft, reaching Yarmouth Roads on the 18th, where they lay for a few days getting pilots and gathering information about the Dutch fishermen. Hearing that some Holland men-of-war were cruising outside, the Earl guessed that the herring-boats would not be far off, and the wind being fair, the fleet weighed anchor on the morning of the 22nd and stood out to sea. When clear of the sands they again anchored, and the ketch was sent out during the night to discover the whereabouts of the busses, but without success. Next day the fleet stood off farther to sea, but failed to see or to hear anything of the Hollanders, and being joined by a ninth ship, the Swallow, the fleet lay at anchor in “blowing weather” about ten leagues from the coast until Monday, September 26. Two of the ships, the James and the Nonsuch, had been driven out of sight by the gale; two, the pinnace and the Fortune pinck, had to run nearer shore for fear of foundering; and the Admiral sent the two London ships, the Jonas and the Neptune, into port, because they were insufficiently victualled. On this day news was brought from 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 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 sight of them. All Sunday it also “overblew,” but as the weather grew calmer at night the squadron again got under way, and by daybreak was among the busses, which were, no doubt, busily engaged in hauling their nets. Northumberland stayed amongst them until October 5, the ships’ boats being kept occupied each day in distributing the licenses; but they “found it a very troublesome business,” as the busses dispersed, and it became difficult to distinguish those that had taken licenses from those that had not. The weather growing misty and unsettled, and the Admiral being “out of all hope to give out any more licenses,” the squadron quitted the herring fleet and made for Yarmouth, where the Earl landed on October 9 and journeyed to the Court. Altogether, at the Yarmouth fishing, more than 200 licenses were distributed among over 400 busses which were present, and no opposition was offered by any of the fifteen men-of-war which were guarding them. “The unwillingnesse of the busses to come neere us,” wrote Northumberland to the Admiralty, “hath found us intertainement for 8 dayes together in following them, but now we have left verie few of them unprovided of his Majesty’s licenses.”555

Thus ended the campaign against the Dutch herring-boats, from which, as we have seen, Charles desired to reap profit as well as honour. So far as the profit went, it did not amount to much. Appended to the official journal of the voyage of the fleet is a statement of the 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 merchantmen and small traders to Dunkirk and Ostend.556 Small as the amount was, it greatly exceeded what was exacted from the Dutch busses for king’s license and protection, the total being £501, 15s. 2d., collected in a variety of coins.557 The detailed schedule is as follows:—

“In Rix Dollors 878 163 10 08
In halfe Crownes 145 018 02 06
In pieces of 3s 40 006 00 00
In Kunnings Dollors 100 025 00 00
In Ryalls of 8 134½ 029 02 10
English money 018 12 08
English Gold 119 13 00
Dutch and Scotch Angells 015 15 00
Hungare Duckats 7 002 09 00
Dutch and French money 001 05 00
Dutch shillings 066 00 00
Double Stivers 030 00 06
Single Stivers 005 06 00
In Silver 000 18 00
501 15 02”

Fig. 12.—Facsimile of the official account of the monies received from the Dutch herring fishermen for the king’s licenses.

There is probably no circumstance connected with the English claims to the sovereignty of the seas that has been more frequently misrepresented by historians, pamphleteers, and writers on international law than the operations of Northumberland’s fleet, and in particular the amount paid by 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 deliberately misrepresented it. Under the hands of various authors the sum of money gradually became swelled to £30,000, or even to £100,000, and it was represented as a rent paid by the Dutch for permission to fish, and played an important part in all later controversies and negotiations.558

The doings of Northumberland’s fleet at the Yarmouth fishing caused increased excitement in Holland. Van Beveren knowing, as he said, that the English ships had not gone northwards “to catch flies,” immediately sent intelligence of its departure to Admiral Van Dorp, so that he might extend his protection to the Dutch fishermen. Early in August the Admiral had been expressly instructed to guard the fishermen “from the Spanish and all others inclined to molest them”; and he had a fleet of fifty-seven sail under his command for this purpose.559 But Van Dorp was too late. As we have seen, he met the Earl of Northumberland on the 20th August returning 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 September, and on the very day that Northumberland left the Downs for Yarmouth the Dutch fleet was actually lying at that port. Van Dorp again missed both the English squadron and the herring-busses, and resumed “plying to and again” between Dover and Calais.560 The States-General were much incensed at this failure of their Admiral to prevent the distribution of the licenses. As they well knew, it furnished Charles with a precedent, and with the argument that the Dutch fishermen desired his protection and were willing to accept and pay for his licenses. When a suitable opportunity occurred in the following year, they forced Van Dorp to resign his office.561

As the herring-fishing was now over for the year, the States had time to consider what they ought to do in the following season if Charles persisted in his attempts. On two occasions it was resolved to issue an edict forbidding the fishermen to accept licenses from any foreign prince;562 and this would certainly have been done had Charles adhered to his policy. But the States naturally hesitated, until it should be absolutely necessary, to take a step which would at once have placed them in direct antagonism to England 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 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 unsuccessful to England at the close of the year. He came back full of bitterness at the perfidy of Spain, and persistently urged a French alliance, even if it should lead to war with the former Power. The strenuous arguments of Arundel, as well as the treatment of his mission, caused Charles to turn again to France, the ally of the Dutch Republic; and Richelieu promptly proposed an alliance against Spain and the Emperor, one result of which would have been to range England and the States on the same side in a maritime war.563

At such a conjuncture the promulgation of the edict of the States-General would have been unfortunate, and Arundel requested George Goring, who had gone to The Hague, to see the Prince of Orange in order to get it suppressed. But the Prince of Orange, while anxious enough to avoid further trouble with England, desired, before he consented, to receive an assurance that the king would cease from molesting the Dutch fishermen in the ensuing season. The Queen of Bohemia urged the same course. She “humbly besought” her royal brother to suspend further execution of his right, which, she said, he might take up again when he would, without any prejudice, “as the king, our father, did.” Charles was loth to give an assurance so wounding to his vanity, and so opposed to what he conceived to be a chief prerogative of his crown. In the autumn 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 it was “more than manifest” there would be so much other work for his navy that the business of the fishing must needs fall asleep of itself. He would advise a silence on all hands in regard to it, and not to interrupt “business with moving a question about that which would necessarily do itself (sic) without questioning.” Sir Thomas Roe also sent the queen assurances in the same sense. The king, he said, would never retract his declaration of the dominion of the sea, but “only for this year, and at the request of the Prince (her son) and in contemplation of concurrence expected with him, he will not trouble their fishing.” These assurances seemed so far satisfactory to the States that the edicts were suppressed. They would be well content, they informed Elizabeth, if the king “forgot it and spoke no more of it,” which she told them she was confident he would not, having things of greater importance on hand.564

The young Elector, Prince Charles Louis, took a considerable part in the conversion of the king; or rather, he was made use of by the Dutch ambassador for this purpose. When Van Beveren first arrived in London, he let it be known that the States were desirous of doing something for the Prince; but his hint was not then taken up, since hopes were entertained that Arundel’s mission to Vienna would make other aid unnecessary.565 Arundel was recalled in September; it was known that his mission had failed, and early in October Van Beveren saw his opportunity. Through a trustworthy friend566 the suggestion was made to the Elector that if some arrangement could be come to about the fishery question, negotiations might be begun for a treaty between the States and England relating to the recovery of the Palatinate. The ambassador learned 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 continued, and finally a draft treaty was prepared embodying two proposals. The first agreed well enough with Van Beveren’s instructions. It was to the effect that a fleet should be equipped to which England should contribute thirty ships and 8000 men, and the States fifteen ships and 4000 men; and France was to be asked to furnish the same force as England. The combined fleet was to attack Spain by sea and effect a landing. The second proposal related to the fishery, and it provided that while these operations were going on, the Dutch herring fishermen would be allowed to fish freely and in security, as they had always done from the time of Queen Elizabeth and King James, approaching the coasts near enough to carry on their fishing profitably, and to dry their nets on shore, without the king interfering with them in any way.567

This proposition, at first sight apparently favourable to the States, was rejected by Van Beveren. Although it got rid of the difficulty for the time, the question was sure to be 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 to exclude them from the fishery. The ambassador was afraid of a precedent which bargained as a quid pro quo for what was claimed as a right; and the negotiations went no further.

But Charles, although unwilling to risk the success of the treaty with France, from which great things were expected, by openly insisting upon the acceptance of his licenses by the Dutch fishermen, was reluctant to abandon his policy. From the readiness with which the fishermen had taken the licenses after they “understood” them (as Northumberland reported), he was apparently led to believe that they really desired his protection, and that the only obstacle in his way was the opposition of the States’ Government. He therefore decided that instead of trying—or at least before trying—to enforce the licenses by means of the fleet in the ensuing summer, the attempt might be made secretly to induce the fishermen to accept them in Holland before they left for the fishing. Boswell, the English ambassador at The Hague, was instructed to try what could be done in this way, and so anxious was Charles for such acknowledgment of his sovereignty 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 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 authorities.568 The Dutch fishermen were a practical race of men. They cared little for abstract questions about the sovereignty of the sea. But they suffered much from the Dunkirk privateers, and the burden of maintaining convoys was a heavy one. Any reasonable scheme which promised to free them from the attacks of their relentless enemy at small cost was bound to be attractive. That the proposal was seriously considered was also shown by a spontaneous application made to the Secretary of the English Admiralty on behalf of the fishermen of Schiedam. The agent in London, Mr Brames, who supplied them with lampreys for bait, wrote to Nicholas for a copy of the license granted in the previous year, with a statement of the rates charged. If the fishermen were pleased with the license and the price, they would, he said, come themselves for them. Charles instructed Nicholas to give the information wanted, but only “as from himself.”569

An unexpected obstacle intervened to prevent the plan being carried out. Gerbier, the British agent at Brussels, chiefly by bribing the mistress of the Cardinal Infant, had secured a promise that the passports 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 attention to no passport that did not come direct from Madrid.570 Thereupon the Dutch fishermen refused to have anything to do with the licenses which had been sent to Boswell “under the King’s hand and signet.”571

Still, the peculiar resources of Charles were not exhausted. He might yet, he thought, be able to distribute the licenses among the fishermen when they came to fish off the British coast, without employing his fleet for the purpose, or running the risk of war with the Republic. The third ship-money fleet had assembled 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, prevented the king from renewing his enterprise against either the French for the honour of the flag or the Dutch in connection with the fishery. The fleet, therefore, to the wonder and discontentment of the officers, was kept for the most part lying at anchor, ships being occasionally detached for special purposes.

On 3rd July, Windebank wrote to the Earl of Northumberland telling him of the failure of the secret treaty with the Cardinal Infant, and saying that it was the intention of the Hollanders, who had refused the king’s licenses sent to Boswell, to fish in his Majesty’s seas as heretofore, many of the busses having already left Holland under strong convoys. By the king’s commands he sent him about 200 licenses, “and withal his pleasure is,” said Windebank, “that you dispatch immediately 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 cause some of his fleet to accompany them homewards for their defence.” But if the fishermen refused to take the licenses, then the Earl was to notify the fact to the king, who would “take further resolution.” Sir William Boswell, added the Secretary, had been informed of the king’s intentions, and told to assure the fishermen willing to take the licenses of his Majesty’s protection. The Cardinal Infant and the Spanish Ministers had also been informed, and did not well relish it.573

This despatch, sent by express messenger, appears to have somewhat surprised the Earl. His clear intelligence must have told him that a tortuous and fatuous proceeding of this kind could only end by making the king ridiculous. He apparently wished Charles to reconsider the matter, and asked for further directions. Ignoring part of Windebank’s letter, he inquired how Captain Fielding, whom he intended to send, should behave himself if the fishermen proved obstinate and refused the licenses; and he pointed out that if they accepted 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 without sending his whole fleet, which would be a manifest engagement and obligation to him in honour to perfect the work upon any conditions, and notwithstanding any opposition whatsoever, and might be of dangerous consequence, and destructive to the present condition of his affairs. And therefore he chooses rather to attempt it with as little noise as may be, that if the business take not in this way it may receive the less blow, and in case of their refusal he may have time deliberately to consider what resolution to settle.”575

At this time Charles was very anxious to be on good terms with the States. Van Beveren, the special Dutch ambassador, who was returning home, was very cordially received by him on taking his leave on 16th July. The king then insisted on the States entering the alliance, and he expressed his pleasure at the courtesies which had been shown to the Prince Elector. Besides the usual gifts on such occasions, Van Beveren tells us 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 faith in the assurances received through the Queen of Bohemia. They resolved to err on the safe side by equipping a powerful fleet to protect the busses. In April and May, Pennington reported to the Admiralty that Van Dorp (not yet cashiered) was cruising between the Downs and Dunkirk with twenty sail of stout men-of-war, and that he heard that six French warships were bound for the north to aid in guarding the fishermen.577

Fielding departed on his mission in the Unicorn, one of the ships furnished by London, and on the morning of 18th July he came among the busses fishing off Buchan Ness, Aberdeenshire. They numbered between six and seven hundred, and were convoyed by twenty-three men-of-war. Fielding, according to his account, “found the busses very willing” to take the licenses, and two did 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 the following day all the commanders of North and South Holland and of Zealand, with three other captains, told him “that they durst not let his boat pass among the busses to give out his Majesty’s licenses before they had orders from their Masters.” This was their answer, but they declined to give it in writing. The Unicorn then made sail for England to report the rebuff.578

The result of his manoeuvre was mortifying to the king. Fielding, sailor-like, did not conceal the outcome of his mission in diplomatic reserve. The story soon spread throughout the fleet, and occasioned both hilarity and indignation. When Fielding left, Pennington expressed the opinion to his 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 campaign of the year before, Charles was now practically warned off his own seas, “as he is pleased,” said Pennington, “to call them.”579 It was a pitiful position for the Sovereign of the Seas, with a great armada lying idle at the Downs and his bombastic declarations still echoing in the ears of Europe.

As soon as it was known at Court that the story had got out, Windebank was commanded to take such measures as he could to contradict it. To duplicity was added mendacity. Fielding in his report had described an occurrence he witnessed on returning along the coast to Scarborough. Thirteen Dunkirkers had attacked a Dutch man-of-war, and as the Unicorn came upon the scene the latter sank, and the English captain unsuccessfully endeavoured 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 Dunkirkers had prepared a great strength to intercept them in their return from the fishing,” had sent Fielding, “in love to them,” to give them notice of it, and to offer them safe-conduct. “This,” said Windebank, “you are publicly to advow whensoever there shall be occasion, and to cry down the other discourse as scandalous and derogatory to his Majesty’s honour.”580 Similar directions were sent to the Earl of Northumberland.

At the beginning of August 1637, Charles, conscious of the ridicule that would ensue if the third ship-money fleet lay at anchor all the year, and yet having nothing for it to do, sent it to the west—“to make one turn in an honourable procession, to continue the boundaries of our master’s dominion in the sea,” as Roe, with gentle sarcasm, described it. It got as far as the Land’s End, and returned to the Downs on 5th September, having “scarce seen a ship stirring on the sea, except the poor fishers that dwell upon the shore.”581 Windebank told Northumberland that the king was “very sensible” of the story 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,” and in the meantime to “make reparation by divulging this and suppressing the former report.”582 Captain Fogg readily agreed to suppress “the false report,” as he called it; but what Northumberland’s answer was does not appear. He seems to have received the king’s commands only on returning to the Downs, and he left the Triumph a few days thereafter. What he thought is not doubtful: he was getting disgusted at his employment. “No man,” he wrote to Roe, “was ever more desirous of a charge than I am to be quit of mine, being in a condition where I see I can neither do service nor gain credit.”583

There is clear evidence indeed that by this time the naval officers, as well as the people generally, were becoming tired of the king’s great pretensions and small performance. Even Pennington, a simple, loyal, unimaginative man, always ready to obey orders, had begun to joke, as we have seen, at the king’s seas, “as he is pleased to call them.” Throughout the country 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 realm of England, he said, “was and is now more neerely concerned then in late former tymes, as well by divers councells and attempts to take from Us the dominion of the seas (of which we are sole Lord, and rightfull owner and proprietour, and the losse whereof would bee of greatest danger and perill to this kingdome and other our Domynions) as many other waies.”585

Fig. 13.—The “Sovereign of the Seas.” After Vandevelde.

The king’s dominion on the sea was rapidly waning. Fielding’s ignoble mission was the last attempt that fate permitted Charles to make in actively asserting it. The shadow of the coming revolution was already upon him. The trial of Hampden for refusing to pay the ship-money focussed the attention of England, and it was followed by complaints of other grievances arising from the personal government of the king. The popular tumult in Edinburgh in the summer about the new Liturgy had as a sequence the National Covenant and insurrection. Charles found another use for his fleet than the enforcement of his sovereignty of the sea in the expedition to Scotland 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, sceptre and trident, and anchor and cable, with the inscription, Carolus Edgari sceptrum stabilivit aquarum—Charles established the dominion of Edgar over the seas; and on the “beak-head” sat the effigy of King Edgar, trampling on seven kings.586 As its name implied, it was meant to be a symbol as well as an instrument of the king’s sovereignty of the seas; and it was symbolical of it in a sense undreamt of by Charles. It was costly, highly decorated and begilt, but useless until it was cut down and made serviceable under the Commonwealth. He inserted it in the list of ships to serve in the fleet that assembled in the Downs in 1638, but it was not ready to join.

This fleet consisted of twenty-four king’s ships and seven merchant vessels, and, owing to the illness of the Earl of Northumberland, it was placed under the command of Sir John Pennington.587 It did still less than the fleet of the previous year. Two 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 despatched to the north to intercept supplies of arms and munitions of war from Rotterdam and Bremen to the Scots. There was not even the “one turn in an honourable procession” to the westwards as in the previous year, and the fleet rode idly at its anchorage.

The question of the “homage of the flag” had by this time also fallen somewhat into the background. In the two preceding years it had been enforced with much zeal. In 1636, when Northumberland’s fleet was among the herring-busses, Captain Carteret, in the Happy Entrance, forced a Spanish fleet of twenty-six sail to strike to him off Calais, though they tried their best to avoid it. A Dunkirker was also made to strike and “lie by the lee” off Nieuport by Captain Slingsby. But the French still refused to lower their flag when on the other side of the Narrow Sea. Sir Henry Mervin, on meeting two French 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 to strike. One refused till many shots were fired, excusing himself afterwards by saying he thought the English ships were Dunkirkers. Straddling took him into custody, and lodged him in Plymouth fort “to answer his insolence and contempt of his Majesty’s regality in these seas,” and he remained a prisoner there for a fortnight before he was released by order of the Admiralty.588 But in 1638 there were few incidents of this kind, probably because of the fleet lying at anchor so long, though it may be supposed that the general condition of public affairs did not whet the zeal of the naval officers.

It was not long before advantage was taken abroad of Charles’s troubles in Scotland. In the early part of 1638 Pennington reported that there were many Hollander, French, and Dunkirk ships at sea, and that they were pillaging English vessels;589 but the king was unable to protect even the herring-busses of the Fishery Society that he had taken under his peculiar care. The Dunkirkers, emboldened by immunity, took four of them in 1639, and then daringly anchored in the Downs. The Dutch 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 to be very bold in our seas, and lie about Portland with fifty sail, examining and searching all English ships and others which pass by them, so that in effect they command where the King challenges sovereignty.” The English merchants, he said, made great complaint that their trade was likely to be destroyed; they were “much perplexed, and called to mind tonnage and poundage, for which his Majesty was pleased to promise thirty sail of his ships to secure trade in the Narrow Sea.”590

The truth was that English ships had been engaged in transporting Spanish troops and bullion to Dunkirk, and that the Dutch were merely exercising their rights as belligerents. Their action was nevertheless a plain flouting of the high pretensions of the king, and it was the more disagreeable because Charles had now again veered round to the side of Spain. He was much moved at the “insolencies” of the Hollanders, which “concerned his honour” and “put his sovereignty in hazard”; and the Earl of Northumberland, who had been created Lord 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 took occasion by such pretences of interruption of their trade to make difficulty to pay their ship-money, which his Majesty is resolved to maintain.” The king therefore commanded Pennington to put a stop to these affronts and to preserve the sovereignty of the narrow seas, so “that trade may be free and open, as well to his Majesty’s subjects as to others in league and amity with his Majesty, and that peace be kept and the merchants secured according to his Majesty’s proclamations and declarations published heretofore to that effect.”591

It was one thing to indite imperious commands in London as to the necessity of maintaining the king’s sovereignty of the seas; it was quite another thing to carry them out in the Channel in the presence of a powerful Dutch fleet under the new Admiral, Maarten Harpentz Tromp. Pennington, conscious of his impotency, tried at first to justify, or at least to extenuate, the action of the Dutch 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 should happen, because, he said, the Dutch were in great strength, and it was reported that the French fleet was about to put to sea. Pennington was nevertheless ordered to prevent the affronts as best he could. He then said he would do his best; but he had only four ships available, and he asked for express orders how far he should proceed if he were resisted with overmastering strength.592

But the question of the right of search was for the moment relegated to diplomatic channels, and before anything could be done, either by peaceful agreement or by Pennington’s ships, another event put an end to it, and dissipated the king’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 of the King’s Chambers within three years of the appearance of Selden’s Mare Clausum—an injury which he was as unable to prevent as to redress—proclaimed to Europe that he was no longer sovereign over the sea that was incontestably his own.

At the end of August a large Spanish fleet, consisting of some thirty great galleons and thirty-six transports with troops for Flanders, set sail from Corunna. On 6th September it was attacked in the Channel by a Dutch squadron of seventeen ships, and a running fight was kept up, the Spaniards passing eastwards off the English coast. Tromp, engaged in blockading Dunkirk, heard the cannonading, and on the 8th he joined the Dutch squadron with fifteen sail, when a fierce battle took place in the Straits of Dover.593 The Spanish Admiral, Don Antonio de Oquendo, having expended all his powder, took refuge with his shattered galleons in the Downs on 9th September, whither Tromp followed him. Great anxiety was felt in London, first of all lest the powerful foreign fleets should refuse to strike to the small English squadron under Sir John Pennington, 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 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 remained in the Downs facing one another. The Spanish Admiral, a few days after his arrival, succeeded under cover of night in despatching to Dunkirk some of his smaller vessels laden with soldiers. Tromp and Oquendo appealed to Charles through their respective ambassadors, “and then ensued an auction, the strangest in the annals of diplomacy, in which Charles’s protection was offered as a prize to the highest bidder.”595 On the one hand, he demanded £150,000 from Spain, and better treatment in the business of the Palatinate, as the price of securing the safety of the Spanish fleet.596 On the other hand, he declared himself ready to abandon the Spaniards to Tromp, if France would come under a binding promise to place Charles Louis at the head of the army which had been commanded by Bernard of Weimar—as a means, of course, to recover the Palatinate.597

While waiting the highest bid from one or the other, the king’s commands regarding the fleet were puzzling and contradictory. Smith, Northumberland’s secretary, who carried on a confidential correspondence with Pennington, wrote to him that the king, when the difficult situation of the English fleet was explained to him and he was 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 should demean yourself.... To all this he told me that he had often pressed his Majesty to declare his resolution, but never could get any.” Smith privately advised Pennington to make a show of assisting the Spaniards if there was a fight, but not to run himself or the king’s ships into danger where there was no hope of victory and “the only expectation was hard blows and hazard.”598

Desperate efforts were hurriedly made to strengthen the English fleet. Ten additional ships were being got ready, and Northumberland intended to take command himself as soon as they reached the Downs, but of the 3000 men which the Admiralty were “labouring” to procure for them, only 300 could be obtained; they did not join Pennington till some days after the battle. Pennington had been ordered to press into his service all English ships he could lay his hands on, and to employ them “in any warlike manner against any that shall presume to affront his Majesty, or derogate from his sovereignty in these parts.”599 Ten vessels were thus pressed; but it was impossible 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 to cause them to be taken in; if refused, they were to do their best to sink the offending ship.600 The “any others” meant the French, who were expected daily in the Downs, and whose arrival there was regarded with apprehension. The general opinion was that they would refuse to strike when they came, and, in that event, what would happen? “That,” said Smith, “will set us all in combustion, for then we must strike them, although peradventure to our own prejudice. But this punctilio of honour,” added the secretary to the Lord High Admiral, with prophetic instinct, “will one day cause more blood to be drawn than ere it will bring profit or honour to our king.”601

Meanwhile Tromp and his resolute men were getting impatient. Since they had cooped up the hated Spaniard in the English roadstead, they had been reinforced from Holland, so that the Dutch fleet was soon in the overwhelming strength of a hundred sail. Tromp also knew that Charles had arranged (for a substantial consideration) to supply the Spanish Admiral with gunpowder, of which he stood in dire need, and that thirty Dunkirk sloops had succeeded in joining Oquendo. Above all, he had in his pocket the express orders, just issued by the States-General, “to destroy the Spanish fleet, without paying any regard to the harbours, roads, or bays of the kingdom where it might be found.”602 He promptly seized an opportunity to carry out his orders. Information reached London on 8th and 9th October that the Dutch were preparing to attack. Commands were at once sent to warn them to desist, and they 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 (although he affected to believe the Spaniards had begun the combat) he “chased and shot at the Hollanders” until they were all beyond the South Foreland; but the Hollanders took no notice of him. On the morning of the battle Tromp sent a letter to Pennington which was more than tinged with irony. Since the Spaniards, he said, had infringed the conditions fixed by firing at him first, the English Admiral should assist him in fighting them, “according to his Majesty’s orders.” At all events he—Tromp—was resolved, by instructions from his masters, to fall upon his enemies, and to defend themselves “against those that shall resist them.” The Dutch would rather die as soldiers, he said, “with his Majesty’s leave in clearing his Majesty’s Road,” than fail to carry out their orders; and he hoped that this would be “acceptable to his Majesty, but if his Majesty should take any distaste we hope he will graciously forgive us.”

After pursuing the remnant of the Spanish fleet to Dunkirk, the Dutch Admiral returned triumphant to the Downs, and saluted the English squadron by striking his flag and firing nineteen guns,—“as a token,” says an ironical observer, “that his Majesty was Sovereign of these his seas!”603 Tromp 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 off from the Downs,—a circumstance which Pennington reported with satisfaction. Had the Dutch Admiral shown the same willingness to strike to the flag of the Commonwealth when he encountered Blake thirteen years later, the war that followed might, perhaps, have been averted, or at least postponed.

Charles was very naturally highly incensed at this open flouting of his authority. It was an ugly blot on the lustre of his ancient prerogative, and a painful proof of the contempt in which his much-vaunted naval power was held by the Dutch Republic, and—what perhaps he felt quite as much at the time—it robbed him of all chance of blackmailing Spain. When that Power was asked to pay the great sum above mentioned, the Cardinal Infant put the proposal aside, considering that it was the king’s own interest to protect the Spanish fleet; and when Tromp’s precipitation broke in on the negotiations, it was decided to withhold any payment at all until it was seen how Charles would resent the injury done to Spain.604 At first he resolved to punish the affront. Pennington was ordered to cause the Dutch fleet, which 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 demonstration of it, and demand and expect such reparation as in honour he is obliged.” But he was quite unable to carry out his good intention. It was in vain that he was urged from Madrid to take strong measures against the Dutch; to seize their property; even to invade Normandy as a punishment to their ally.606 He had no fleet and no money to enable him to cope with the Dutch Republic, even if the condition of home affairs had permitted the attempt. On the contrary, to such a level had he fallen by his stubborn ineptitude that the English Minister at The Hague was ordered to avoid even a remonstrance about Tromp’s high-handed action in the Downs. If the States-General mentioned the matter to him, he was to say that he had received no instructions, “and so to refuse any conference on that particular.”607

The Dutch Government had expected that Charles would raise loud complaints, and they decided to take a bold attitude. On the day that they received news of Tromp’s victory the proposal was made to send over an ambassador, and Aerssen Van Sommelsdijck, who was chosen for the mission, reached London early in November. There was to be no attempt made on this occasion to appease the king with soft phrases and show of submission. Aerssen was to complain of the action which England had for a long time taken in favouring the Spaniards. 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 the Dutch. On the 1st October, while the belligerent fleets were at anchor in the Downs, his representative at the conference at Hamburg proposed that if the Republic joined the projected alliance with France, Charles would grant them liberty to carry on their herring fishery in the narrow seas. At the very time that Tromp was battering the Spanish galleons in the King’s Chamber, the States-General were engaged in passing the resolution “that they did not intend to ask for the right of fishing in the North Sea from any one.”609

A year later, the Long Parliament began its sittings at Westminster, and Charles was rapidly stripped of sovereign power within his own kingdom. The Dutch, conscious that they and not the King of England were the real masters of the sea, became overbearing in their conduct. More than ever their fishermen indulged in the bad treatment of British subjects, which this country was unable to prevent. But their triumph 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 civilisation is indebted for immense advances, both material and intellectual—was comparatively small. From about the middle of the seventeenth century to the peace of Utrecht, in 1713, the Dutch Republic was involved in almost constant wars with its Continental neighbours, and the herring-fishery and the trade in general suffered severely, and never afterwards regained the prosperity they formerly enjoyed.


                                                                                                                                                                                                                                                                                                           

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