(1) Molloy de jure ma

ritimo, c. i. fect. 10.

sulted and wronged by them, and also by the French ;

force be used in their countries against men, but that of law, and where that is open, the right of hurting • ceaseth. The Carthaginian fleet was at anchor in Syphax's port, who at that time was at peace with the Romans and Carthaginians; Scipio unawares fell into the fame haven: the Carthaginian fleet being the 6 ftronger, might eafily have deftroyed the Romans; but yet they durft not fight them. The like did the Venetian, who hindered the Greeks from affaulting the Turkish fleet, who rid at anchor in a haven then under "the government of the Republick: fo when the Vene• tian and Turkish fleet met at Tunis, though that very port acknowledges the Ottoman emperor, yet in regard that they are in the nature of a free port to themselves, ⚫ and those that come there, they would provide for the C peace of the fame, and interdicted any hoftile attempt to be made there. But they of Hamborough were not ⚫fo kind to the English, when the Dutch fleet [in the first • Dutch war in the time of Charles II.] fell into their road, where rid at the fame time fome English mer'chantmen; whom they affaulted, took, burnt, and fpoiled; for which action, and not preferving the peace of their port, they were, by the law of nations, adjudged to answer the damage; and, I think, have paid moft or all of it fince (1). And, indeed, nothing is more reasonable than for fovereigns to afford protection to the subjects of those princes that are in amity with them; it being abfolutely neceffary to the encouragement of commerce, and the fecurity of fuch of their own people who are in foreign parts. None but governments weak in power or understanding, fail of doing it. However, 'tis certain, Charles did not, or could not, maintain the neutrality of his ports, but fuffered the fùbjects of friendly powers to be attacked and taken in them.-Lord Strafforde, in a letter to Mr. fecretary Coke, dated Dublin, Aug. 3, 1633, has the following paffage. I received a letter from captain Plumleigh, which certified, that the 29th of the last month, a man of war and a fhallop,

⚫ which

French; nor did he ever receive fatisfaction

་

for

which alledge themfelves to be of St. Sebaftian's in Biscay, had taken a Hollander, lying fecurely at an ⚫ anchor in Black Rode in the mouth of this river, by furprifal in the night; and having boarded her, and · cut her cables in the half, haled her away into the fea, 'the king's fhip being all the while within a league, yet perceiving nothing till a Bristol man, which lay clofe the Hollander, and fearing like measure, flipped his cable and anchor, and fo run off to the king's fhip, and gave captain Plumleigh to understand thus much. Whereupon the captain commanded to weigh, and fetting fail after them, very fortunately light upon the pirates about St. David's-Head, and recovered the fhip 'from them again the laft of July, bulk not broken, and thirteen of the pirates on board her, and had not the man of war put from him upon the fhoals, he had ⚫ taken him too; but not daring to adventure the king's 'fhip for want of water, he escaped. Howbeit, we have the Hollander here again in harbour, and those fourteen ' taken on board her in this caftle, two of them are • Irish, the reft are Spaniards. I am of opinion, it will prove they have letters of mart from the king of • Spain (m). And in another letter to the fame perfon, (m) Strafdated the 28th of August, we have the following paffages. ters and The Dutch trading hither [to Dublin] are fo dif- difpatches, couraged, by reafon of the continual depredations of vol. i. p. thefe Biscayners, as they are ready to leave the kingdom, 100. beginning already to call in their monies and goods, and forbear to trade with us; which, confidering we have here no fhips of our own built, nor yet any of the natives that give themselves to trade abroad, would infinitely impoverish this ftate, and wholly overthrow his majeftie's customs.-I thought further reasonable to advertise you, that I hear there is another of the Bif cayners that lies in the river of Limerick, and there took • a Dutch ship in harbour, forcing thofe merchants to ranfom their men by payment of 200. How they dealt with two others in the harbour of Caricfergus, Ꮮ

6

• the

forde's let

(r) Straf

ters and

dispatches,

vol. i. p.

106.

154.

for the affront put on him by the Dutch admiral,

the letters inclosed of my lords Claneboy and Chichester • will fhew you. There are others of them on Waterford fide, and fo they begirt us round. I must also affure you, there are three fquadrons of these pilferers belonging to St. Sebaftian's, whereof one fquadron is always in action, another returning, and another is fitting again to fea; and thus have they put themselves in a fet and continued pofture of robbing and fpoyling. These particulars admit no excufe, but that the Hollanders this fummer did the like to them in England, taking them from under the king's caftle, for which as yet they have had no fatisfaction, as indeed I confess "it were most meet they should (n).'—And his lordship forde's let afterwards fpeaks of a barbarous flaughter of fix of our men upon the ifle of Man, by one of the Spanish captains (). In a letter from Robert earl of Leicester to Mr. fecretary Coke, dated Paris, 23 Oct. [2d Novemb.] (0) Id. p. 1636, we have the following account of the behaviour of the Dunkirkers. The feas are now dangerous, by reafon of the Dunkirkers; and the other day Battiere, my fecretary (who hath lately been with your honor), in his returns between Rye and Deepe, being in the English paffage-boat with my lord Dacres, and fome other gentlemen, they were met by the Dunkirkers, who (notwithstanding they were English, and provided with good paffports) ufed violence against them, and robbed them, taking away from Battiere, in particular, amongst other things, divers letters directed unto me, and about 50. in Spanish piftoles, which he faid was money committed to his care for George Hearne, one of his majestie's fervants, who was in the fame boat, and rifled alfo; and if the fight of a Holland man of war had not made them go away, they had ufed them wore. The particular declaration, which Battiere and the reft made at Deepe, with the mafter of the boate, before the lifetenant of the admiraltye, I will fend, God willing, the next week unto your honor, that fome order may be taken for the fafetie of the paffage;

• for

admiral, in destroying the fleet of Spain in

his

< for if he had had the king's packets, it is likely they

• would have runne the fame hazard, which are injuries

435.

not eafily to be endured (p).'-Nor was this all. Eng- (p) Sydney's land now was in a low ftate, and as fuch was ill-treated fate-papers, by her neighbours around her. For the French bore hard vol. ii. p. on the merchants of this kingdom, as well as the Spaniards and Dutch. It is moft true,' fays lord Leicester, then ambaffador in France, in a letter to Mr. fecretary Coke, dated September, 1636, that the French commit frequent and unfufferable infolencies upon the English, and protect them with injuftices as great. His majeftie's minifters may follicite, and many times pre❝vaile; but yet the merchant will be a lofer, even in the • reftitution, and that will make them fo afraid, that certainly the trade muft needs fuffer exceedingly, efpecially if the French perfift in this dealing; which is little better than treachery, to take the English fhips that are laden, in their own portes of France: therefore, fir, I could advise, whenfoever any English fhip is taken by the French, and the owners have fufficiently proved in our admiralty, or the place where it may authentically be done, that the faid fhip was unjustly taken, and that, upon remonftrance of the fame unto this ftate, juftice be delayed, that then his majesty will ⚫ be pleased to give his officers, which command at sea, • orders to take the French where they can find them, or 'give leave to his English fubjects, to fatisfie themselves by reprizal; and when that is done, let us complayne • and redreffe on both fides, which, I beleeve, will both procure fatisfaction fpeedily, deterre thofe compagnions from fuch free exercise of their pyratical trade, ⚫ and force those that are in authority here, to take better order than hitherto hath bin. This is, and hath ever bin my opinion; for I could never find, that, by treating and pleading, any good can be done upon those who have neither confcience or juftice (q).' This was (9) Id. p. bravely spoken; but the dictates of wifdom and fortitude 421. were unheeded, at least unpractifed, under the reign of

L 2

this

1

1

his harbour, contrary to his exprefs command. The particulars of this affair, as they are not commonly known, I will give in the note (HH).

In

this prince, who permitted himself grofly to be abused by the nations around him, as we shall fee more at large in fome following notes. In the mean while, one cannot but obferve the national character of the French fo ftrongly marked in this letter of lord Leicester. It paints them to the life, and fhews them as in our age we have feen them. May we always be on the guard against those who have neither confcience or juftice, and with whom no good is to be done by treating or pleading.

(HH) The particulars of this affair, as they are not commonly known, &c.] In 1639, fays Mr. Burchet, the Spaniards fitted out a confiderable fleet under the command of Antonio de Oquendo, fuppofed to be to diflodge the Dutch fhips from before Dunkirk, and land the troops there for the relief of Flanders, and the reft of the Spanish provinces.-The Dutch having two or three fquadrons at fea, the Spanish fleet, coming up the Channel, was met near the streights of Dover by one of them, confifting of feventeen fail, under the 'command of Herbert Van Tromp; who, notwithstanding the enemies great fuperiority, ventured to attack them; but finding himself too weak, got to windward, failing along towards Dunkirk, and continually firing guns as a fignal to the Dutch vice-admiral, who lay off that place, to come to his affiftance; who accordingly joined him the next morning between Dover and Calais, where engaging the Spaniards, a very fharp fight enfued between them, which lafted feveral hours, wherein the Dutch had greatly the advantage; and having taken one galleon, funk another, and much fhattered the reft, at length forced them upon the English coaft near Dover. This done, Tromp, being in want of powder and ball, ftood away for Calais, to ⚫ borrow fome of the governour of that place; who pre

⚫fently