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of provysions for the building and furnishing his navie, and without which he could not contynue his great hostillitie, but should be unhable to offer so great offence to his neighbors, and thereby he and all other his neighbors should lyve in peace. For this cause the Queenes Matie, being amongest other Prynces most interested for defence of herself and her countries and subjectes against the said Kinges great preparations of his navies and armies by sea; and manyfestly perceiving that yf his said provysions for hostillitie to be brought by sea from the said East partes might be stayed untill he might be disposed to lyve in peace, her Matie might thereby forbeare to contynue her charge in maintayning her forces both by sea and land, which she is constrayned yearly to renewe and contynue only for her defence. And though some of the Kinges in those East countries, that have interest in certain portes of the said Est countries, being in amitie with her Matie, have ben freindly requyred by her Matie to prohibite theire subjectes to carrie or sende by sea into Spayne such kyndes of victuall and munytion as properly doe maintaine his armies and furnish his shippes of warre with all thinges requysite for to serve for his unjust warres; and that her Matie might hope that thereby in some measure the great quantitie of such victuall and munytion might be stayed; yet for that there are manie port townes in the said Est partes not directly at the commaundement of the said Kinges, from whence the King of Spayne hath yearly great quantities of such provysions by meanes of manie his factors residing there, and furnished with great sommes of money and creditt, which is most lykely to be contynued for the excessive and great gayne that is to ensue to the inhabitantes of such dispersed port townes. Therfore her Matie doth by theis presentes notifie to all maner persons of all conditions, that shall sende or carry into Spayne or Portugall anie maner of grayne or other victualls, or anie maner of provisions to serve to builde or arme anie shippes of warre, or anie kynde of munytion for the warre, being not of the nature of meere merchandise, that as it is lawfull for her, being a Monarch and Prynce Soveraigne, and as other Kinges have alwaies in like cases used, to withstand the forces of her ennemies, she will not only authorise her owne Admyrals and Captains of her owne shippes of warre serving on the seas, but will allowe and approve all other her subjectes to arme theire shippes at theire will, and with them to impeache and arrest all shippes, that shall sayle either out of the East partes or out of the Lowe Countries with intention to passe to Spayne or Portugall, having on boarde anie such victuall or other provysions of warre, and the same to brynge into the next good port, there to be ordered as goodes duely forfaited for the benefitt of her Matie, wheare her Maties shippes shall arrest the same, and to the benefitt of such others, as being not in her Maties wages, that shall have by their travaile and adventure stayed and arrested such shippes and goods prohibyted. Provyded that all other beside the Captains of her Maties owne shippes, that shall be disposed to arme theire shippes for this purpose, shall first notefie theire intent to the Lord high Admyrall of England, making declaration of theire condition, of theire maner of shipping, of the furnyture thereof, of the nombers of men requisite to serve therein, with the quantitie of victuall and munytion, and of all other thinges requisite to be certefyed to the L. Admyrall, which being by him allowed, thereuppon the owners of the shippes, and the captains or conductors to be bounde, to her Maties use, in good somes of money for themselves, and as cause shall requyre, to the L. Admyrall, with sufficient sureties that they shall doe theire best endevours, without fraude for gayne or composition, to arrest such shippes, having, as is above said, victuall or munytion prohibited; and likewise to be bounde, as is aforesaid, that with the saide shippes noe harme shall be wittingly done to anie person on the seas, that shall be in freindshippe with her Matie, and that shall not be privie to the caryage of any such victuall, or other provysions for warre into Spayne or Portugall, or towardes either of the saide countries, or to any of the King of Spaynes shippes being on the seas. And in case anie shall be founde to have committed anie such offence whereby the bondes shall be forfaited, the parties dampnyfied shall be fully recompensed for all theire losses and damages with the somes of money forfayted, and the offendors also severely punyshed according to theire offences by lawe. Gyven at the Court at Richmond, the xxvijth daie of September, in the xxxixth yeare of her Maties raigne. God save the Queene.
COMMISSION TO THE EARL OF CUMBERLAND.
[Camden (Annals in Kennett, ii. 610) speaking of the return of the Earl of Cumberland from his adventure against the Portuguese Caracks, states that he had “furnished out a fleet of eleven ships” for the purpose. This might be so, but the subsequent Commission only authorised him to fit out his own ship the Malice-Scourge and six others. Camden is indefinite as to the date of the Earl of Cumberland's return, merely saying, “about this time,” the last date he gives being Sept. 1598. The following bears date nearly a year anterior, and prior to the time when Lord Essex, Sir Walter Raleigh, &c. re-entered an English port.]
Indorsed by Lord Ellesmere “Rec. xj Octobris, 1597.”
ElizaBETH, by the grace of God, Queene of England, Fraunce, and Ireland, Defendor of the Faith, &c. To our right trusty and welbeloved Counsailor Sir Thomas Egerton, Knight, Keeper of our great Seale of England, greeting. We will and commaunde you that under our said great Seale, being in your keeping, ye cause our lettres patentes to be made forth in forme following: Elizabeth, by the grace of God, &c. To our right trusty and right welbeloved Cosen, George Earle of Cumberland, greeting. Forasmuch as duely considering the late hostile attemptes against this our Realme and our person, without just cause given by us, we are justly moved to enter into consideration howe necessary yt ys for us to use all good meanes to prevent, impeach, and withstand all occasions of hazard and daunger of the like in tyme to come, and by all meanes to disable and weaken the strength and wealth of all and every person and persons so maliciously and injuriously affected and disposed against us, our dominions and subjectes. We let you wete, that knowing your approved fidelitie, wisedome, valour, and circumspection, of our speciall grace and mere motion, we have made choyce of you, and doe by these presentes give you authority to make choyce and constitute such principall officers, aswell by sea as land, and also to appointe such meet Captaynes, and other persons whom you shall depute thereunto by writing under your hand, to take up, leavye, assemble, arme, and furnish with all and all manner of victualls and warlike provision whatsoever, within any parte of this Realme, such and so many of our loving subjectes as are fitt and apt for the warres to serve by sea and lande, as shalbe willing thereto, and as by you shall be thought expedient to serve in this fleet under your chardge. And with the same men, provision, and furniture shipped and imbarked, we doe aucthorize you in your owne person, and by such others allso whom you shall depute, by sea and by lande to invade and destroye the powers, forces, preparations, or provisions whatsoever of the King of Spayne, or any his subjectes, or of any Prince, State, or Potentate, or the people or subjects of them, or any of them, that is not at this present in league and amytye with us; and the said persons, their possessions, territories, dominions, and goodes, aswell upon the sea as upon the continent, or any islande belonging to such persons, their adherentes, or subjectes, in hostile manner to invade, take, or destroye as just and needefull cause shall require. And for your more strength and assistaunce, we doe aucthorize you to take into your charge your owne shippe called the Malice Scourge, and such other shippes of your owne and others which shall be appointed by you or in your name, not exceeding the nombre of sixe at the most, to the perfourmance of the service aforesaid. And forasmuch as you, our said Cosen, being at great chardges in the victualling and furnishing of your
owne and other shippes aforesaid, togither with such other of our loving subjectes which shall assiste and be imployed in the said service, or may beare adventure with you, are to receave due consideration for their chardges, service, assistaunce, and adventure, we give you full power and aucthoritie, not only to deale with our said subjectes so offering to adventure, and to accept and agree with them for the same, but allso to make distributions and shares of all such gaynes, goods, and prices whatsoever that shall by the said shipps or any of them, and their captaynes, jointly or severally, be taken from any such aforesaid manner of persons or any their adherentes, the said goodes and prices whatsoever, after the due shares distributed, to be holden and enjoyed by you and your assignes, as allso our said subjectes so adventuring, without any accompt to be made to us, our heyres, or successors, saving only such duties and customes as are due unto us upon all goods brought into any of our dominions. And for the better perfourmance of this service, we doe hereby straightly chardge and commaunde all our loving subjectes, which shall serve in your said shippes or in any of the rest of the said fleete, to yeeld all duety and obedience to you, our Cosen, and to the officers commaunding under you in that service, and to avoyde all occasion of discorde and dissention, to the hinderance of this said service. And yf there be any that shall so offende, then we give you, our said Cosen, full power and authoritye to inflict upon all such offendours such punishment, ether by losse of lymme or member, or by death, according to martiall lawe or otherwise, as shall seeme good to you, our said Cosen, respecting the quality of the offence. Lastly, we doe charge and commaunde all our officers to be ayding and assisting to you our said Cosen, aswell by sea as by lande, in any thing you shall reasonably require and stand in neede of for the furtheraunce of this service, at prices reasonable. And these our lettres shall be, aswell to you our said Cosen as unto any of our said subjectes, for and concerning the premisses, and every CAMD. SOC. 12. 2 M