James upon his marriage of Queen Anne (as our tradition is), nor any time before to any Scottish King; and supposing that there were any such authentic deed, it were better to fix the fishery (we contend about) even in the Dutch, than either permit it to be regulated by the decrees of a Scotch parliament, or transfer it to that nation. Now as to the great trade and multitude of English vessels, by the history of the Hans Towns, their privileges and power in England, one shall find, that for the bulk our navies consisted most of hired ships of the Venetians, Genoese, and Hanseatics, till Queen Elizabeth, though her father Henry the Eighth had a flourishing fleet. The right of passes, and petitions thereupon, were formed upon another part of the Jus Gentium, than our pretended dominion of the seas; which (to speak ingenuously) I could never find recognised expressly in any treaty with foreigners. And to return to the fishery, that of the Dutch fishing without licence, the intercursus magnus (so boasted) was a perpetual treaty, and made as well with all the people as the princes of Burgundy; and so as to be obligatory, though they rejected their governors, as we see most of them did, and as perhaps they might according to the latus introitus. And that the Dutch are still, and by Queen Elizabeth were so declared to be, a pars contrahens, after their revolt and abjuration of Spain, does as much invalidate that proceeding of King James, and Charles the First, who both signed that intercursus, and were in truth included thereby though they had not signed it.

But besides all this, the nature of prescription would be inquired into as well when it makes against us, as for us; and, therefore, it should be demanded whether Queen Elizabeth did not first assert the mare liberum in opposition to the Danes, and whether his present Majesty has not done it at Jamaica against the Spaniard; pray consider the seal of that Admiralty. To speak plain truth: when I writ that Treatise, rather as a philological exercise, and to gratify the present circumstances, I could not clearly satisfy myself in sundry of those particulars, nor find really that ever the Dutch did pay toll or took licence to fish in Scotland after the contest, from any solid proofs. Indeed (as there I relate), they surprised Brown who came to exact it, and de

tained him in Holland several months; but I think they never paid a penny for it, though the papers I have perused speak of an assize herring: nor did I find that any rent (whereof in my 108th page I calculate the arrears) for permission to fish, was ever fixed by both parties; and so cannot properly be called a settled rent. This should, therefore, be exquisitely inquired into; and perhaps, both for these and many other particulars, a thorough search in his Majesty's Paper Office may afford clearer light, if there have any due care been taken to collect and digest such important matters. As for the years 1635 and 1637, you cannot but espy an intrigue in the equipping those formidable fleets; and that they were more to awe the French than terrify Holland (see how the times and interests change! but no more of that, 'tis now a tender point) I fancy were no difficult matter to prove; and that any licences were taken in those years, I could never be assured of, that of 1636 being but a single act of force on some particular men, the States never owning them in it; and you know the Admiral Dorp was cashiered for not quarrelling it with our Northumberland, and our conduct and licences flatly rejected in 1637, when Capt. Field came. Lastly:

When King James fixed his chamber, did he not either renounce the English sovereignty of the seas, or violate therein his league with Spain (as that nation urged, pleading that the British seas were territorium domini regis)? but he did not the latter, wherefore I am not single in this de-. claration. In a word, the entire argument of this fishery is too controvertible to be too peremptorily decided by the pen, and upon many other accounts (of which the plenty and wantonness of our full-fed unfrugal people, which deters them from hard labour, is not the least), a project wholly useless as circumstances be, and therefore might with much more benefit, ease, and facility, be supplied by increasing our fishery at Newfoundland. Finally:

As to the commerce in general of this nation. From all that I could observe during my short being of that noble and honourable Council, and informing myself as I was able by books and discourses of experienced persons, I say after all this, I considered it a very vain thing to make any (the most probable, certain, or necessary) proposal about trade,

&c. Not that it might not be infinitely improved, if princes and people did unanimously, and with a true public spirit, and as our natural advantages prompt us, apply themselves honestly and industriously about it; but for that, as things now are, and have hitherto been managed since the renowned Queen Elizabeth (for that encomium I must give her), the whole advantage this nation receives thereby is evidently carried on more by ancient methods and the sedulity of private men, than by any public encouragement; and as to the present, it certainly languishes under insupportable difficulties.

And thus, Sir, I choose to convey you my second more digested thoughts, of a point which in your excellent design and work cannot escape the ample handling as one of the most considerable, when you come to speak of the importance of our shipping and trade, or pretence of dominion, &c. And I do it, you see, with all self-denial imaginable, (and not without some reproach) after what I have published to the contrary; by which you may conclude how suspicious wise men should be of other histories and historians too, however confident and specious soever, unless it were almost demonstration, and that the authors had no interest of their own to serve, and were not influenced by their superiors, or the public cry. Let this ingenuous confession commute for my faults in that Treatise, and be put amongst the retractions of,

Sir, yours, &c.

The Rev. Thomas Creech to John Evelyn.

HONOURED SIR,

Oxford, 6th May, 1683.

What you have been pleased to read, to like, and to commend, I now humbly beg you to accept-a small return, I must confess, for that kindness you have shown, and for that reputation for which as long as life, I must stand indebted. It comes more confidently to wait on you than at first, having something that may commend it since it presents you with your own, and with the most hearty thanks that gratitude after so great obligations can possibly return.

1 must beg young Mr. Evelyn to accept one; and if utinost endeavours can attain it, I hope more fully to manifest the just respects of, Sir,

Your much obliged and humble servant,

THOMAS CREECH.

Robert Berkeley to John Evelyn.

Spetchley, 14th April, 1684.

THE greatness of your civilities occasions you this trouble, and I don't know whether I am to make my apology for it, or to beg your pardon. Your kind entertainment at your renowned villa (where you possess all that can be wished for here) challenges my thanks, and the further favour of your letter adds a double obligation. Let this, dear sir, offer what poor return I can make you; and entreat of you to receive to yourself and most excellent Lady, my humble service. I have not yet tried any experiments out of your papers, but I hope this summer to give you some account of them. It would be soon essayed with Mr. Boyle's pump, whether or no it may give such a vacuum as to preserve fruit and flowers in their natural; it would be a thing of good use if it may be effected in quantity. I fear I shall lose by the late frost most of my Cypress, Ilex, and Alaternus; the Laurels will lose their leaves only, and the Bay trees, I presume, will spring at root; the Holly, Juniper, Arborvitæ, Pine, and Yew have escaped; but I do not hear of any Rosemary alive in these parts. I have not lost any of my Greens in my Conservatory; the Orange and Lemon trees are as fresh as ever I saw them, being secured by keeping them underground, which I find the best way to preserve them in our climate during a severe winter. I shall be glad to know how your greens have escaped, especially those in your wilderness, where they are so agreeable with the pleasing variety of your forest trees; I could dwell on this subject were it not to divert your thoughts from a fairer idea of it. Be pleased to admit me into the number of those that love and honour you for your virtues. I re main, Sir, your most affectionate and humble servant, R. BERKELEY

VOL. III.

T

Sir Robert Southwell to John Evelyn.

HONOURED SIR,

King's Weston, near Bristol, 3rd Nov., 1684.

Since my retirement hither I have been so much in the mortar as to multiply walks and walls, and have begun to be a planter. Your fine Holly-hedges tempted me to an essay for the like in a length of above 300 feet, but the last winter and summer gave me a severe rebuke, killing, as I fear, half the roots; the rest are alive, and many of them with leaves; I will persist to cultivate with care and patience till all be restored and in a way of growth.

My next desire is to abound in hedges of Yew; I would plant it against the walls of two large courts, and in other places, so as now and hereafter to extend it five or six hundred yards and more. My seat is somewhat bleak, and therefore I choose this green as that which no cold will hurt, and I am told it will grow as much in three years as Holly in five. Now seeing I need so much, it would have been good husbandry to have begun with seeds, and to have raised my roots, but this I omitted, and you note in your book that they peep not till the second year, wherefore, calling on a gardener who has a nursery of them, he demands at the rate of twelvepence for every root of a foot high. Pray cannot you put me into better hands, and where to be supplied on such reasonable terms as I may find it easy to pnrsue this desire of having stores of Yew. Next I desire to know how far asunder I may plant these roots, so as in time to touch and close into a hedge; and whether I may not plant Philareas between them, which are cheaper, and grow fast, and may be cut away as the others grow up, and capable of speading to fill their room. This I chiefly propose in the two courts, where I would have the walls lined with this future tapestry of Yew: but here I meet in opposition the opinion of the country of its noxious quality to cattle, who will be browsing the greens they can come at; and if this be experimentally true, then I must be at the charge of railing in where it is possible the cattle may come at it. I have a nursery of Firs from seed of two and three years' growth: I am thinking