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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59088	Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.; Mare clausum. English	Selden, John, 1584-1654.; Nedham, Marchamont, 1620-1678.	1652 (1652)	Wing S2432; ESTC R15125	334,213	600

com the Hollanders should keep at least fourscore miles distance from the Coasts of Scotland And if by accident they were driven near through violence of weather they paid a certain Tribute at the Port of Aberdene before their return where there was a Castle built and fortified for this and other occasions and this was duly and really paid still by the Hollanders within the memorie of our Fathers until that by frequent dissentions at home this Tribute with very many other Rights and Commodities came to nothing partly through the negligence of Governors and partly through the boldness of the Hollanders So you see how limits were by agreement prescribed heretofore in this Sea to the Fishing of Foreiners But the more Northerly Sea which lie's against Scotland was for the most part in subjection heretofore to the Norwegians and Danes who were Lords of the Isles there So that the people of the Orcades speak the Gothish Language to this day Robertus de Monte tell 's us that hee who was called King of the Isles was possest of XXXII Islands in that Sea above four hundred and sixtie years ago paying such a Tribute to the King of Norway that at the succession of every new King the King of the Isles present's him ten marks in Gold and make's no other acknowledgment to him all his life long unless another King succeed again in Norway And Giraldus Cambrensis writing of these things saith that in the Northern Sea beyond Ulster and Galloway there are several Islands to wit the Orcades and Inchades or Leucades which som would have to bee the Hebrides and many other over most of which the Norwegians had Dominion and held them in subjection For although they lie much nearer to other Countries yet that Nation beeing more given to the Sea usually preferr's a Piratick kinde of life above any other So that all their Expeditions and Wars are performed by Sea Fight This hee wrote in the time of Henrie the second So that somtimes those Sea-Appendants of the Dominion of Britain in the Northern parts were invaded by Foreiners Hence also it is that Ordericus Vitalis speaking of Magnus the son of Olaus King of Norway saith hee had a great power in the Isles of the Sea which relate's unto the time of William the Second King of England The same Ordericus also saith that the Orcades Finland Island also and Groênland beyond which there is no other Countrie Northward and many other as far as Gothland are subject to the King of Norway and wealth is brought thither by shipping from all parts of the world So wee have here a clear description of the Dominion of the Norwegians heretofore as well in this neighboring Sea of Scotland as in the more open But in after time when as by agreement made between Alexander the third King of Scots and Magnus the fourth of Norwaie as also between Robert Bruce King of Scotland and Haquin of Norwaie it was concluded touching these Isles that they should bee annexed to the Scotish Dominion this could not bee don but there must bee a Cession also of that Sea-Dominion which bordered round upon the Coast of Norwaie Yet the Norwegian King possessed it for the most part and afterwards the Dane by an union of the two Kingdoms of Denmark and Norwaie until that Christiern the first King of Norwaie and Denmark upon the marriage of his daughter Margarite to James the third King of Scotland made an absolute Surrender of these Islands and in the year of our Lord MCDLXX transferr'd all his right both in the Isles of Orcades and Shetland and the rest lying in the hither part of the Northern Sea upon his Son in law and his Successors And as concerning this business I shall here set down the words of Joannes Ferrerius who was indeed Native of Piedmont but supplied with matter of Historie out of the Records of Scotland by Henrie Sainclair Bishop of Ross. Moreover in the Deucaledonian Sea toward the North-East there are the Isles of Orcades seated next to the Coast of Scotland whereof onely twentie eight are at this daie inhabited and above an hundred miles beyond the Orcades towards Norway are the Shetland Isles in number eighteen which are at this daie inhabited and in subjection to the King of Scotland concerning which there was a great quarrel in former Ages between the Scots and Danes yet the Dane kept possession All these Islands did Christiern King of Denmark peaceably surrender together with his daughter in marriage to James King of Scots until that either hee himself or his posteritie paid to the Scotish King or his Successors in lieu of her Dowrie the summe of fiftie thousand Rhenish Florens which were never discharged to this daie For so much I my self have seen and read in the Deeds of marriage betwixt Ladie Margarite daughter of the King of Denmark and James the third King of Scotland drawn up and fairly signed with the Seals of both Kingdoms Anno Dom. 1468. c. But afterwards when Ladie Margarite beeing Queen had been delivered of ber eldest son James Prince of Scotland the Danish King willing to congratulate his daughter's good deliverie did for ever surrender his right in the Islands of the Deucaledonian Sea to wit the Isles of Orcades Shecland and others which hee deliver'd in pledg with his daughter upon her marriage to the Scotish King I hear the deeds of this surrender are kept among the Records belonging to the Crown of Scotland And so at length those Isles and the Dominion of this Sea returned to the Kings of Scotland which they enjoy at this day The Kings of Scotland have a pledg of Dominion also in this Sea that is to say Tributes or Customs imposed upon Fisher-men for Fishing of which by the way you may read in their Acts of Parlament Touching that Right which belong's to the King of Great Britain in the main and open Sea of the North. And the Conclusion of the Work CHAP. XXXII COncerning that Neighboring Sea which is a Territorie belonging to the Scots I have spoken in the former Chapter But I must not omit to treat here of that Sea which stretcheth it self to a very large extent toward the North washing the Coasts of Friesland Island and other Isles also under the Dominion of the King of Denmark or of Norway For even this Sea also is asscribed by som to the King of Great Britain Albericus Gentilis applying that of Tacitus The Northern Coasts of Britain having no Land lying against them are washt by the main and open Sea you see saith hee how far the Dominion of the King of Great Britain extend's it self toward the South North and West As if almost all that which lay opposite to the Isles of Britain in the open Sea were within the Dominion of the King of Great Britain And concerning the Northern Sea also which reacheth there to parts unknown the very same

hundred thousand pound Their Fortifications also both for number and strength upon which they have bestowed infinite summes of monie may compare with any other whatsoëver 5. Encreas of power abroad SUch beeing then the number of the Ships and Mariners and so great their Trade occasioned principally by their Fishing they have not onely strengthned and fortifieed themselvs at home to repel all Forein Invasions as lately in the war between them and Spain but have likewise stretched their power into the East and West-Indies in many places whereof they are Lords of the Sea-Coasts and have likewise fortified upon the main where the Kings and people are at their devotion And more then this all Neighbor-Princes in their differences by reason of this their power at Sea are glad to have them of their partie So that next to the English they are now becom the most re-doubted Nation at Sea of any other whatsoëver 6. Encreas of publick Revenue MOreover how mightie the publick Revenue and Customs of that State are encreased by their fishing may appear in that above thirtie years since over and above the Customs of other Merchandise Excises Licences Waftage and Lastage there was paid to the State for Custom of Herring and other salt-Fish above three hundred thousand pound in one year besides the tenth Fish and Cask paid for Waftage which cometh at the least to as much more among the Hollanders onely whereunto the tenth of other Nations beeing added it amounteth to a far greater summe Wee are likewise to know that great part of their Fish is sold in other Countries for readie monies for which they commonly export of the finest gold and silver and coming home recoin it of a baser allay under their own stamp which is not a small means to augment their publick treasure 7. Encreas of private Wealth AS touching their private wealth if wee consider the abundant store of Herrings and other fish by them taken and the usual prices that they are sold for as also the multitude of Tradesmen and Artizans that by reason of this their Fishing are daily set on work wee must needs conclude that the gain thereof made by private men must of necessitie bee exceeding great as by observing the particulars following will plainly appear During the wars between the King of Spain and the Hollanders before the last Truce Dunkirk by taking spoiling and burning the Busses of Holland and setting great ransom upon their Fisher-men enforced them to compound for great summes that they might Fish quietly for one year whereupon the next year after the Fisher-men agreed amongst themselvs to pay a doller upon every last of Herrings towards the maintenance of certain Ships of War to waft and secure them in their Fishing by reason whereof there was a Record kept of the several lasts of Herrings taken that year and it appeared thereby that in one half year there were taken thirtie thousand lasts of Herrings which at twelv pound per last amounteth to 3600000 and at sixteen twentie thirtie pound the last they are ordinarily sold then transported into other Countries it cometh at least to 5000000 l. Whereunto if wee add the Herrings taken by other Nations together with the God Ling Hake and the Fish taken by the Hollanders and other our neighbors upon the British Coasts all the year long the total will evidently arise to bee above 10000000 l. The great Trade of Fishing imploying so many men and ships at Sea must likewise necessarily maintain as great a number of Tradesmen and Artizens on Land as Spinners and Hemp-winders to Cables Cordage Yarn-twine for Nets and Lines Weavers to make Sail-Cloaths Cecive Packers Tollers Dressers and Cowchers to sort and make the Herring lawful merchandise Tanners to tan their Sails and Nets Coopers to make Cask Block and Bowl-makers for ships Keel-men and Laborers for carrying and removing their Fish Sawyers for Planks Carpenters Ship-wrights Smiths Car-men Boat-men Brewers Bakers and a number of others whereof many are maimed persons and unfit to bee otherwise imploied Besides the maintenance of all their several wives and children and families And further every man and maid-servant or Orphant having any poor stock may venture the same in their Fishing-Voiages which afford's them ordinarily great encreas and is duly paid according to the proportion of their gain 8. Encreas of Provisions AND to conclude it is manifest that Holland only affording in it self som few Hops Madders Butter and Chees aboundeth notwithstanding by reason of this Art of Fishing in plentiful manner with all kinde of provisions as well for life as in Corn Beef Muttons Hides and Cloths as for luxury in Wines Silks and Spices and for defence as in Pitch Tar Cordage Timber All which they have not onely in competent proportion for their use but are likewise able from their several Magazines to supply their Neighbor-Countries The premisses considered it maketh much to the ignominie and shame of our English Nation that God and Nature offering us so great a treasure even at our own doors wee do notwithstanding neglect the benefit thereof and by paying monie to strangers for the Fish of our own Seas impoverish our selvs to make them rich Insomuch that for want of industrie and care in this particular two hundred twentie five Fisher-Towns are decaied and reduced to extreme povertie whereas on the contrarie by diligent endevoring to make use of so great a blessing wee might in short time repair these decaied Towns of the Kingdom and add both honor strength and riches to our King and Countrie which how easily it may bee don will appear by som few observations following By erecting two hundred and fiftie Busses of reasonable strength and bigness there will bee emploiment made for a thousand Ships and for at least ten thousand Fisher-men and Mariners at Sea and consequently for as many Tradesmen and Laborers at land The Herrings taken by the Busses will afford his Majestie two hundred thousand pound yearly custom outward and for commodities returned inward thirtie thousand pound and above Wee have Timber sufficient and at reasonable rates growing in our own Kingdom for the building of Busses every Shire affordeth hardie and able men fit for such emploiment who now live poorly and idle at home Wee have victuals in great plentie sold at easie rates without paiment of Excises or Impost Our shores and harbors are near the places where the Fish do haunt For drink or nets salting and packing our Fish and for succor in stress of weather wee may bring our Fish to land salt and pack it and from som part of his Majestie 's Dominions bee at our Markets in France Spain or Italy before the Hollanders can arrive in Holland Wee have means to transport our Fish into som Northern Countries where the Hollanders seldom or never com And though wee had as many Busses as the Hollanders yet is there vent for all or more for in the East and Northern Countries and in many other

and Acceptions that are to bee used in the Controversie it remain's that in the next place that of Dominion or Ownership bee taken into consideration Of Dominion both Common to all and Private Also its Original either by Distribution or Primarie Occupation CHAP. IV. DOminion which is a Right of Using Enjoying Alienating and free Disposing is either Common to all men as Possessors without Distinction or Private and peculiar onely to som that is to say distributed and set apart by any particular States Princes or persons whatsoever in such a manner that others are excluded or at least in som sort barred from a Libertie of Use and Enjoiment As to the first kinde of Dominion or that which is Common to All frequent mention is made of it in relation to that State of Communitie which was in antient times And of which Virgil speak's in his Georgicks Nec signare quidem aut partiri limite Campum Fas erat in medio quaerebant Nor was it lawful then their Lands to bound They liv'd in common All upon the Ground And Seneca pervium cunctis iter Communis usus omnium rerum fuit All men might pass what way they pleas'd to chuse And all things were expos'd for common use And Tibullus Non domus ulla fores habuit non fixus in agris Qui regeret certis finibus arva lapis Men did not then with dores their Houses build Nor were they wont with stones to bound the Field Many more there are of the like nature But yet Lactantius would have them to bee so understood not that wee should conceiv that nothing at all was private or peculiar in those daies but in a figurative sens after the manner of the Poëts to let us know that men were then so free and generous that they did not hoord up the fruits of the Earth for themselvs nor dwel in an obscure solitarie manner but admitted the poor to partake of the benefit of their labors And truly wee finde divers passages plainly pointing out this state of Communitie in that Divine Act of Donation whereby Noah and his three sons Shem Cham and Japhet who represented as it were the person of Adam for the restoring of mankinde after the flood became Joint-Lords of the whole world The form of Donation is expressed in these words Bee fruitful and multiply and replenish the Earth And the fear of you and the dread of you shall bee upon every Beast of the Earth and every Foul of the Aër upon all that moveth upon the Earth and upon all the Fishes of the Sea into your hands are they delivered Also Justin the Historian speak's aptly and to the purpose In the Age of Saturn saith hee all things were without distinction common to all as if all men had lived upon one stock or Patrimonie From whence it came to pass that in the Festivals of Saturn all things were enjoyed in common To which likewise accord's that of Cicero No thing is private or peculiar to any by Nature but either by occupation of old as in the case of those who first inhabited Vacancies or who became possess 't by right of War and Conquest or by virtue of som Law or by Compact Covenant or by Lot Yet'tis not probable that this kinde of Communitie was of any long continuance But as for Private Dominion or that distribution of Possessions and Bounds which depriveth or in any sort barreth all others besides the known possessor from a libertie of use and enjoiment they say it was not in beeing till those golden daies were over And so as the Poêt sings Communémque priùs ceu lumina solis Aurae Cautus humum longo signavit limite Menser The Earth as commou once as Light or Aër They then by Art did measure bound and share It appear's also by holy Writ that the Earth was divided by the Posteritie of Noah som Ages after the Flood By Japhet and his sons were the Isles of the Gentiles divided in their Lands everie one after his Tongue after their Families in their Nations as it is recorded by Moses That is to say they settled themselvs as private Lords and appointed Bounds accordings to the number of their Families from the River Tanais even as far as the Atlantick Sea or through a great part of the Western Asia as it bend's towards the North and throughout all Europe In like manner Cham and his Posteritie possessed themselvs of that Part which lie's open to the South and South-west as Shem did the Eastern Countries as far as India As you may see it in Josephus Eusebius the Autor of the Chronicle of Alexandria Zonaras Cedrenus Eustathius of Antioch Freculphus and others It hath been received also by Tradition that Noah himself as if hee had been absolute Lord or Arbiter of the whole world was the first man after the Flood that revived this kinde of distribution or private Dominion which they say also hee did by Command from God and that in the nine hundred and thirtieth year of his Age which was three hundred and thirtie years after the Floud and twentie before his death hee confirmed it by Will and deliver'd it a little before his death into the hands of Shem his eldest son admonishing them altogether that no man should invade the Bounds of his Brother nor should they wrong one another becaus it would of necessitie occasion Discords and deadly Wars among them As it is expresly mentioned both in Eusebius and Cedredrenus But howsoever the matter hath been this is very certain that private Dominions or Possessions were revived again after the Flood in the same accustomed manner as they had been before from the daies of Adam For hee also received such a Donation from God as wee have told you Noah and his Sons did afterward and so became Lord of the whole World not without such a peculiar possession or proprietie to himself which so far as wee are able to judg of Affairs of that Age according to the waies and means received by Posteritie did exclude his children from all Right but by his voluntarie Grant or Resignation But yet whether it were by Donation Assignment or any other Grant whatsoëver it appear's before hee died or left any Heir to succeed him his children did enjoy their several Bounds and Territories in a way of peculiar Dominion or Possession Thus Abel had Cattel and Pastures of his own as Cain had Lands and Plantations that were his own Hee possessed himself also of the Land of Nod or Naida where hee built the Citie of Enoch and settled his abode After this Exchanges Buying and selling came in fashion and besides Weights and Measures they appointed Judges of Covenants and Contracts and added Bounds or Limits to Fields and Pastures And of Cain it is said that hee first set Bounds unto Fields So at length came in private Dominions or Possessions which whether by virtue

their Sea and the Isles But their use of frequent Fithing though som write that the more Northerly Britains did never eat fish may bee collected upon this ground that the better and more Civil sort of them were wont to embellish the Hilts of their Swords with teeth of the bigger Fishes So saith Solinus They which endeavor to bee neat do burnish the hilts of their Swords with the teeth of such great Animals as swim in the Sea becaus they are as white and clear as Ivorie For the men take an extraordinarie pride in the brightness of their Arms. Now I suppose that without an extraordinarie abundance of such kinde of Animals which could not bee caught without great pains and numbers of Fishermen there could not have been matter enough of this kinde to serv for the triming of a most warlike Nation wherein it was a Custom for the Mother of every man-child to put the first Food that hee received into his mouth upon the point of its Father's Sword in token of a warlike disposition And the Mothers usual Blessings were to this effect that their Sons might die no other death then in War and Arms. I know these words of Solinus are commonly taken by Writers as if they had been spoken onely of the Inhabitants of Ireland wherein if I understand any thing they are plainly mistaken The words of Solinus in his Chapter concerning Britain are these The extremitie of the French Shore had been the utmost bound of the world did not the Isle of Britain deserv the name almost of another world For it is stretch't above 800 miles in length if so bee wee measure it as far as the utmost point in the North of Scotland where Ulysses once arrived as appear's by an Altar there with an Inscription upon it in Greek Letters It is encompassed with many considerable Islands whereof Ireland is next to it in bigness It is a barbarous Countrie by reason of the rude behavior of the Inhabitants otherwise of so rank a pasturage that unless Cattel bee somtimes driven from the Pastures they run a hazard by too much feeding There is no Serpent to bee found and but few birds The people are inhospitable and warlike And after a victorie they first take a draught of the bloud of the slain and then besmear their ●…s Right or wrong is all one to them A woman w●●n shee bring 's forth a male put 's its first food upon her ●…nds Sword and stealing it into the little ones mouth 〈…〉 the very point shee pronounceth her blessing according 〈…〉 the Custom of the Nation with this wish That hee may die no other death but in War and Arms. They that endevor 〈…〉 bee neat do burnish the Hilts of their Swords caetera 〈◊〉 it followeth above Hee treat's next of som ●…nds that lie about it as Thanet the Hebrides ●…es and Thule and as to what concern's their manners hee conclude's that Britain is inhabited in ●…t by barbarous people who from their childhood by artificial stripes of divers forms imprint the likeness of several living Creatures up and down their bodies As is sufficiently known out of Caesar and other Writers But now if those words which follow that brief description wherein the first mention of Ireland is made were to bee understood of the Irish not of the people of great Britain then it would follow there that Solinus forgetting what hee had proposed in the very entrance of his Discours passed immediately from great Britain unto Ireland and the neighboring Isles and that hee made not any mention of the Customs of its Inhabitants besides the striping of their skins with divers shapes and this at the latter end of the Chapter which I can not in any case believ Nor is it agreeable to the scope of his discours that Ireland should bee meant in this place as well as great Britain For of Britain hee saith It is encompassed with many considerable Islands whereof Ireland is next to it in bigness It is a barbarous Countrie by reason of the rude behavior of the Inhabitants c. Then this more large description of its manners and Customs which immediately followeth is no otherwise joined to the mention of Ireland in the Edition of Delrio and most of the rest which wee have followed in the place before-alleged And who seeth not that the beginning of that description and so what follow 's ought with much more reason to bee referr'd thus to Britain concerning which his purpose is to treat then to Ireland whose name is inserted onely by the way Nor doth that hinder at all which wee read there about Serpents I confess it to bee most true indeed if spoken of Ireland wherein there is no venemous Creature and fals if of Britain But yet even this also hath been believed of our Countrie of Britain and that in the clearer light of learning in time past As appear's not onely by the Books of Cardan de Subtilitate wherein hee denieth that Britain entertain's any such Creature but also out of Sealiger's Exercitations upon him who in like manner affirm's this and spend 's Discours to no purpose to finde out the reasons why Britain hath not any venemous Creatures which is strange indeed since hee wrote so eagerly against the other yea and both of them beeing very famous men and most expert Naturalists lived som time in Britain But errors of this kinde as wee see also in Solinus concerning Birds and Bees are not unusual among Writers And it was a common cours for a Roman Writer to attribute extreme Barbarism as Solinus doth in this place to such forreign Nations as were not in amitie with the Romans Now as to this passage which is found in som Editions It is encompassed with many considerable Islands whereof Ireland is next to it in bigness a barbarous Countrie becaus of the rude behavior of the Inhabitants c. as if the following words did by a continued sens and order relate unto Ireland it beeing indeed contrarie to the truth of som antient Copies and the most approved Editions arose I think upon this ground becaus it was falsly supposed by the vulgar that Ireland alone is treated of in som following Lines Notwithstanding even so also those words which follow the word bigness may as well and ought to refer unto Britain not unto Ireland Moreover also Tacitus saith expresly of the Irish of that Age The men in their dispositions and habits do not differ much from Britain But now that wee may return unto that trimming which was made of Fishes teeth Auxiliaries were wont as Caesar saith to bee supplied out of Britain in almost all those wars that the Gauls mainteined against the Romans And therefore it must bee said either that the Britains were for the most part an abject savage people yea and a dull slothful Generation which appear's to bee most fals or els it must bee conceived that the

least allow such a Dominion VIII Som antient Testimonies of inferior note All the testimonies almost that are comprehended in this Division are indeed domestick but so publick and of so approved credit that hardly any thing can bee imagined which might give a clearer proof of possession whether Civil as they call it consisting in the act and intention of the minde or Natural which require's the presence of the Bodie As it will appear to any man that pleas to make enquirie Especially if hee add hereunto the judgment or acknowledgment of such Forein Nations whom it chiefly concerned whereof wee shall treat also by and by But of these things severally and in order That the Kings of England since the coming in of the Normans have perpetually enjoied the Dominion of the Sea flowing about them is in the first place proved from the Guard or Government thereof as of a Province or Territorie that is to say from the very Law of the English Admiraltie CHAP. XIV AS concerning the Guard or Government of this Sea there are three things therein that deserv special consideration 1. The bare mention and nature of the Guard of the Sea and of the Guardians or Admirals thereof in publick Records and Histories 2. The Tributes and Customs imposed demanded or accustomed to bee paid for and in consideration of the said custodie And lastly the tenor and varietie of Commissions belonging to this Guard and English Admiraltie or Government by Sea Since the coming in of the Normans there is frequent mention of a Guard or Government instituted for the defence and guarding of the Sea Here call to minde those observations touching this kinde of Guard which have been alreadie gathered out of that Record or Breviarie of England called Doomesday And King Henrie the first saith Florentius of Worcester gave order to his Butsecarli to guard the Sea and take care that no person from the parts of Normandie approach the English Coasts The same saith Roger Hoveden in the very same words almost save onely that the printed Copies err in putting Buzsecarlis for Butsecarlis These Butsecarli or Butescarles in the old English Language are Officers belonging to the Navie or Sea-souldiers as Hutesecarli were Domestick Servants or Officers in Court And that to guard the Sea here signified to secure the Sea it self not to defend the Sea-Coasts as somtimes though seldom it did with Land-forces plainly appear's out of Henrie of Huntingdon in whom it is clear that the persons who thus guarded the Sea were emploied by the King to make Warr by Sea against Robert Duke of Normandie who was then preparing an Expedition against England Now those publick Records are lost wherein the Roial Commissions for the delegation of this Command or Government were wont to bee registred all that space of time betwixt the coming in of the Normans and the Reign of K. John But from thence through all the succeeding ages unto this present time it is as clear as day that the Kings of England have been wont to constitute Governors or Commanders who had the charge of guarding the English Sea and were the Guardians or Governors thereof in the same manner as if it had been som Province upon Land First of all there were intrusted with the Government of the Sea or the Maritimae and Marinae the Maritime and Marine part of the Empire understanding by those words not onely som Countrie lying upon the Sea-Coasts but comprehending the British Sea it self though I confess it was not alwaies so such as were to guard and keep it under the title somtimes of Custodes Navium Guardians of the ships but more frequently Custodes Maritimae or Marinae in the sens aforesaid And in the time of Henrie the third Thomas de Moleton is styled Captain and Guardian of the Sea and hath autoritie given him to guard the Sea and the Maritim parts of the Eastern Shore In the same King's Reign also the Inhabitants of the Cinque-Ports are said to guard the Coast of England and the Sea So Hugh de Crequeur was Warden of the Cinque-ports and of the Sea in those parts Afterward the title of Guardians or Wardens very often changed into that of Admirals Edward the First saith Thomas of Walsingham for the keeping of the Sea divided his Shipping into three Fleets setting over them three Admirals namely over the Ships at Yarmouth and the road thereabout John de Botetort over those at Portsmouth William de Leyburn and over the Western and Irish Ships a certain Irish Knight Moreover also that John de Butetort is in the Records of that time styled custos Maritimae as were others also After this in the Reign of Edward the Second three Admirals of the three several Coasts of England saith Walsingham had the guarding of the Sea namely Sir John Oturvin Sir Nicolas Kyriel Sir John Felton Wee finde moreover in our publike Records that the principal end of calling a Parlament in the fourteenth year of Edward the Third was De Treter sur la gard de la pees de la terre de la Marche d'Escoce de la Meer i. e. That consultation might bee had concerning keeping the peace of the Land also of the Borders of Scotland and of the Sea The same regard they had to the defence of the Sea as of the Island or Land-Province giving us to understand that the Land and Sea together made one entire bodie of the Kingdom of England Other evidences of the same nature wee finde in the Records of Parlament of the same King's time or in the consultations of the estates of the Realm had about this matter that whilst they Treat indifferently De la saufegard de la terre concerning the safeguard or defence of the Land or Island and de la saufeguard de la Mere the safeguard of the Sea they seem sufficiently to declare beeing well inform'd by their Ancestors that the Dominion of this as well as of that did belong unto the Crown of England For the business debated by them was not onely how to provide a Navie to make resistance against their Enemies by Sea but for the guarding the Sea it self as well as the securing of the Isle and so for the maintaining the antient right of their King in both In the time of Richard the Second Hugh Calverlee was made Admiral of the Sea saith Walsingham and M r Thomas Percie joined in Commission with him to scour the Roades of the Sea for one year And in the Reign of the same King and likewise of the two succeeding Henries the Fourth and the Fifth debate was had in Parlament about the Guard of the Sea In the Reign of Henrie the Sixth the Guard of the Sea was with a numerous Navie Committed to Richard Earl of Salisburie John Earl of Shrewsburie John Earl of Worcester and James Earl of Wilts to whom was added Baron Sturton and afterward to John Duke

to neglect their profit And in another Letter of the said Ambassador from the Hague to Secretarie Naunton of the 14 of Januarie 1618. Hee give 's him to understand That having been expostulated with but in friendly manner by certain of the States about his late Proposition as unseasonable and sharp they said they acknowledg their Commissioners went beyond their limits in their terms of Immemorial Possession and immuable Droict de Gens for which they had no order Then saith hee I desired them to consider what a wrong it is to challenge that upon right which these Provinces have hitherto enjoied either by connivence or courtesie and yet never without claim on his Majestie 's side c. In another Letter of Secretarie Naunton's to the Lord Ambassador Carlton of the ●1 of Januarie 1618. wee read thus AS I had dictated thus far I received direction from his Majestie to signifie to the State's-Commissioners here That albeit their earnest entreatie and his gracious consideration of the present trouble of their Church and State had moved his Majestie to consent to delay the Treatie of the great Fishing till the time craved by the Commissioners yet understanding by new and fresh complaints of his Mariners and Fishers upon the Coasts of Scotland that within these four or five last years the Low Countrie-Fishers have taken so great advantages of his Majestie 's Toleration that they have grown nearer and nearer upon his Majestie 's Coasts year by year than they did in preceding Times without leaving any Bounds for the Countrie People and Natives to Fish upon their Prince's Coasts and oppressed som of his Subjects of intent to continue their pretended possession and driven som of their great Vessels through their Nets to deter others by fear of the like violence from Fishing near them c. His Majestie cannot for bear to tell them that hee is so well perswaded of the Equitie of the States and of the Honorable respect they bear unto him and to his Subjects for his sake that they will never allow so unjust and intolerable Oppressions for restraint whereof and to prevent the inconveniences which must ensue upon the continuance of the same his Majestie hath by mee desired them to write to their Superiors to caus Proclamation to bee made prohibiting any of their Subjects to Fish within fourteen miles of his Majestie 's Coasts this year or in any time hereafter until order bee taken by Commissioners to bee autorised on both sides for a final settling of the main business His Majestie hath likewise directed mee to command you from him to make the like Declaration and Instance to the States there and to certifie his Majestie of their Answer with what convenient speed you may Thus far Secretarie Naunton to the Ambassador Now what effect the Ambassador's Negotiation with the States had appear's by a Letter of his from the Hague of the 6 of Februarie 1618 to King James himself where among other passages hee hath this I finde likewise in the manner of proceeding that treating by way of Proposition here nothing can bee exspected but their wonted dilatorie and evasive Answers their manner beeing to refer such Propositions from the States General to the States of Holland The States of Holland take advice of a certain Council residing at Delph which they call the Council of the Fisherie From them such an Answer commonly com's as may bee exspected from such an Oracle The way therefore under correction to effect your Majestie 's intent is to begin with the Fishers themselvs by publishing against the time of their going out your resolution at what distance you will permit them to Fish whereby they will hee forced to have recours to their Council of Fisherie that Council to the States of Holland and those of Holland to the States-General who then in place of beeing sought unto will for contentment of their Subjects seek unto your Majestie By these you may perceiv how earnestly the antient Rights of England were asserted and the old Claim made and renewed and a recognition made also in the Reign of that King by the Netherlanders themselvs though all proved to no purpose the King and his Council beeing afterward lull'd again into a connivence one way or other And it give 's sufficient caus to suspect that the men in Power at that time might bee charm'd with monie since it was a Quaere put by the Prince of Orange to the Ambassador Carlton in the heat of all the Controversie Whether the Freedom of Fishing might not bee redeemed with a summe of monie For turning over the Papers of Transactions of the Time immediately following I perceiv the dispute was let fall on a sudden and thereupon an opportunitie given the Netherlanders to encroach more and more every year upon the Seas and Shores of this island And so far they proceeded in this presumptuous Cours through the Toleration given them in the later end of the Reign of King James and the begining of the late Tyrant his son that at length they fell to a downright impeachment of our Rights not in words onely but by contemning the commands of the King s Officers prohibiting us free Commerce within our own Seas abusing and disturbing the Subjects at Sea and the King himself in his very Ports and Chambers and by many other actions of so intolerable a nature that in the year 1635 hee was awakened and constrained to see to the preservation of our Rights at Sea and give order for the setting forth of a powerful Fleet to check the audacious designs and attempts of those ungrateful Neighbors And the following year in prosecution of his purpose hee set forth this ensuing Proclamation entituled A Proclamation For restraint of Fishing upon His Majestie 's Seas and Coasts without LICENCE WHereas Our Father of Blessed memorie King James did in the seventh year of His reign of Great Britain set forth a Proclamation touching Fishing whereby for the many important reasons therein expressed all persons of what Nation or Qualitie soever beeing not His natural born Subjects were restrained from Fishing upon any the Coasts and Seas of Great Britain Ireland and the rest of the Isles adjacent where most usually heretofore Fishing had been until they had orderly demanded and obtained Licences from Our said Father or His Commissioners in that behalf upon pain of such chastisement as should bee fit to bee inflicted upon such wilful Offendors Since which time albeit neither Our said Father nor Our Self have made any considerable execution of the said Proclamation but have with much patience expected a voluntarie conformitie of Our Neighbors and Allies to so just and reasonable Prohibitions and Directions as are contained in the same And now finding by experience that all the inconveniences which occasioned that Proclamation are rather increased then abated Wee beeing very sensible of the premisses and well knowing how far ●ee are obliged in Honor to maintain the rights of Our Crown especially

the persons and goods belonging to their use at the request of divers Princes who had their Possessions upon the shore of the Adriatick Sea and that as well by sundrie Popes Legates Vicars Governors and Commonaltie of the Land of Romania and Marca as by the Kings of Naples for Puglia of which many were granted som denied and others yielded to but in part But it beeing superfluous to allege the Acts of those the Successors of whom do not so much as question this Title hee descended to particularize onely the Predecessors of his Majestie as Kings of Hungarie and Arch-Dukes of Austria Hee recited a Brief of Pope Urbane the sixt directed to Antonio Veniero the Duke of Venice bearing date Luca 14 Junii 1388. where hee give 's him thanks that with his Gallies deputed for the keeping of the Gulf Marie Queen of Hungarie had been inlarged who had been kept prisoner in Castel-novo with two other congratulatorie Letters the one to the said Queen the other to King Sigismund who after was Emperor beeing her Husband rejoicing with them likewise of the said enlargement made by means of the Captain of the Venetian Gallies deputed to the custodie of the Gulf. Afterwards hee caused to bee read a safe Conduct granted at the Petition of Rodulph Earl of Sala in the name of Ladislaus King of Naples and of William Arch-Duke of Austria anno 1399. 12 Decembris that the sister of the said King espoused to the aforenamed Arch-Duke might bee conducted by Sea from Puglia to the Coasts of her Husband with Gallies and other Vessels in all to the number of about twelv with condition that there should not bee suffered to pass upon them any Bandito or banished person of Venice who had don any thing against the Republick which did merit death which safe-conduct should bee available to the Austrians as well in going as in coming so as by the same they might also re-imbark at Trieste and return unto Puglia But yet this safe Conduct was not made use of becaus the King having deferred the departure of his sister for a small time in the interim shee died Also hee produced two letters of the Emperor Frederick unto Duke Giovanni Mocenigo the first dated in Gratz 24 Sept. 1478. the other 2 Apr. 1479. from the same place where hee tell 's him that hee having taken order that there should bee brought from Puglia and Abruzzo to his castles of Castro and of Istria a certain quantitie of corn hee request 's that it may bee permitted him to do it freely which beeing to him a great pleasure hee shall acknowledg it with many thanks This hee seconded with a letter of Beatrice Queen of Hungarie to Giovanni Mocenigo Duke of Venice dated the last of Jan. 1481. whereby desiring for her proper use to have divers things from the parts of Italie which shee could not bring from thence by Sea without the permission of the Republick shee desired that for curtesie sake and friendship it might bee granted her which shee should take for a great favor and correspond upon the like occasion And another of Matthias King of Hungarie to the said Duke dated 26 Febr. 1482. where relating how the Republick was accustomed to give Licence every year to Count Frangipani Patron of Segna and other Maritim places to bring from Puglia and Marca a certain quantitie of victuals and that after the said places were passed over into his hands hee had omitted to desire it wherefore hee now praied that the same grace might bee shewed unto him and that concerning this hee would write his letters and give them to a person which hee had sent expressly to receiv them which hee should acknowledg as a favor and correspond accordingly And another of the same King to Augustino Barbarigo the Duke dated 18 Oct. 1487. in the which relating that hee having need of wood for the reparation of a fortress standing in the mouth of Narenta hee praied that hee might have leav to carrie it unto Segna by Sea and that there might bee Letters Patents made thereof offering to gratifie him in a greater matter Hee added to this a Letter of Anne Queen of Hungarie 30. Aug. 1502. in the which recounting the sterilitie of the Countrie of Segna shee desire 's leav to bring certain victuals from Puglia and Marca and that hee would give to the bearer who was sent on purpose Letters of Licens for the same promising to acknowledg it as a great favor and courtesie Lastly hee produced a Letter dated 3 Sept. 1504. of Giovanni de Dura Captain of Pismo servant to the Emperor Maximilian which hee writ unto the Duke Leonardo Loredano importing that Giacomo Croato a subject of his Majesties parting from Fianona entered into the Sea which is under the Dominion of the Republick for to go to Segna and was there assailed by an armed Bark of Pirates in contempt of the Signorie or Republick and supplicate's that som order might bee taken therein Upon all which particulars hee weighed most that which ought best to bee considered having respect to the times persons and qualities of the several Princes and for greater confirmation of their assent hee remembred the yearly Cerimonie used at Venice where the Duke in presence of the Ambassadors of other Princes particularly of his Majesties did use to espous the Sea by the casting of a Ring into it with these words Desponsamus Te Mare in signum veri perpetui Dominii Wee do marrie the Sea in sign of our true and perpetual Dominion over it VVhich Cerimonie as the foresaid writers do affirm had beginning when Pope Alexander the Third was in Venice notwithstanding they add withal that it was instituted in sign of the Dominion which the Republick had formerly gotten jure belli To the 400 complaints of the Emperors Subjects and to the sentence of Liesina hee answered giving thanks for the remembring of them as a thing brought in much to his favor becaus the complaints do presuppose the prohibition and the sentences either condemning or absolving do prove the jurisdiction And to the salt-barks hee said that they were not suffered to go to Venice as never any are suffered to go all forrein salt beeing prohibited to enter into that Citie and if it were not cast into the Sea it was a courtesie which ought not to bee imputed to them to their prejudice Hee concluded that hee had delivered the true sens of the Capitulations and proved the immemorable possession of the Adriatick Sea that hee could have said much more but it seemed to him superfluous and these two points were made most clear First That this pretence of the Austrians was but new And secondly That their Petition at this Convention could have no place The Imperialists after they had conferred together took a resolution not to persevere in the demand of Justice and the Baron with Suorz said openly that the Republick was Patron of the Gulf and might impose what Customs