before been made Commander of the Fleets And hee was the first for ought wee know that was created in this manner But in the next Form of Commission the name of Picardie was left out So indeed in the fourth year of Henrie the Sixth or Anno Dom. MCDXXVI John Duke of Bedford was by Commission made Admiral of England Ireland and Aquitain That Form continued about 88. years or throughout the Reigns of Henrie VI Edward IV Richard III Henrie VII and the three first years of Henrie VIII And about that time ten others were in like manner made Admirals for the most part perpetual of England Ireland and Aquitain the last of which was John Earl of Oxon who was Commissionated in that Form in the first year of Henrie the Eight But there followed another alteration or addition of Titles in the fourth year of that King Anno Dom. MDXIII At that time Sir Edward Howard Knight son of Thomas Earl of Suâ—â—ie afterwards Duke of Norfolk was made Admiral of England Wales Ireland Normandie Gascoign and Aquaitain To which words Calais and the Marches thereof are added in the Commission of William Fitzwilliams who also was Earl of Southampton beeing appointed Admiral in the twentie eight year of King Henrie the Eight This Form of Commissions held in use afterward through the whole Reign of that Henry adding according to antient Custom the clauses touching Jurisdiction But in the beginning of Edward the Sixt Thomas Baron Seymour of Sudeley brother to Edward Duke of Somerset was made Admiral almost in the same words as that William Earl of Southampton inserting after the name of Calais Boloign and the Marches of the same After him followed John Earl of Warwick who was created by Edward the Sixt in the third year of his Reign our Admiral of England Ireland Wales Calais and Boloign and our Marches of the same of Normandie Gascoign and Aquitain as also Governor general over all our Fleets and Seas And in the same Commission hee is styled afterwards Great Admiral of England and Governor of our Fleets and Seas But after a while the name of Boloign being omitted the next high Admiral of England was created in the very same Form of words as is mentioned before in the beginning of the Chapter For in the same Form was William Baron Howard of Effingham Son of Thomas Duke of Norfolk made Admiral in the beginning of Queen Marie or Anno Dom. MDLIII And the Command or Government of those Seas as the principal charge of that Office or Dignitie is more notably expressed there as you may see than in the Commission of the Earl of Warwick From that time forwards the very same Form was kept alwaies as in the Commission of the high Admiralship granted to Edward Baron Clinton afterwards Earl of Lincoln in the Reign of Philip and Marie also in the Commission of Charls Baron of Effingham afterwards Earl of Nottingham in the time of Q. Elizabeth and of Charls Duke of York in the time of King James besides George Duke of Buckingham who enjoied the same Office or Command in the same words in the Reigns of James and Charls So that for above eightie years or thereabout that is from the beginning of Q. Marie the whole form as it is set down in the beginning of this Chapter was ever expressly reteined in the Commissions of the high Admiralship of England so far as they denote either the Countries or the Seas or the Dominion of the same But therein the Admiral is styled Governor General over all our Fleets and Seas just as John Earl of Warwick was likewise expressly appointed in general tearms under Edward the sixt or over our Seas aforesaid But what were those Seas or the Seas aforesaid They are in the fore-going words expressly called the Seas of our said Kingdoms of England and Ireland our Dominions and Islands of the same That is in plain tearms Mer d' Engleterre d' Ireland Gales or the Sea of England Ireland and Wales after which manner the Seas belonging to the Dominion of England are sometimes also described in our Laws which are called likewise now and then by our Lawyers Les quatre Miers d'Engleterre or the four Seas of England divided according to the four Quarters of the World So that in the most received form of this Commission after the beginning of Queen Marie's Reign out of which also the sens and meaning of former Commissions is to bee collected wee have a continual possession or Dominion of the King of England by Sea pointed out in express words for very many years And what wee have alreadie spoken by way of Collection out of these that followed the beginning of Marie touching the sens or meaning of former Commissions wherein a positive Command of the Sea is not expressed is truly to omit the thing it self which sufficiently intimate's as much of its own nature not a little confirmed upon this ground that hee also who before any express mention of our Seas took place in the form of the Commission of the high Admiralship was next preferr'd to the same dignitie was immediately after his Creâtion according to the whole Title of his Office as beeing the same title which indeed alwaies belonged to the Admirals of England styled Great Admiral of England and Governor General of the Navie and our Seas So verily Thomas Baron Seymour whom I mentioned before is styled Admiral of England in the Patent Roll granted to him by Edward the sixt It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of England from antient to the present time that the Sea for whose guard or defence hee was appointed by the King of England as Lord and Soveraign was ever bounded towards the South by the shore of Aquitain Normandie and Picardie CHAP. XVII BUT in the Form alreadie shewn which hath continued in use for so many years you see mention is made onely of the Seas of our Kingdoms of England and Ireland our Dominions and Islands belonging to the same as the Province for whose guard or defence the Admiral was appointed that is as wee have told you the English Irish and Welch Sea all which is conteined under the name of the British as it hath been observéd at the beginning of this Book Yet the names of Normandie Gascoign and Aquitain besides Calais are added which are Provinces seated upon the shore over against us As to what concern's them in this place they are either to bee considered in the same manner as if they had been alwaies held in subjection by the English from the time of the first mention of them in the Commission or as they have alreadie for som Ages past been out of their Jurisdiction But suppose in the first place that they had alwaies remained in the Jurisdiction and Possession of the English Questionless
also his Sea-men to keep all relief of Victual from going to the Enemie by Sea Hee used the word Pirats in this place as others of that age have don not for Robbers as 't is commonly taken but for such as beeing skill'd in Sea-affairs were appointed to set upon the Enemie's Fleets and defend the Dominion by Sea Touching the derivation of the word the old Scholiast upon Sophocles his Aiax saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is Pira in the Attick Tongue signifie's craft or art and hence it is that they are called Pirats which infest the Sea But when the English-Saxons and Danes in the time of K. Alfred were ever and anon strugling for the Soveraigntie in England for Gurmundus or Guthrunus King of the Danes was at that time setled in Northumberland as a Fiduciarie Client or Vassal to Alfred and had very large Territories in the East-part of England their Fights were mostly by Sea as if they had both been of opinion that hee which could get the Dominion of the British Sea would by necessarie consequence becom Lord also of the Land or of that part of the Isle which lie's before it For this caus also it was that the Danes growing strong at Sea K. Alfred mightily augmented his Naval Forces by building ships twice as long as the Danish ships deeper nimbler and less rocking or rolling and so much more convenient for Sea-Fights Florentius the Monk saith In the same year that is to say the year of our Lord MCCCXCVII the Forces of the Pagans residing in East-England and Northumberland using Piracie upon the Sea-Coasts did grievously infest the West-Saxon's Countrie with very long and nimble ships which they had built divers years before Against whom ships were built by the Command of K. Alfred twice as long deeper nimbler and less waving or rolling by whose force hee might subdue the aforesaid ships of the Enemie It is related also in the same words by Roger Hoveden But Henrie of Huntingdon speaking expresly of the number of Oars that served for the rowing of these ships of Alfred saith King Alfred caused long ships to bee made readie to wit of 40 Oars or more against the Danish ships But there are Chronicles written in the Saxon Tongue that speak of ships of 60 Oars and larger built by him at that time out of which these Writers above-mentioned and others of the like sort have compiled theirs The words of the Chronicles are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say King Alfred gave command for the building of long ships to encounter the Danish But they were twice as long as these whereof som had sixtie Oars som more They were also more nimble less rolling and deeper then the other Not built after the Frisian or Danish manner but such as hee conceived most convenient for fighting So that there is no doubt but the business of shipping was mightily advanced in his Reign among the English-Saxons in order to the defence and maintenance of their Dominion by Sea And wee very often finde that those Sea fights managed by Alfred and his son Edward with various success against the Danes and Normans were undertaken not without great numbers of Shipping But in the time of King Athelstan who was very strong at Sea upon the Irish Nation saith Huntingdon and those that dwelt in ships there fell a fatal destruction The English-Saxon words in the antient Chronicles from whence Huntingdon translated those and which agree w th these are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which fully signifie the same thing For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Scotish Nation and Scots are by the Antients often taken for the Irish. Hee also saith the same Autor led an huge Armie by Land and Sea into Northumberland and Scotland and in regard there was none appear'd to make any opposition bee marched up and down the Countrie and wasting it at pleasure returned with Triumph whereupon saith a Poët of that time Jam cubat in terris fera barbaries Aquilonis Jam jacet in campo pelago pirata relicto Illicitas torvásque minas Analavus anhelans Now is the wilde and barb'rous North brought down Now Analave the Pirat is o'rethrown Who having left the Sea on Land doth lie And spightful threats breath's out against the Skie This Analavus was King of the Irish and of many Islands who invading the Coasts of Athelstan with a Fleet of DCXV ships at the mouth of the River Humber received a great overthrow and was put to a most shameful Flight But King Edgar as saith Florentius of Worcester sailing about the North of Britain with a great Navie arrived at Chester where his eight pettie Kings met him as hee had given order who sware fealtie to him and that they would assist him both by Sea and Land Or as Huntingdon saith of the same thing they all did homage to him declaring themselvs readie at his command to serv him by Sea and Land Among these pettie Kings there was one Maccusius whom Hoveden and Florentius call a King of very many Islands and Florilegus a King of Man and very many Islands William of Malmsburie call's him an Arch Pirat Moreover the same King Edgar as if hee intended to set forth the splendor magnificence and as it were an Epitome of his whole Empire in Sea-affairs and Shipping did as say Florentius and Hoveden during his abode at Chester enter into a Boat wherein hee was rowed by those pettie Kings himself holding the Stern and steering it about the River Dee and beeing attended by all his Dukes and Peers in such another Vessel bee sailed from the Palace to the Monasterie of S. John Baptist where an Oration beeing made to him hee returned in the same pomp unto the Palace In the very Entrie whereof hee is reported to have said to his Lords that then his Successors might boast themselvs Kings of England when they should bee thus attended by so many Kings and enjoy the state and glory of such honors or as Malmsburie write's of the same thing when they should enjoy so great a Prerogative of honors So many Kings as Vassals to bee readie alwaies to assist with their Forces whensoëver they should bee required both by Sea and Land There is also a notable testimonie in the same Florentius and the Monk of Malmsburie how that this King sailed round about his Sea every year and secured it with a constant Guard and Forces Every Summer saith Malmsburie immediately after Easter bee commanded his ships upon every shore to bee brought into a Bodie sailing usually with the Eastern Fleet to the West part of the Island and then sending it back hee sail'd with the Western Fleet unto the Northern and thence with the Northern hee returned to the Eastern beeing indeed very diligent to prevent the Incursions of Pirats that is behaving himself in this manfully as say Florentius also and Hoveden for 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
oppose the Dominion of the King of England by Sea CHAP. XVIII THat there were Admirals also constituted by the French King upon the opposit Shore of France is known to everie man And as there is an Admiral appointed in Gallia Narbonensis to over-see maritim Affairs there so also on the opposite Shore there are distinct Offices of the Admiral of Aquitain Bretaign and Normandie and the adjoining Coasts But the French Lawyers of late are wont to call their Admiral in Latine Praefectus Maris Governor of the Sea as if the Sea were subject to him also as a Governor whereas notwithstanding if the thing bee rightly consider'd that Government of the Sea by what name soëver it bee called doth not signifie as among the English any Dominion of one having command in any nearer part of the Sea for wee speak not of the Sea of Marseille which hath no relation hereunto but onely of their Naval Forces in any Sea whatsoëver together with the Government of the Sea-men and Jurisdiction over their persons and moveables which may fall under the determination of a Judg pour raison ou occasion as they say de faict de la mer that is by reason or upon occasion of any suit or controversie arising about Sea-Affairs For the more plain understanding whereof wee must make farther enquirie In the more antient times there were indeed Admirals or Governors of Sea affairs among the French yet so that their Writers do not a little differ about the original of the dignitie They for the most part say that Rotlandus is found to have been Governor of the Sea of Aremorica or Bretaign under Charlemaign whom they fetch out of Eginhartus who wrote the life of Charls at that time But in Eginhartus he is expressly called Governor not of the British Sea but onely of the Shore of Britaign as wee told you in the former Book In which name there is a description not of one that govern's the Sea as a Province but who command 's the Shore as the limit of his dignitie That is to say of the same kinde as those Counts or officers were who were deputed in that Age to guard the Sea Coast and secure it from the incursions of enemies by Sea There is also a nameless Autor of a Chronicle belonging to a Monasterie called Monasterium Besuense who write's that this guarding of the Shores under the Caroline Kings was given over a little after the time of Charlemaign But in the following Ages the Kingdom of France beeing divided as it wereby piece-meals into several principalites that which a long retained this name of the Kingdom of France was reduced into so narrow a compass that the Province of Narbon was held by Sovereign Earls of its own Aquitain or the Western Shore which lie's more Southerly with Normandie by the English Bretaign either by Kings or Dukes of the same aud Flanders by Earls So that whilst the whole Sea-Coast except Picardie remained separate from that Kingdom there was Sea little enough lying before it Yea and the Naval Forces were small enough of which before the accession of a larger Sea-Coast to the French Kingdom there was most use in the expedition of the holy War Nor was any other Governor wont to bee appointed there by the name of Admiral then hee who as occasion required was put in Command over the Navie and Militarie Affairs by Sea yea and was borrowed from som Nation bordering upon the Sea as the Genoeses or others of that kinde But the Kings themselvs had at that time no Command over the Sea as it is expressly written by Johannes Tilius a Clark of the Parlament of Paris His words are these After that the Kingdom of France was lessen'd by divisions and the Kings confined to more narrow Dominions becaus they had potent Vassals who enjoied Feuds with absolute Soveraigntie if you except their homage for the King of England held the Dutchies of Normandie and Aquitain Britain had a Duke of its own and slanders Tholouse and Provence had their Earls the Kings of France for a long time had no command over the Sea and therefore had no need of Admirals until they undertook the Expedition for the holy Land at which time they made use of Genoeses whom they hired with Spaniards or other of their neighbors that were well skill'd in Sea-affairs to under-take the care of transportation having no office appointed for that purpose and by this means they had many Admirals in one single Expedition But after that the English had quitted Normandie and the Kingdom of France had gotten ground upon the Sea-Coast the use of Sea-Affairs also was somwhat augmented That is to say about the times of John and Henrie the third Kings of England So that the first Admiral that they reckon in the Catalogue of French dignities of whom any memorie is left to posteritie was Enguerandus Coucaeus in the time of Philip the Bold King of France or about the year 1280 as it is related by Joannes Feronius And what kinde of dignitie his was appear's sufficiently thence that his next Successors Matthew Momorancie and John Harcourt were onely upon a particular occasion put in command over the Sea-Forces by Philip the fair as wee understand by their Commission Yea and they are mentioned by William de Nangis by the title of Admirals as others also are by Joannes de Beka in the time of Philip the fair Although Joannes Tilius reckon's Amaurius Viscount of Narbonne to bee the first that bare the dignitie of Admiral in France as a constant setled Office over the Affairs of the Sea to wit in the time of John and Charls the fift Kings of France that is about the year 1300 whilest others are too busie in summing up divers other particulars touching the Antiquitie of this command among the French Afterwards Aquitain was added to the Dominion of the King of France in the year 1453. Henrie the sixt of England beeing driven out But in the year 1481. the Province of Narbonne in the year 1491. the Dutchie of Bretaign and lastly in the space of som years all that the English held in Picardie was added also So all the Sea-Coast except Belgium returned into the Patrimonie of the Kingdom of France Hereupon it came to pass that four Sea-Governments or Admiralships were afterwards in use therein notwithstanding that somtimes one and the same person held several together But of these the Government that belong's to the shore of Normandie and Picardie is at this day usually called the Admiralship of France becaus before that the Province of Narbonne Aquitain and Bretaigne were annexed to the patrimonie of the Crown the onely Maritim Government in the Realm of France was that of Picardie whereto Normandie was added afterward as the next Province the other three beeing denominated from their respective Provinces The whole matter is very well set forth by Renatus Choppinus
our Isles of Gernesey Jersey Serk and Aureney in the Sea between Easter and Michaelmas is according to the Custom of those places acknowledged to belong unto Us at a reasonable rate to bee paid therefore and that the said Fishermen are bound to carrie all the Fish by them taken between the Times aforesaid unto certain places in those Isles appointed that the Officers under our Governor of the aforesaid Isles may take thence for our use at what price they shall think fit and reasonable Nor is that to bee slighted which wee finde in the Chronicles of the Abbie or Monasterie of Teuxburie concerning Henrie Beauchamp Duke of Warwick who was invested by Henrie the sixt with the Title and Dignitie of King not onely of the Isle of Wight but also of Gernesey and Jersey whereunto the other Isles in this Tract do in a civil sens belong The same thing is recorded of the Isle of Wight by that Learned man William Camden and that out of the same Book The Book it self speak's after this manner But the noble Lord Henrie Duke of Warwick and first Earl of England Lord Le Dispenser and de Abergeveney King of the Isles of Wight and Gardsey and Jardsey Lord also of the Castle of Bristol with the appurtenances thereunto belonging died 3 Idus Junii Anno Dom. 1446. in the twentie second year of his Age at the Castle of Hanley and was buried in the middle of the Quire at Teuxburie And a little before it is said of the same man that hee was Crowned King of Wight by the King 's own hand no express mention beeing made in that place of the other islands but they reckoned in the same condition with this as they were part of the patrimonie of the Kings of England But it is not to bee believed that those Isles which lie before the shore of Normandie had been so turned into a Kingdom though subject to the Crown of England unless even they also who made them a Kingdom had conceived that they possessed them before by a Title superior to that of the Dutchie that is to say by a Kingly Title As King Richard the second when hee had determined that Robert Earl of Oxford who also was Marquiss of Dublin and Duke of Ireland should bee creâted King of Ireland questionless did not doubt but that hee himself in the mean time possessed that Island by no less a Title and Dignitie than of King although the name of Lord was wholly used there at that time in stead of King as also until the latter end of the Reign of Henrie the eight So it is conceived upon good ground that those Isles and the Sea lying about them did though they used different Customs constitute one entire Bodie of Empire with the Kingdom of England Whereunto also that special privilege of theirs doth relate whereby through the favor of the Kings of England they enjoie the benefit of freedom from hostilitie by Sea though there bee a Warr on foot between the Neighbor-Nations round about but of this more hereafter And in their Court-Records which contain the Acts or Decrees of the aforesaid Justices Itinerant wee very often finde Pleas of the Crown which phrase is an Evidence of the English Government Also in their Trials those Forms In contempt of our Lord the King his Crown and Dignitie and Our Lord the King was seised of the aforescid Advousen in time of Peace as of his Fee and in Right of his Crown and others not a few of that kinde wee meet with which savor not of any Right of the Dutchie Add moreover that the King of England so held the Right heretofore not onely of the Isles over against the shore of Normandie but of those also which are opposite to Aquitain as a pledg or concomitant of his possession of that Sea so far as it belong'd to the patrimonie of the Kingdom of England that though our Henrie the third renounced his claim to no small part of Aquitain yet that Isle lying before it called Oleron no less famous in the West for Naval Laws than Rhodes was of old hee granted to his eldest son Edward to bee held in time to com as a perpetual Appendant of the English Crown For this Claus was added to the Grant so that the said Isle may alwaies remain to the Crown of England and never bee alienated from the same Also in his Letters granted to the Inhabitants of Oleron hee saith Wee will not in any wise sever you from the Crown of England Som years before also hee in like manner made a Grant of Gascoign or those parts which lie upon the shore of Aquitain near the Sea to Prince Edward upon condition it should remain entirely and for ever to the Crown of England So without doubt his intent was that both the Sea-Coasts and this Isle should in a special manner bee possest by the said Prince but by no means bee disjoined from the English Empire any more than the Sea its self which washt their shores And although after a while both this and som other neighboring Isles did many Ages since for divers reasons follow the fate of those French shores which lie next to them yet in the mean time the Dominion of the Sea remained entire as it did before to the Kings of England as it sufficiently appear's by those other passages which wee have shewn The Dominion and possession of the Sea asserted on the behalf of the Kings of England from that leav of praeter-Navigation or passage which hath been usually either granted by them to Foreiners or desired from them CHAP. XX. THose things which wee have hitherto alleged concerning this possession and dominion are confirmed by several Passports that have been obteined from the Kings of England for leav to pass through this Sea whereof wee have clear Testimonies in Records that is to say granted at the intreatie of Foreiners Our Henrie the fourth granted leav to Ferrando Urtis de Sarachione a Spaniard to fail freely from the Port of London through our Kingdoms Dominions and Jurisdiction to the Town of Rochel It is manifest that in this place our Dominions and Jurisdiction do relate to the Sea flowing between And when Charls the sixt King of France sent Ambassadors to Robert the third King of Scots to treat about the making of a League they upon request made to the same Henrie obteined Passports for their safe passage par touz noz povoirs destrois Seigniories par Mer par Terre that is through all places under our Power Territories and Dominions as well by Sea as by Land There are innumerable other Letters of Passport called safe Conducts in the Records especially of Henrie the fift and sixt whereby safe Port and Passage was usually granted as well by Sea as by Land and Rivers that is to say throughout the whole Dominion of him that made the Grant And it is
Subjects and that at least som certain ships might in favor of the King's Majestie have leav granted them once a year at least during the Warr to carrie Provisions and that wee may bee able to certifie the King our Master how far wee in this case prevail But the Ambassadors had this Answer that the Queen cannot in reason bee induced to consent it should bee don as they desired And whereas you allege a supposal that both English and Netherlanders have Licence given them somtimes to transport Corn Wee to wit the Chief men of her Majestie 's Privie-Council who gave the Answer dare confidently affirm that never any such matter was granted by the Queen nor will shee ever incline to grant the like during the warr If the Queen had not in the opinion of the Danes as well as of the Hans-Towns before been Soveraign of the Sea-Territorie through which they were to pass to what end then was this so earnest a Petition and so imperious an Answer Here in this often iterated Petition no libertie is pretended besides that which depended upon the Queen's pleasure as Soveraign of the Passage For this caus also it was that John King of Sweden in that Letter of his sent to Queen Elisabeth in the year 1587. wherein hee desired leav for Olavus Wormaeus a Swede to carrie Merchandise into Spain acknowleged that hee must of necessitie Maritimas Reginae ditiones pertransire pass through the Sea-Dominions of the Queen which are the very words of the Letter Nor is it any new thing that this kinde of passage should bee denied to Foreiners For in very many of those Pass-ports that were granted to the Merchants of Neighbor-Nations by Edward the first during the warr between him and the French this claus is usually added upon condition that they neither conveie nor caus any thing to bee conveied to the French partie nor communicate any thing 〈◊〉 all to our Enemies there in any manner whatsoâ—ver as wee read it in the Records where are many others of the same kinde From hence it is that in the same King's instructions it is required that his Soveraigntie by Sea bee preserved with extraordinarie care and diligence as belonging to him by antient right as Arbiter and Moderator of the Laws or Customs and Persons of such as pass therein The words themselvs which signifie the same are these Especialment à retenir maintenir la Sovereigneté qe ses ancestres Royes d'Engleterre soloyent avoir en la dite Mier d'Engleterre quant à l'amendement declaration interpretation des lois per eux faits à Governer toutes Maneres des gentz passanz per la dite mier especially to retein and maintain the soveraigntie which his Ancestors the Kings of England were wont to have in the said sea so far as concerns the amendment declaration and interpretation of the Laws by them made to govern all manner of Nations passing through the said sea Hereunto also belong's that Commission of King John whereby hee required in very imperious terms that all kindes of ships whatsoëver which could bee found throughout the English Sea it beeing expressed by the general name of the Sea as flowing round about should bee staid and bee brought near his shores For it hath been a Custom in all Ages that the ships of any persons whatsoëver as well Strangers as Subjects may somtimes bee staid in the Ports But it was King John's intent that his whole Sea as well as the Ports themselvs should bee plainly signified in this Commission In witness whereof I here set down the Commission it self The KING to all the Sturemanni and Marinelli and Merchants of England that sail by Sea greeting Bee it known unto you that wee have sent Alanus Juvo de Sorham and Walter Stattun and Vincent de Hastings and Wimund de Winchelsey and others of our Barons of the Cinque-Ports and other our faithful Sturemanni and Marinelli of our Gallies to arrest all ships that they shall finde and them safely to bring with all that shall bee found in them into England And therefore wee command you that yee bee attending upon them in this business so that yee bee in England with all your Ships and Merchandises at such Port and Coast as they shall appoint you And if any shall attempt to resist them contrarie to our command you our Liege-men are required to assist them with all your strength as you tender your selvs and your chattels and peace and residence in our Land for you or any of your Generation Witness hereunto William Briwr at Lutegar the eight daie of Februarie These Sturemanni here do signifie Sea-Captains and Marinelli Sea-souldiers But to command that all ships should bee arrested throughout the Sea that is staid or taken and brought into England what els was it but undoubtedly to declare himself Lord of the Sea through which they passed Now let no man object that this Commission extended onely to the Ships of English men or of the Subjects of him that gave the Commission It is true indeed that the Commission before cited was sent and directed onely to the Sea-Captains Men of Warr and Merchants of England But yet it is manifest thereby that the four persons there named and others Barons of the Cinque-Ports and the rest that are added were obliged by the aforesaid Commands to arrest all the ships that they should finde throughout the Sea and bring them safely into England with all that should bee found in them But this part of the Commission was added as it plainly appear's that no English Sea-Captain or Souldier or Merchant whatsoëver might bee wanting in their assistance in staying the ships of Foreiners If anie one shall attempt to resist them contrarie to our command you our Liegemen are required to assist them with all your c. Our Liege-men in this place or they that ought to give assistance in making stay of ships are all the Sea-men and Merchants of England that sail up and down throughout this Sea They therefore whose ships were to bee staid did not com under the name of Liege-men or Subjects and that it so appear's to bee by the very Form of this Commission that there need 's not any thing more bee added touching this matter I suppose no man will doubt who take's it into his more serious consideration Nor do the words make mention of the ships of Enemies but of any whatsoëver as beeing deliver'd by a Soveraign Prince who was concerned at that time for his own occasion and at discretion to use not onely his own Sea-Territorie but also the ships sailing therein as well as those that were in Port. Wee finde a Commission of the like nature and which speak's to the same purpose in the time of King Edward the third wherein Command is given to make stay of all ships of ten Tuns and upward that should bee found in the South and Western Sea except som that
to the Royal Patrimonie of England to the end that no man might question whether the Sea belong'd to his King by the Right of the Kingdom of England or of the Dutchie of Normandie or of any other Province in France Another also who wrote in the time of Henrie the Eighth saith it hath been received by antient custom that it is a dutie lying upon the King of England as Lord of the British Sea to scour the Sea of Pirates and to render the use thereof as of a publick Road or Thorow-fare whose soil is within his Patrimonie safe for Shipping For hee expresseth himself in English thus The King of the ould Custome of the Realme as the Lord of the narrow Sea is bound as it is said to scoure the Sea of the Pirates and petit robbers of the Sea So much also as to what concern's Dominion is without controversie admitted by our Lawyers of later time And it appear's by publick Records conteining divers main points touching which the Judges were to bee consulted for the good of the Common-weal in the time of King Edward the Third that the King's Sea-Dominion which they called the antient superioritie of the Sea was a matter out of question among our Lawyers of that Age. But consultation was had for the more convenient guarding of it For the whole Bench of Judges were advised with to the end so wee read it in the Records and that is especially to bee observed which wee finde here about the first beginning of the Naval Laws of the Isle of Oleron seated in the Creek of Aquitain at the mouth of the River Charente that the form of proceeding heretofore ordained and begun by Edward the first grandfather of our Lord the King and his Council at the prosecution of his Subjects may bee resumed and continued for the reteining and conserving of the antient superioritie of the Sea of England and the Autoritie of the Office of Admiraltie in the same as to the correcting expounding declaring and conserving the Laws and Statutes long since made by his Predecessors Kings of England for the mainteining of Peace and Justice among all people of what Nation soëver passing through the Sea of England and to take cognisance of all attempt to the contrarie in the same and to punish Offenders and award satisfaction to such as suffer wrong and damage Which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the holy Land interpreted declared and published in the Isle of Oleron and named in French le ley Olyroun Here you have it declared as a thing most received and certain that the King of England hath by antient right been Lord of the Sea of the same name or that which flow's about it But that whereof the Bench of Judges were to consult was onely about the orderly maintenance of this right Nor is it truly a small sign of this Dominion that Richard the First King of England beeing in the Isle of Oleron which hee possessed as seated in his own Sea not so much for that hee was Duke of Aquitain as King of England whereof wee have alreadie spoken did as sole Ruler and Moderator of Sea-affairs first publish those Naval or Sea-Laws in that his Island which hold in force to this day and from that time gave them so large and perpetual an Autoritie by that name that as the Rhodian Naval Laws as the case stand's do prove that the Rhodians in antient time were Lords of the Grecian Sea so the Laws of Oleron having obteined such a kinde of Autoritie by Sea from their first Institution must ever declare the King of England as the Autor to bee Lord of the neighboring Sea round about But som printed Copies of these Laws make them about sixtie years later than the Reign of that Richard by what autoritie I cannot tell For they relate them to have been made in the year MCCLXVI which is the fiftieth year of our Henrie the third Also in the Law of the Land it is reckoned among the Privileges of such as are absent that they who shall bee out of the Realm of England at the levying of a Fine of any Land and making Proclamations thereupon are not so bound either by a yearly prescription as heretofore or by a five years prescription as is usual of later time but that their Right remain's entire to them upon their return home if they make their claim within the like spaces of time But intra regnum within the Kingdom is by the same Law taken and that in the usual phrase for that which is intra or as it is wont to bee barbarously render'd infra Quatuor Maria within the four Seas to wit the Southern Western Eastern and that Northen Sea which washeth both the sides of that neck of Land whereby Scotland is united to England That is to say within the outmost bounds of the English Empire in those four Seas or within the opposite Shores of the Eastern and Southern Sea or Ports belonging to other Princes and within the bounds of the Northern and Western Sea which indeed are to bee bounded after another manner but yet to bee bounded that is accordirng to the extent of possession West-ward beyond the Western Shores of Ireland and by the first beginning of that Sea which is of the Scotish name and jurisdiction But that which is opposed to this Particle intra quatuor maria within the four seas is that extra quatuor Maria without the four seas or to bee in the parts so beyond the Seas that they bee beyond the bounds of the Sea-Dominion of the King of England from whence wee are to determine of the bounds or exterior limit of the Seas And although the Land of England bee somtimes used for that which is the whole Realm or English Empire as signifying the same a more ordinarie and indeed more brief expression beeing applied as is usual in stead of a more large yet it certainly appear's that extra quatuor maria without the four seas and extra Regnum without the Realm do in our Law-Books signifie the very same thing that is to say so far as the extent and latitude of the whole English Empire is comprehended in the name of Realm not as the Realm of England is now and then distinguished in our Law from Ireland which also is a distinct Dominion of the same Empire or from the other Islands which are reckoned in the Roial patrimonie of the Kings of England For it is usual in the Language of the Law so to describe him who in that sens shall bee out of the Realm And whereas in the Reign of Richard the second to an objection made against one that would avoid the yearly prescription as not bound by it for that hee was not in England it was excepted that hee was in Scotland and so within the four Seas It was thereupon answer'd and rul'd
cognisance of things don contrarie to this Truce and pass their Judgments according to the Law or Custom of Merchants and the Form of Sufferance After a revolution of som years wherein this kinde of Truce took place and somtimes not a League was made in the year of our Lord MCCCIII which is the one and thirtieth of Edward the first The first Article of that League is that those Kings should not onely bee at amitie with each other but also that they should defend one another in all manner of Rights against any others whomsoêver except the Church of Rome and on the part of the King of England his son in law John Duke of Brabant but on the part of the King of France Albertus King of the Romans and John Earl of Henault But the third Article thereof for the first and third is of singular use in that Libel or Bill of Complaint as will appear by and by is this Item il est accorde qe l'un ne receptera ne sustendra ne confortera ne fera confort ne aide as Enemies de l' autre ne soffera qu' ils eient confort souccors ne aide soit de gent d' armes ou de vitailes ou d' autres choses queles q' eles soient de ses terres ou de son poiar mais adiondera sur peine de forfature de corps d' avoir empeschera à tot son poair loiaument en bon foi qe les dits enemies ne soient resceipts ne confortes es terres de sa seignurie ne de son poiar ne q'ils en aient confort soccours ne aide soit gents d' armes des chevaux d' armeures de vitails ou d' autres choses queles q' eles soient which is in English to this effect that according to this contract of amitie they were neither of them in any wise to cherish the enemies of the other nor suffer any kinde of aid or relief to bee afforded them in their Territories The war beeing thus at an end becaus there arose very many complaints concerning injuries don up and down as well in the more open as in our own Sea during the special Truce afore mentioned but also it was probable that others of that kinde might arise perhaps after the League was made especially by reason of the differences at that time betwixt the French King and the Earl of Flanders therefore Commissioners were appointed by both Princes to hear and decide them And those at that time on the behalf of the King of England were Robert de Burghershe Constable of Dover Castle and John de Banquell Steward of Pontoise Baraldus de Sescas and Arnaldus Ayquein Knights on the French King's behalf were appointed the Lord Saquilly Mittonius Blanvillius Bertrandus Jordanus and Gulielmus Ralastansius Knights also To the end that they might take cognisance so it is in the King of England's Commission des enterprises mesprises forfaites en Treve ou en Sufferance entre nos le dit Roy de France d' un part d' autre es costeres de la mer d' Engleterre autres per deceâ— ausint per devers Normandie autres costeres de la mer per de la that is of encroachments injuries and offences committed on either side in time either of the League or Sufferance or of the Truce agreed on between Us and the said King of France for freedom of Commerce onely either upon the Sea-Coasts of England or any other neighboring Coasts of the Sea either towards Normandie or others more remote But the aforesaid parties were autorised by two Commissions in such manner that the one Commission contained four and the other also four an equal number beeing appointed by both the Kings They both bear date the last day of June MCCCIII To these Commissioners or others of that kinde the Libel was jointly exhibited by Procurators on the behalf of the Prelates and Peers of England also of the high Admiral of England yea and of the Cities and Towns throughout England and lastly of the whole English Nation and others subject to the King of England and how this could bee don otherwise than by autoritie of the Estates in Parlament is not to bee imagined With these in like manner were joined the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoëses Catalonians Spaniards Almains Zelanders Hollanders Friâ—slanders Danes and Norwegians besides others under the Dominion of the Roman German Empire All these together instituted an Action or Complaint against Reyner Grimbald who beeing Governor of the French Navie had during the war between King Philip of France and Guie Earl of Flanders intercepted and spoiled Merchants of their Goods in this Sea that were bound for Flanders And all these Complainants jointly say that the King of England and his Predecessors have time out of minde without controversie enjoied the Soveraigntie and Dominion of the English Sea and the Isles of the same by right of their Realm of England that is to say by prescribing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished than with such necessaries as belong to Merchants and by demanding suretie and affording protection in all places where need should require and ordering all other things necessarie for the conservation of Peace Right and Equitie between all sorts of people passing through that Sea as well strangers as others in subjection to the Crown of England Also that they have had and have the Soveraign Guard thereof with all manner of Conisance and Jurisdiction in doing Right and Justice according to the said Laws Statutes Ordinances and Prohibitions and in all other matters which may concern the exercise of Soveraign Dominion in the said places To wit such matters as concern'd the office and jurisdiction of the Admirals that were wont to bee appointed by the Kings of England Then adding the first Article afore-mentioned of the League made but a little before whereby both Kings were obliged to defend one another's right they proceed in their Accusation against Grimbald saying That hee is onely Master of the Navie of the King of France but call's himself Admiral of the said Sea and pretend's that hee was autorised under that title by the King of France upon occasion of his making warr against the Flemings And that after the making of the said League and contrarie to the intent and meaning of the same hee had for above a years time unjustly assumed aâ—d usurpâ—d the office of Admiral in the said Sea by autoritie of the King of France his Commission taking the People and Merchants of England and other Nations passing through that Sea imprisoning and spoiling them of their Goods and delivering them up to the King's Officers as Goods forfeited and confiscate And whereas hee hath in a very insolent manner justified these actions of his in writing as don by autoritie of the King his Master's Commission as also according to
that Libel by so many Nations Moreover truly it is worthie observation that about the very same time to wit a little before the making of the League the King of England did homage to the French King for the Dutchie of Aquitain the Earldom of Pontois and other Provinces that hee held in France that hee was also wholly deprived of them som time before by decree of the Parlament of Paris yea and that about one hundred years before King John was outed of Normandie and yet afterward that the King of England now and then regained a possession of it and that before the time of the League and of the publication of this Libel which serv all to this end that wee may observ that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain and the absolute Dominion thereof was asscribed by so many Nations upon a Title derived time out of minde to the King of England and his Predecessors yet in the mean time no title at all was pretended in right to their possession either of Normandie or Aquitain whereupon a Dominion of any part of the Sea might in any sort bee grounded but claimed upon the sole right of the English Empire And it appear's evident by the thing it self that the things complained of by those Nations in the Libel were don by that Governor of the French Navie chiefly in the Sea near the shores of France and Flanders which were in hostilitie with each other And so certainly they all unanimously affirm that the whole Sea whereof they speak is under the Dominion of the King of England and that upon the sole Account and right of the English Empire And as for Grimbald hee did not defend himself either by a pretence of any Dominion of the King of France or by disproving of that Prescription whereupon the English Title depend's as a thing not declared according to Truth or antient Right nor did hee at all pretend that the Right which the Kings of England had in the Sea borde ring upon France did belong to them either upon the account of Normandie or any other French Province whatsoêver as Fiduciarie Clients or Vassals of the King of France though it had been convenient and very seasonable for him to have alleged all these Particulars if the Truth had been so indeed Whereby also that is not a little confirmed whereof wee discoursed before about taking the names of the shore over against us in the later Commissions of the Office of high Admiral of England for limits onely of the Sea-Dominion of the Kings of England and of the Province thereof under their protection Moreover also about seven years before the exhibiting of the aforesaid Libel to the Commissioners when as the King of France by reason of divers heinous injuries don to his Subjects by the English in this Sea required that the King of England as hee was the Fiduciarie Client or Vassal becaus of Aquitain and other Provinces that hee held under him in France should bee questioned not onely for wrong don but also for his right to those Lands which hee held and bee summoned to appear in the Parlament of Paris the matter beeing set down at large in the Letter of Summons hee inserted nothing therein whereby hee might seem to arrogate any Sea-Dominion at all to himself or diminish that which belong'd to the King of England as you may see in I lorilegus who hath set down an entire Copie of them in his Annals The same Autor also speaking of the same Time saith At that time there was neither Lord nor Law over the Sea men but what every man was able to catch or snatch hee called his own which plainly denote's an extraordinarie Licence or of Depredation and infesting the Sea yet so to bee understood that in the mean time the incomparable power of the English in Shipping which guarded their Dominion by Sea according to the Custom of their Ancestors was chiefly signified thereby the King very freely permitting his Subjects to use depredations by Sea as long as the war continued For Florilegus himself relate's that great numbers both of French and Spaniards were then taken at Sea by the English Yea and about that time Thomas of Walsingham write's that either a French or Norman Navie of two hundred Sail which roved about this Sea to rob the English were overcom by a Fleet of sixtie English Ships and brought into England There is also another antient Autor of the same time when these affairs were acted who saith That in the Month of May MCCXCIV there fell out a Quarrel between the Sea-men of the Cinque-Ports of England and the Sea-men of France and it was determined by a fight at Sea wherein the English with a Fleet of one hundred Sail took two hundred Ships of France and drowned or killed almost all the Sea-men of France for which caus Philip King of France endeavored to take away Gascoign from the King of England Others there are likewise that have other expressions touching these things whereby it is easie to collect what is meant by that of Florilegus when hee saith that there was neither Lord nor Law over Sea-men at that time that is to say the King of England had let the reins loos to his Subjects as Moderator of this Sea and this hee did that they might not onely restrain his enemies but them also that should reliev his enemies in any manner whatsoêver or that should use the Sea otherwise than at his pleasure who was Lord thereof But as concerning the like acknowledgment made singly and apart by the Flemings of the Dominion of the Kings of England over the Sea I shall Treat by and by after that I have in the next place set before you the Libel it self in its own that is the Norman Tongue as it stand's recorded in the Tower of London A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter CHAP. XXVIII IN the Archives of the Tower of London where Records of above four hundred years are kept there is a bundle of Parchments which contein som affairs relating to the times of Henrie the Third and of Edward the First and Third The first contein's an agreement made between Edward the First and Guy Earl of Flanders touching their Ships bearing of Colors about this Sea to the end that they might bee the more easily known Then there are annexed three either Originals or Copies of the said Libel written at the same time For as it seem's the several Procurators of those Nations that were parties in the Complaint had their several Libels though expressed in the name of all together So that one is endorsed thus De Baiona as if that Libel had been exhibited singly by the men of Bayonne but the title run's thus De Superioritate Maris Angliae Jure Officii Admirallatûs in eodem
THERE IS NO MEMORIAL TO THE CONTRARY HAVE BEEN IN PEACEABLE POSSESSION OF THE SOVERAIGN LORDSHIP OF THE SEA OF ENGLAND AND OF THE ISLES WITHIN THE SAME with power of making and establishing Laws Statutes and Prohibitions of people as well of other Dominâ—â—ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right aâ—d Iustice to high and low according to the said Laws Staâ—uâ—es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of aâ—â—â—al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iudâ—â—â—nâ— aâ—d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying Sâ—â—ps otherwise furnished and â—et forth thâ—â— Merchant-men use to bee aâ—d in all other points where a man may have reasonable caus to suspect them of Robbery or other â—…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all Aâ—â—ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judiâ—aâ—ure are very seldom set down in Historiâ—â— But wee understand by the French Historie that this Griâ—bald was Govâ—â—â—or of the French Navie at the very same time Paulus AEmiliuâ— writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa â—ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Reginâ—rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left
what hath been alreadie spoken And from hence perhaps it is that the more antient Arms of the Kings of Man were a Ship with a Sail folded together and this Inscription added Rex Manniae Insularum King of Man of the Isles as M r Camden observ's from their Sails For the three legs of humane shape now every where known are but of later time But afterwards when Ireland was subdued by Henrie the Second and King John and Reginald King of Man brought into the power of King John the English possessing this Sea at that time with a very numerous Navie there is no reason at all to doubt but that the neighboring Sea round about was taken also into the Dominion of the English For in that Age the King of Man was no absolute Prince but beeing subdued hee paid homage to the King of England yielded under his subjection But in a short time after Alexander the Third King of Scots annexed it to the Dominion of Scotland and put in a Governor who was to assist him upon occasion with thirteen Gallies five hundred Seamen Hee recover'd the Hebrides also by driving out the Norwegians transmitted it to his posteritie Then Man returned again to the English who enjoied Ireland a long time together with it that sea-territory But the Kings of the Hebrides and of Scotland enjoied the Northern part of this Western Sea after that they had expell'd the Norwegians who were Lords here of the Sea And from hence it is that as Scotland England this Isle of Man the Hebrides and Ireland with other adjacent Isles so even the Vergivian and Deucaledonian Sea it self washing the West of Scotland and surrounding these Isles with windings and turnings ought now also to bee accounted the antient Patrimonie of the King of great Britain But there is moreover in the more Westerly part of this open and main Sea another Right belonging to the King of Great Britain and that of a verie large extent upon the Shore of America Whenas S r Humfery Gilbert Knight did by Autoritie of Queen Elisabeth transport a Colonie into the New World with design to recover certain Lands in the East parts of the Northern America which of Right belong'd to the English Dominion the Queen was by him as her Procurator put into a possession for ever to bee held by her and her heirs both of the Port called by the name of S t John which is in the Island of Baccalaos and also of the whole Sea as well as Land on every side for the space of six hundred miles Then hee received this new Kingdom of the Queen as her Beneficiarie having a Branch and a Turf deliver'd in his hands according to the usual cerimonie of England in transferring the Ownership of Lands and Possessions Nor truly was it necessarie that hee should otherwise get the Possession from whence this Dominion of the Queen and her Posteritie had its Original For as Paulus saith well there is no necessitie that hee who intend's to take possession of a Field should walk about the whole but t is sufficient if hee enter any part of that Field so long as hee doth it with a minde thought and intent to possess the Field to its utmost extent and bound Which saying may relate to Seas as well as Lands that were never taken into possession So that as Siculus Flaccus Treating of Occupatorie Lands saith Men did not possess so much land as they were able to till but they reserved as much as they were in hope they might bee able to till the like also may bee said of a Sea so taken into possession Look how much was reserved in hope of using and enjoying so much also was bounded But perhaps the first original of the Dominion of this main Sea of America did not proceed from the Possession that was acquired by Gilbert Hee rather restored and inlarged the Right of the Crown here For that Island called Baccalaos was added to the English Empire by Sebastian Chabot in the time of Henrie the Seventh And it is certain that afterwards it grew to be a Custom for the Officers belonging to the High Admiral of England in whose charge are all the Seas subject to the King of England and Ireland as King of England and Ireland to demand Tributes of such as fish't also in this Sea which was I suppose a most evident token of the King's Dominion But it was provided by an Act of Parlament in the Reign of Edward the Sixth that no Tributes of that kinde to the grievance of Fishermen should bee paid any longer How far our English Colonies lately transported into America have possessed themselvs of the Sea there I have as yet made but little enquirie Touching the Dominion of the King of Great Britain in the Scotish Sea especially toward the East and North. CHAP. XXXI THose particulars which were cited before out of the Proclamation of James King of Great Britain about the Prohibition of Fishing relate as well to the Scotish Seas on every side from whence also you must acknowledg their possession hath been reteined together with an antient Sea-Dominion That is to say all Foreiners were prohibited to Fish in these Seas without leav first obteined at Edenburgh And in those Scotish Acts of Parlament they are not so much new Laws made as old ones revived wherby it was ordeined That all manner of Fischeres that occupies the Sea and vtheres persons quhat sumever that happenis to slay Hering or quihte Fish upon the Coast or within the Iles or out with the samen within the Frithes bring them to free Ports c. where they may bee sold to the Inhabitants of the same kingdom quhairby his Maâ—esties Customes bee not defrauded and his Hienes Lieges not frustrat of the Commoditie appointed to them be God under the pain of confiscation and tynsel of the veschelles of them that cumes in the contrair hereof and escheiting of all their movable guddes to our soveraine Lords use So that use and benefit is claimed hence by a special right in that Sea otherwise truly that use and bene fit would of right no more appertein either to the King of Scotland or his Subjects than to any other whomsoêver But the Law was made concerning all Fisher-men as well strangers as Scotch-men as beeing ordeined by all the Estates of that Kingdom who so well understood both the King 's Right and also their own as subordinate to the King's by Tradition from their Ancestors or by long-continued possession and Dominion that there remained not the least ground of scruple touching that business And a Scotish Lawyer speaking about Fishing in the Eastern Sea of Scotland I cannot saith hee omit to tell you that in the past Age after a most bloudie quarrel between the Scots and Hollanders about occasions belonging to the Sea the matter was composed after this manner that in time to
thing in a manner was acknowledged by a subject of the King of Denmarks no mean man in a Letter that hee wrote som years since to a friend of his in England his name is Gudbrandus Thorlacius Bishop of Hola in Island who in a Letter sent hither Anno MDXCV to Hugh Branham Pastor of Harwich call's the Britains almost Lords there of the whole Sea There is saith hee a report now at this day that you of Britain whom I had almost called Lords of the Sea have Negotiations every Year in Groenland But the Kings of Denmark deny it here and this more Northerly Sea which belong's to Island they challenge to themselvs as they are Kings of Norway and that by antient right if not unjustly pretended To this purpose let us observ that passage which I finde in a speech of the Ambassadors of Erricus the tenth King of Norway and Denmark delivered unto our Henrie the fift which run's to this effect Most victorious King of England may it pleas your Majestie to understand that our most gratious Lord the King of Norway c. aforesaid hath certain Islands to wit Island Jeroy Hietland and manie more belonging to his Kingdom of Norway whereunto of old no persons were wont to repair out of other Countries upon any occasions whatsoëver either of Fishing or Merchandisiâ—g under peâ—il of life and limbs nor might the men of the Kingdom of Norway more than those of other Countries without special licence from his Majestie Nor might they after Licence obteined set forth out of any other place than the Citie of Bergen nor return to the same place but upon inevitable necessitie or when they ought to paie Customs and other Duties to the King's Exchequer according to the most antient Custom of Norway which hath been constantly observed time out of minde in that Kingdom Also in the year MCCCCXLV Christophor King of Denmark and Norway granted the Inhabitants of Zirickzee in Zealand a freedom of Navigation into his Kingdom Island and other Isles beeing excepted and prohibited which are the very words of the Grant Moreover out of the League made at Koppenhagen in the year of our Lord MCDXXXII between our Henrie the sixt and the same Erricus King of Norwaie and Denmark the Commissioners of the King of Denmark who held a Treatie at Bremen with the Commissioners of our Queen Elisabeth in the year MDC II about the free use of this Sea alleged this Article almost to the same sens It is provided that all Merchants and all other men whatsoëver in subjection to the King of England and France do not presume hereafter under peril of loss of life and goods to visit the Countries of Island Finmarck Halghaland or anie other prohibited places and unlawful Ports whatsoëver in the Kingdoms of Denmark Sweden and Norway Yea and som years before the use of this Sea was prohibited both to Merchants and Fisher-men unless they were bound with Merchandise to North-barn the most eminent Town of Traffick under the King of Norwaie And touching that particular there is an Act of Parlament of Henrie the sixt whereby such a kinde of Prohibition continued in force for certain years in favor of the King of Norwaie So that there were many Letters Patents afterwards granted by our Kings to their subjects of England whereby they had Licence to go unto Island Finmark and other Dominions of the King of Norway and Sweden But that Statute the rigor whereof was dispensed with at the King's pleasure by such kinde of Grants became repealed at the beginning of the Reign of King Henrie the eight And Joannes Maior making mention of that time saith A Fleet of English went everie year to Island beyond the Arctick Circle to catch Fish But what manner of determination soêver ought to bee made touching the Dominion of this more Northerly Sea yet certain it is such a perpetual servitude at least was by several agreements betwixt the Kings of England and Norwaie imposed upon it that to this day also the subjects of England enjoy a perpetual right of sailing unto Island and of using and enjoying this sea For by a League made at Koppenhagen in the year MCDXC betwixt Henrie the seventh of England and John the second King of Denmark and Norwaie it was concluded that all Merchants and Liege-men Fisher-men and any other persons whatsoëver beeing subjects of the King of England and France might for ever in time to com sail freely to the Island Tyle that is to saie Island for in that age it was generally taken for Thule as it is now also by som thither to have recours and to enter with their ships and goods and merchandise victuals and any other commodities whatsoever upon occasion of buying selling fishing or merchandising and there to abide and convers after the manner of Merchants and from thence freely to return as often as they pleas without any Prohibition molestation or impediment of Us or our heirs and successors in the Kingdoms of Denmark and Norway or of any of our Officers they paying the due rights and usual Customs as well in that Island as also in the Ports belonging to the same where they shall happen to arrive Provided alwaies that seven years immediately after the date of these presents they do Petition to renew their Licence from us and our successors Kings of Denmark and Norway to the end that so from seven years to seven years Merchants and all otheâ— persons aforesaid may for ever acknowledg us and our successors Kings of Denmark and Norway in the renewing of their Licence But that this League was not limited by any time but concerned the heirs and successors of both the parties appear's not onely in part by what hath been alleged alreadie but by the very form of the Preface which I thought meet to add in this place VVee John by the Grace of God King as aforesaid by the unanimous advice and consent of our beloved Counsellors and others the Lords and Nobles of our Kingdom of Denmark have caused a Treatie to bee had with the Orators of the most illustrious Prince Henrie by the Grace of God King of England and France our most dear Brother James Hutton Doctor of the Civil Law Thomas Clarentieux King of Arms Thomas Carter and John Beliz Merchants of Lyn about the restoring of peace and establishing a perpetual concord between our Kingdoms which Counsellors of ours and the Orators autorised in our Citie of Koppenhagen by special Commission of the afore named King of England our most dear Brother and with full power whereof wee are assured by the Letters of the said King of England have concluded that between us our heirs and successors well willers friends and allies and the most illustrious Prince Henrie King of England and France our most dear Brother his heirs and successors well willers friends and allies there bee and shall bee for ever in time to com
a perpetual peace inviolable friendship and firm concord in the following form Yea and that League was renewed in the year MDXXIII by Henrie the eight of England and Christiern the second King of Denmark and Norway in the same form The right therefore is perpetual and transmitted to the heirs of the K. of England that the English should have a free use of this more Northerly Sea belonging to Island But frequent Ambassies notwithstanding passed on both sides about that business in the Reigns of Frederick the second and Christiern the fourth Kings of Denmark and of Elisabeth Queen of England The Danes alleged that the English had no right to use this kinde of libertie without leav first obteined of the Kings of Denmark and that renewed every seven years according to that league made in the time of John the second and Henrie the seventh Moreover Nicolas Craig who was sent Ambassador into England by Christiern the fourth in the year MDXCIX pretended the agreement at Haderslabe in the year MDLXXXIII between Frederick the second and Queen Elisabeth as if it had therein been expressly provided that this servitude in the Sea of Island established by the English might bee limited by a denial of Licence at the pleasure of the King of Denmark But it was answer'd both by the Lords at home in England as also by the Queen's Commissioners sent to Bremen for the transacting of this business that this right or Sea-servitude is so confirmed to the English as well by Prescription of time as by perpetual agreements of Leagues that that particular which occurr's in the agreements of King John the second and Henrie the seventh about asking of Licence doth in no wise relate to this effect that whether it were denied or not requested by Petition that right or servitude could bee diminished but to this end onely that the English by a customarie Petitioning every seven years might acknowledg the Norwegian right in this Sea There was neither manner nor condition nor time annexed to the servitude but it took place there onely to this end that the memorie meerly of the benefit of the League or of the Original of the servitude established might bee renewed now and then by Petition Yea Frederick the second in his letters to Queen Elisabeth dated the fourth of Maie MDLXXXV most expressly disclaim's this Claus of the League which concern's Petitioning for Licence And truly the whole right of the English in that Sea was not first claimed by them upon the account of that League at Koppenhagen whatever they of Norway may pretend to the contrarie For when the Ambassadors sent heretofore by Erricus the tenth to our Henrie the fift made complaint about English men's fishing in this Sea the King of England I suppose intimate's plainly enough that hee had som right before in that Sea while at that time hee granted this onely in favor of the King of Norwaie that the English should no otherwise use Fishing there for the year immediately ensuing than as it had been usual in antient time and this hee commanded by publick Proclamation made in the more eminent Ports and Cities The time limited and the antient Custom of Fishing do plainly import som former right But here I give you the form of the Proclamations It is required that none of the Lieges of our Lord the King for certain causes specially moving our Lord the King himself do for one year next ensuing presume to go unto the Islands belonging to the kingdoms of Denmark and Norwaie and especially towards the Iste of Islande for the caus of Fishing or any other occasion to the prejudice of the King of the aforesaid kingdoms otherwise than they were wont in antient time It appear's also by Parlamentarie Records of the same King's Reign that the English used Fishing in that Sea very many years before But that League made at Haderslabe pretended before by Craig doth not relate unto Fishing either in the Sea of Island or in this of Norwaie but to the Traffick and Merchandise used then by our Merchants of the Moscovie-Companie For this onely was agreed that the Merchants of that Companie beeing constrained by Tempests or otherwise might freely have access to the shores and Ports both of Island and Norwaie but with this Reserv that they do not in any kind Traffick and use Mercbandise in the Ports of Norwaie or Island before prohibited nor molest the Subjects of the King of the said places in any thing against the Laws of Hospitalitie and that they wholly abstein from all manner of injurie which is the summe of that Answer which was given to Craig by the Peers of England But all things are clearly explained about this business and that right of the English defended at large in the Letters sent by Queen Elisabeth to Christiern the fourth bearing date Cal. Septembris Anno MDXCIX So much whereof as concern's this particular I think meet to insert At the request of the most excellent Prince your Highnesse's Father wee sent say the Queen's Letters an Ambassador into Germanie Anno MDLXXVII who Treated with his Commissioners about all matters in controversie and especially about the Fishing of Island and Norway where it was found that the King insisted onely upon a former Treatie of two years Truce wherein it was at that time agreed that the English should not sail beyond Hagaland But there were several Treaties with the Kings John and Christiern alleged on our part wherein all former controversies beeing composed it was otherwise agreed and concluded and both parties were to stand to this Treatie of general peace made afterwards not to the preceding two years Truce Which the most excellent Prince your Father acknowledging desired by his Letters that that controversie might bee referr'd to another disquisition But since that time no such disquisition hath been made Nevertheless wee understand that our subjects fishing have been taken tormented and handled in a hostile manner Whether this bee justly don all men will bee able to judg who shall weigh our Reasons with an impartial minde Wee do not deny but that the Lord Chancellor Whitfeld and de Barnico when they came unto Us did in words pretend that the fishing of Island and Norway was used by the English contrarie to the Leagues and Agreements of the Kingdoms But seeing they neither did nor could produce any proof and wee have authentick evidences attested by the Kings John and Christiern to the contrarie whereto more credit ought to bee given than to bare Allegations the matter was put off to another time It was answer'd also to D r Craig that the Transaction which was concluded with King Frederick at Haderslabe in the year of our Lord MDLXXXIII belong's nothing at all to this Business for the reason before mentioned And a little after the Letters speak thus But that which is pretended from the Treatie with King John the aforesaid Treatie at Koppenhagen that licens for fishing ought
that in it which may seem to import that hee call's himself King of the Ocean especially if you consider those words which wee finde somtimes among Germane Writers in the Title of Charls the fifth Emperor and King of Spain In the Preface to the constitution concerning publick Judicatories in the Empire hee is called King of the Canarie Ilands also of the Islands of the Indies and of the Continent and of the Ocean Archduke of Austria c. And in the Imperial Sanctions published in high Dutch Konig-under Jnsulen Canariae auch der Jnsulen Indiarum und Terrae firmae des Maers Oceant c. as you may meet with it at least six hundred times The word Ocean is added as if hee entitled himself King of the Ocean But this is a mistake for the same in Spanish is Rey c. de las Islas y terra firma del mar Oceano c. that is King of the Islands and of the Terra firma of the Ocean namely the Islands or Continents of or lying in the Ocean which Pope Alexander the Sixth gave to Ferdinand the Fifth King of Spain all of them lying Westward from the very first Meridian of those hee entitle's himself King not of the Ocean it self How far private Dominion over the Sea is admitted according to the Customs or opinion of the French CHAP. XVIII AS concerning Dominion of the Sea according to the Customs of the French som perhaps may seem to have met with verie ancient evidences thereof in those Officers deputed for the guard of the Sea-Coasts whom wee read of in the Statute-Books and in that Rotlandus Governor of the British that is the Aremorican shore mentioned in the life of Charle-maign by Eginhartus a Writer of that time But those dignities have relation not so much to the Sea it self as to the shore and Sea-Coast or the border of the Land confining with the Sea notwithstanding that Rotlandus is by the French-men of this and the former Age promiscuously styled Governor both of the Sea and Shore as if there were no difference But it cannot bee denied that Princes heretofore upon the Shore of Aremorica or Bretaign as the Veneti of whom wee spake before did upon the same Shore impose Custom upon Ships as for the use of the Road upon their Coasts and challenge to themselvs other Rights of the like nature called Nobilitates super navibus So it is to bee read in an ancient Record made in the time of Duke Alanus in the year MLXXXVII concerning Precedence of Place among the Nobles of Bretaigne In that Record the second place is assigned to the Viscount of S t Pol de Leon who as the very words of it are had verie many of those Customs called Nobilitates super navibus imposed on such as passed the Ocean upon the Coasts of Osismer or Leon which as it was said Budicius an antient King of Bretaign did give and grant to one of his predecessors upon Marriage in reward of the virtue fidelitie and valor of that Viscount but with the consent of the Prelates Counts Barons and Nobles of Bretaign What these Nobilitates were and whence they had their original is partly declared by Bertrandus Argentraeus somtime President of the Province of Renes where hee discourseth also of the right of giving Pass ports which they call brefs de conduicte at this time in use on that shore That saith hee whereas till then it had been a right peculiar to the Princes beeing given by way of Dowrie to the Barons of Leon of which wee have alreadie spoken out of the aforesaid Record remained an hereditarie and proper right to that Familie until Joannes Ruffus the Duke redeemed it for a vast sum of monie of Guynomarius Baron of Leon after that Peter Mauclerc of Dreux Duke of Bretaign had in vain attempted to re assume it by force of arms It had its original they say upon this occasion When our Princes and antient Kings considered the daily Shipwracks made upon that shore where there were many Rocks and but few Havens they made a Law that none should set to Sea without their leav Such as did set out paying a certain rate had passes and guides appointed them that were well acquainted with the Sea and Shores They that refused forfeited their ships with all their tackling and furniture thereof and if the Ship were cast away their goods also were confiscate They that had leav were in no danger of confiscation and if they suffered Shipwrack had libertie to recover as many of their goods as they could And these guides were paid their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Conduct-money which wee have mentioned elswhere called by them droit de salvage These Tickets or Passes are given out now as heretosore at a certain price And among other Revenues of the Exchequer they also were rented out to the Farmers of the Custom So far Bertrandus from whom Renatus Choppinus borroweth almost the very words But Petrus Berlordaeus Advocate of the Parlament of Reines tell 's us that the Custom of taking forfeiture in that manner of all shipwrack't goods was abolished there by an Edict in the year MDLXXXIII But in the mean time for so much as concern's any part of that Western Sea lying next the Shore these are manifest evidences either of Dominion or of subjection in the Sea which indeed sufficiently prove by the Customs of that people that the Sea is capable of Dominion Moreover upon occasion of these Passes there have been controversies raised somtimes between the Dukes of Bretaign and the Kings of England as may bee seen in certain memorials of the affairs of Bretaign which have relation to the times of our Richard the second and John the Fourth Duke of Bretaign But this wee know for certain that in the agreement made between our Edward the Fourth and Francis the second Duke of Bretaign in the year MCCCCLXVIII concerning mutual traffick and free passage to and fro for the subjects of each Nation during a truce of thirtie years there is an express proviso concerning Wrecks but such a one as left an equal right to both of them not altogether unlike that which for many ages hath been in use upon the English Shore No mention at all beeing made in the Articles of the Truce either of the right or use of these aforesaid Passes as beeing a thing in no wise admitted by the English But som modern Lawyers among the French do vainly affirm that their King is Lord not onely of a part of the Sea neighboring upon the Territorie of Bretaign but of the whole Sea that is adjoyning to any part of France and so of the British or English Sea also By which very Assertion of theirs they sufficiently declare their judgment that there may bee a soveraign over the Sea The King saith Charondas Caronaeus is supreme Lord of the Seas which flow about his
much of it as concern's this title The words are these Altitonantis Dei largifluâ clementia qui est Rex Regum Ego Edgarus Anglorum Basileus omniúmque Regum insularum Oceanique Britanniani circumjacentis so John Dee a man very well seen in most parts of Learning did read it a good while since save onely that in stead of Britannian hee hath Britanniani while others reade Insularum Oceani quae Britanniam circumjacent cunctarúmque nationum quae infra eam includuntur Imperator Dominus gratias ago ipsi Deo omnipotenti Regimeo qui meum imperium sic ampliavit exaltavit super regnum patrum mâ—orum qui licèt Monarchiam totius Angliae adepti sint à tempore Athelstani qui primus regnum Anglorum omnes nationes quae Britanniam incolunt sibi armis subegit nullus tamen illâ—rum ultra ejus fines imperium suum dilatare aggressus est Mihi autem concessit propitia divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norwegiam maximámque partem Hiberniae cum suâ nobilissimâ civitate Dublinia Anglorum regno subjugare Quos etiam omnes meis imperiis colla subdere Dei favente gratiâ coëgi By the abundant goodness of Almightie God who is the King of Kings I Edgar King of England and of all the Kings of the Islands and of the Ocean lying round about Britain and of all the Nations that are included within the circuit thereof Supreme Lord and Governor Do render thanks to the same Almightie God my King who hath enlarged my Empire thus and exalted it above the Royal Estate of my Progenitors who although they arrived to the Monarchie of all England ever since the time of Athelstane who was the first that by force of Arms subdued the English and all the Nations that inhabite Britain yet none of them ever attempted to promote their Empire beyond the bounds thereof But the divine goodness hath favored mee so far as beside the English Empire to enable mee to subdue all the Kingdoms of the Ilands in the Ocean with their most stout and mightie Kings even as far as Norway and the greatest part of Irland together with their most famous Citie of Dublin All which by God's grace and assistance I have subdued and made their necks to stoop under the yoke of my command Whereas hee saith that none of his Progenitors had attempted to enlarge their Empire beyond the bounds of Britain it must bee so understood that it bee taken for the Northern and Western bounds of the British Empire as sufficiently appear's by the mention of Irland and Norway So that then more Islands than the name of Britain did comprehend or than the Isles of that Sea together with the Sea it self were brought under his Dominion But King Canutus or Cnute hath left a testimonie also whereby hee most expressly asserts the Sea to bee a part of his Dominion Hee placing himself on a seat by the Sea side as it flowed upon Southampton Shore having a minde to demonstrate to his flatterers that Kings themselvs are but men is reported to have made trial of the obedience of the Sea it beeing flood after this manner Thou O Sea art under my dominion as the Land also upon which I sit is mine And there never was any that disobeied my Command without punishment Therefore I command thee not to ascend up upon my Land nor do thou presume to wet the feet or garments of thy Sovereign But the Tide saith Huntington and Florilegus who relate this storie swelling as at other times did very unmannerly wet not onely the feet but legs of his Majestie Whereupon the King leaping up proclaimed with his own mouth none to bee worthy the name of King but him alone who command 's both the Sea and land and they obey And from that time hee refused to wear his Crown of Gold consecrating it to a Crucifix In the mean time hee here openly professed himself to bee the Soveraign of the Sea as well as of the land Hereunto may bee added som testimonies of other Writers which although they are of a later date than the Kingdom of the English-Saxons yet they are transmitted to posteritie by the hands of such as were perfectly acquainted with the English Historie and by the Tradition of their Ancestors well infouned of the most authentick Opinions and Resolvs concerning the English Dominion over the Sea Geofâ—rie Chaucer who was not onely the most famous Poêt of his time but as Learning went in those daies a very well accomplisht Scholar in one of his Canterburie Tales bring 's in his Man of Law telling a storie which hee would have relate to the time of Alla King of Northumberland who reigned thirtie years and his Reign began in the year of our Lord DLIX In this Tale there is brought in a Ladie called Constantia the Daughter of I know not what Roman Emperor married to the King of Syria driven shee was by weather to a place which lay under the command of a Fortress upon the Shore of Northumberland and there the Ship ran aground shee was a Christian banished for her Religion and there taken Prisoner by the Commander of that Fortress In this Relation of the sad adventures of Constantia hee saith what indeed is true that Christian Religion was not received into any part of that Territorie but that Pagans had over-run and did hold those Northern Countries under their Dominion as well by Sea as Land His words to this purpose are these In all that lond dursten non Christen rout All Christen folk been fled from the Countre Through Paynims that conquer'd all about The plagues of Northumberland by land See Hee said discreetly that the neighboring Sea fell to the Conquerers of this Isle as well as the Land knowing what was the resolution and generally received opinion of his Ancestors concerning that matter Hee lived two hundred and thirtie years ago in the time of Richard the Second Nor is it any prejudice to this autoritie that the other things there related are fabulous For wee know that out of the Fables of Heliodorus Achilles Tatius Theodorus Prodromus Eustathius and such others whether of an amorous or any other strain somtimes many useful observations may bee gathered concerning the customs manners and received opinions as well of the men among whom they are feigned to bee acted as of the times to which they are related John Harding also who in the time of Edward the Fourth wrote an Historie of the affairs of England in vers when hee reckons up those Princes that sware fealtie to King Canutus for the Lands which they held of him hee adds So did the Kings of Wales of high parage And all the North-west Ocean For their kingdoms and for their lands than That is to say the same was don at that time by the greatest Kings of Wales and of all the North-western
of Excester And in those daies it was usual to procure King's Letters commonly called in the language of the Law Protections whereby Privilege and exemption from all suits was granted to those that were emploied in this kinde of Guard or Defence of the Sea or that spent their time super salvâ custodiâ defensione Maris For the safeguarding and defence of the Sea as the form of the words hath it which wee frequently finde in the Archives Moreover in the Acts of Parlament of the same King's Reign mention is made of the safeguarding of the Sea or de la saufegard de la mier as of a thing commonly known and for which it was the Custom of the English to make as diligent provision as for the Government of any Province or Countrie And in the twentieth year of the same King the Commons preferr'd a Bill that a strong and well accomplished Navie might bee provided for the defence of the Sea becaus It is thought fit be all the Commens of this Land that it is necessarie the See be kept Verie many other passages there are to the same purpose Geoffrie Chaucer who lived in the time of Richard the Second and was a man verie knowing in the affairs of his Countrie among other most elegant and lively characters of several sorts of men written in the English Tongue describe's the humor of an English Merchant of that time how that his desire above all things is that the Sea bee well guarded never left destitute of such protection as may keep it safe and quiet Which hee speak's to set out the whole generation of Merchants in that age whose custom it was to bee sollicitous for traffick above all things and consequently about the Sea it self which would not afford them safe Voyages did not the Kings of England as Sovereigns thereof according to their Right and Custom provide for the securitie of this as a Province under their Protection The words of Chaucer are these His reasons spake hee full solemnely Shewing alway the encreas of his winning Hee would the See were kept for any thing Betwixe Middleborough and Orewel Orewel is an Haven upon the Coasts in Suffolk Middleborough is in Zealand The whole Sea that floweth between Britain and Zealand the English Merchants would have secured this they were wont solemnly and unanimously to pray for knowing that the Sea was part of the Kingdom and the Protection of them part of the dutie of the Kings of England For as concerning any Protection herein by any forrein Princes any farther then in their own Harbors or at the most within the winding Creeks between those Islands which they possessed upon the Coasts of Germanie or Gallia Belgica there is nothing as far as wee can finde to bee gathered from any Testimonies of former Ages In the succeeding Ages likewise there is frequent mention of this kinde of Guard Defence and Government of the same Sea as will hereafter more fully appear when wee com to speak of Tributes and of the tenor and varietie of the Commissions given to our Admirals But now it is to bee observed that both the name and nature of this Guard is very well known not onely by the use of the word both in the Imperial and Canon Law wherein it denotes that the Guardian ought to take a diligent care of that thing whereof hee is owner who doth either lend it or commit it to his over-sight but also by the common and obvious use which the English make of the same word in other Offices or Governments For in those daies of old when the title of Guardians or Wardens of the Sea was more usual there were appointed Wardens of the Ports even as at this day there are Wardens of the Counties who are those Commanders of Counties called Sheriffs and in the usual form and tenor of their Writ have custodiam comitatûs the Guard or Defence of the Countie committed to their charge Wardens or Keepers of the Marches or Borders Keepers of Towers or Castles Parks Houses and the like Yea and the Lord Lievtenant of Ireland was especially in the time of King John and Henrie the Third styled usually Warden or Keeper of Ireland and his Office or dignitie commonly called the Keepership of Ireland after the same manner as John Duke of Bedford and Humphrey Duke of Glocester whom Henry the fift during the time of his absence in France deputed to govern the Kingdom of England by turns were called Custodes Angliae Keepers of England as wee very often finde both in Histories and Records So Arthur Prince of Wales was made Keeper of England while Henry the seventh was beyond the Seas So Piers Gaveston was keeper of England while Edward the second remained in France So were others also in like manner The Governors also of the Islands of Jarsey and Garnesey and the rest that are situated in this Sea who now are styled Governors Keepers or Captains were in antient times called onely by the name of Guardians or Keepers This then beeing so what reason have wee to think that our Ancestors did not use the same Notion of Guardian or Keeper and of guarding or keeping in the name of the Guardian and the Guard of the Sea which they were wont to use in the Guard and keeping of the Island and in the other dignities or offices before mentioned Doubtless in all these the peculiar Dominion and Soveraigntie of him that conferr'd the Dignities is so clearly signified and included that his Dominion or Ownership of the thing to bee kept and guarded as well as Autoritie over the person dignified is plainly implied in this Title Nor is it to bee omitted that in antient times before the autoritie of the high Admirals of England was sufficiently established by our Kings and setled so distinct that the Command and Government of the Sea did belong onely to them the Governors or Keepers of the Provinces whom wee call Sheriffs of the Counties by virtue of their Office had also som Custodie or Command of part of that Sea which adjoined to their respective Provinces as of a part of the Kingdom of England Which truly to let pass other proofs is sufficiently evident by this that many times in those daies they who by the Common Law of the Land were wont as at this day to put in execution the Commands of the King in those places onely that were committed severally to their charge and custodie did do the same also in the Sea it self as well as in any Land-Province belonging to him from whom they received their autoritie For by virtue of their ordinarie power derived from the King and such as was founded upon the very same right by which they held the Government of the Countie or Province they did oftentimes remove the King's Ships and Fleets from one Port to another by Sea as through the Territorie of the Province that was committed to their
were newly designed to cross over into Bretaign that they might bee arm'd and set forth in the King's service The Title of this Commission is De Navibus arrestandis capiendis For arresting and seizing of ships The Form of it run's thus The KING to his beloved Thomas de Wenlok his Serjeâ—nt at Arms Lieutenant of our beloved and trustie Reginald de Cobham Admiral of our Fleet of ships from the mouth of the River Thames towards the Western parts greeting Bee it known unto you that wee have appointed you with all the speed that may bee used by you and such as shall bee deputed by you to arrest and seiz all ships Flie-Boats Barks and Barges of ten Tuns burthen and upward which may happen to bee found in the aforesaid Admiraltie that is in the Sea reaching from the Thames mouth toward the South and West and to caus the Flie-Boats Barks and Barges aforesaid to bee well and sufficiently arm'd and provided for the warr by the Masters and owners of the same and to bring them speedily so provided and arm'd to Sandwich except onely the ships that are order'd for the passage of our beloved and trustie Thomas de Dagworth and his men that are bound for Bretaign so that you bee readie there in your own person together with the Ships Flie-Boats Barks and Barges aforesaid so well provided and fitted for the warr upon the Saturday next before the Feast of the Apostles Simon and Jude next ensuing at the farthest to go thence upon our Command according to such direction as shall then on our part bee given to the Masters and Mariners of the aforesaid Ships Flie-Boats Barks and Barges and to take sufficient Provision for the enabling of you to do the premises in such places as you shall see most convenient except onely Church-Land you making due paiment for the same and also to seiz and arrest all those that you shall finde to oppose or resist you in the execution of the premises and them to commit into our Prisons there to abide till wee shall think fit to take farther order c. All Officers also in the said Admiraltie are commanded to yield obedience and assistance upon the same occasion The usual subscription in that Age shewing the Original Autoritie of the Commission was By the King himself and his Council But that the aforesaid Sea it self was conterned under the name of the Admiraltie is clearly manifest by what wee have alreadie shewn you And King Edward the third used his antient Right as other Kings of England did also therein as well as in the Ports themselvs or Shores of England for there are innumerable examples of the staying of all Ships whatsoêver by the King's Command in Port or Shore But that which hath been alleged about the staying of Ships and Listing them for the King's Service you are alwaies to understand it was so don according to equitie that competent Pay was to bee allowed them answerable to the proportion of Tuns and also to the number of Sea-men that were so taken into emploiment Touching which particular there are several Testimonies also to bee found in the Records of Parlament That Licence hath been usually granted to Foreiners by the Kings of England to fish in the Sea Also that the Protection given to Fisher-men by them as in their own Territorie is an antient and manifest Evidence of their Dominion by Sea CHAP. XXI AS a freedom of passage so also wee finde that a libertie of Fishing hath been obteined by Petition from the Kings of England There is a clear Testimonie hereof in that which was alleged before out of the Records of Parlament concerning those Tributes or Customs that were imposed in the time of Richard the Second upon all persons whatsoëver that used Fishing in the Sea Moreover it appear's by Records that Henrie the Sixt gave leav particularly to the French and very many other Foreiners for one whole year onely somtimes for six Months c. to go and fish throughout the Sea at all times and as often c. But this leav was granted under the name even of a Passport or safe conduct yea and a size or proportion was prescribed to their Fishing-boats or Busses that they should not bee above XXX Tuns And it is true indeed there was a kinde of consideration or condition added that som others who were subjects of the King of England might in Fishing enjoy the same securitie with Foreiners Which was for this caus onely put into the Licence that if the Foreiners did disturb or molest them they should lose the benefit of their Licence The words of that consideration or condition in the beginning of those Licences run after this manner To the end that the business of the Herring-fishing and of other Fish may bee advanced continued and mainteined for the publick good yea and that the like securitie may bee yielded and afforded to som certain Fisher-men under our obedience I suppose that those certain Fisher men under our Obedience were also the French who at that time continued in subjection to the English whereas almost all in France except the Shore of Picardie had newly revolted from the King of England That is to say at the latter end of the reign of Henrie the Sixt. But that which wee finde either here touching equal securitie or in other places somtimes also about the giving of safe conduct even to the Fishermen of England by Licence granted either to French or Flemings or Bretaigns that usually hapned when the heat of War was over a Cessation agreed on to treat of Peace or Amitie In the mean time securitie of that kinde was given on both sides now and then by agreement But by the King of England as well in respect of his beeing Lord of the place as his beeing a partie that was treating about a League or Amitie By others upon this account onely not upon that unless you understand the question to bee about the use of Ports and Shores For so no man denie's but these were Lords as well as hee Moreover also in our time leav was wont to bee asked of our Admiral for French-men to fish for Soles in the neighboring Sea for King Henrie the Fourth of France his own Table as it is affirm'd by such as have been Judges of our Admiraltie and Commanders at Sea of an antient standing yea and that the Ships of those French were seized as trespassers upon the Sea who presumed to fish there without this kinde of Licence But in the Eastern Sea which washeth the Coasts of Yorkshire and the neighboring Counties it hath been an antient Custom for the Hollanders and Zelanders to obtein leav to fish by Petition to the Governor of Scarbâ—rough Castle situate by the Sea-side in the Countie of York and this for very many years past as is affirmâ—d by that learned man M r Camden speaking of those Coasts It is worth the while saith hee to note