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
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
defence of his Kingdom against Foreiners and the training up of himself and his people for warlike emploiments Thus the Guardianship or maintenance of the Dominion by Sea is evident But as concerning the Fleets aforementioned they each of them consisted of MCC ships and these as Writers say expressly very stout ones so that in the time of his Reign the British Navie consisted of such ships to the number of Three thousand six hundred Sail as Florentius and Hoveden speak expressly But others write that these Fleets amounted to Four thousand ships as John Bramton Abbot of Jorvaux others adding to these Three a Fourth Fleet whereby the number is increased to Four Thousand Eight hundred Sail as you may see in Florilegus So as Florentius also saith Hee by the help of God governed and secured the bounds of his Kingdom with Prudence Fortitude Justice and Temperance as long as hee lived and having the courage of a fierce Lion hee kept all the Princes and Lords of the Isles in aw Wee read also in Ordericus Vitalis of King Harold or Herald that hee so guarded the Sea with a force of soldierie and shipping that none of his Enemies could without a sore conflict invade the Kingdom So that wee cannot otherwise conceiv but that these Naval Forces were at that time disposed and the Sea-Fights undertaken for the defence and guard of the Sea as an Appendant of the English-Saxon Dominion in this Island Especially if wee duly compare these things alreadie manifest with those which are added by and by to this particular touching the same age The Sea-Dominion of the English-Saxons and Danes during their Reigns in Britain observed in like manner from such Tributes and Duties of their Fiduciarie Clients or Vassals as concerned the maintenance of the Navie Also concerning the Tribute or Paiment called Danegeld which was wont to bee levied for the Guard of the Sea CHAP. XI HEre follow next the Tributes and Duties of Vassals concerning the maintenance of the Navie or Guard of the Sea which are evidences also of that Sea-Dominion which was in the time of the English-Saxons I call those Tributes which were wont to bee levied for the re-inforcing of the Navie and for provision of Victuals for the Sea-men Of which kinde were those that were levied according to the value of men's estates in Land for the setting forth of ships in the time of King Ethelred For at that time whosoever possessed CCCX Cassatos or Hides of Land was charged with the building of one ship And they were all rated proportionably after this manner who were owners of more or less Hides or of part of an Hide as Marianus Scotus Hoveden and Florentius do all tell us in the very same words Ethelred King of England say they gave strict command that one Gallie should bee charged upon CCCX Cassati but a Coat of Armor and an Helmet upon nine and that ships should bee built throughout all England which beeing made readie hee victualled and manned them with choice souldiers and appointed their Rendezvous at the Port of Sandwich to secure the Bounds of his Kingdom from the irruptions of Foreiners But Henrie of Huntingdon as also Matthew Paris and Florilegus speaking of the same thing say The King charged one ship upon three hundred and ten Hides of Land through all England also a Coat-Armor and Helmet upon eight Hides Then Huntingdon tell 's what an Hide doth signifie But an Hide in English saith hee is so much Land as a man can till with one Plow for a year Others there are that determine otherwise touching the quantitie of an Hide And most certain it is that it was very various according to the different Custom of Countries but the same with Cassata and Carucata Indeed the English-Saxon Chronicles of the Abbie of Abingdon do likewise mention Hides here expressly In the year MVIII 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 say they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hund 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tynumaenne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 helm 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say the King gave command for the building of Ships carefully throughout all England to wit that one Gallie should bee charged upon CCCX Hides of Land but a Coat-Armor and Helmet upon eight Hides And it was usual according to the Laws of that Age that the richer sort should bee taxed by the number of Hides as wee see also throughout that Breviarie of England or the Book of Rates called Domesday which was first written in the time of King William Huntingdon add's also that there never had been so great a number of Ships in the time of any one in Britain which is testified in like manner by the Saxon Chronicles before cited So that that most numerous Navie of King Edgar mentioned in the former chapter was not to bee compared with this But yet that most learned man and great Light of our Island M r Camden hath so cast up the number of Hides throughout England out of the antient Records of that Age that they do not exceed 243600. If this had been so then they could have set forth no more then 785 Ships by this Tribute which is a lesser number then that of King Edgar by som thousands So that som other account is to bee made concerning Hides which is not to bee handled in this place Hereunto belong's that of Huntingdon touching King Canutus and his Son Harald In the daies of Harald saith hee as also in the time of his Father eight Marks were paid by everie Port for XVI Ships In the like manner Hoveden saith there was a Tax imposed which was paid for the maintenance of the Navie when King Canutus and King Edmond made an agreement in an Isle in the midst of Severn called Oleney Moreover Huntingdon write's that 11048 pounds were raised by Hardecanute King of England before hee had reigned two years for thirtie two Ships that is to say for the building of two and thirtie Ships Hee gave Command also as Matthew Westminster saith that eight marks should bee paid to everie Rower of his Navie and ten marks to each Commander out of all England Hee saith again also of the same King that hee appointed Officers through all parts of the Kingdom to collect the Tax imposed without favouring any and therewith to provide all things necessarie for his Forces at Sea And Florentius saith Hee gave command for the paying of eight marks to every Rower of his Navie and twelve so wee read it in that Autor to everie Commander out of all England a Tax indeed so grievous that scarce any man was able to pay it But these things spoken of Canutus his son Harald and Hardecanute relate perhaps unto that Tribute or Tax called Danegeld which was paid yearly for the maintenance of the Navie and guarding the Territorie or Dominion by
the Coast of France For although Aquitain indeed was first added to the names of England and Ireland in that Commission while the English possessed the Dutchie of Aquitain nevertheless it not onely so remained likewise in that form of Commission constantly even after the expulsion of the English until our times but Normandie also which had never been named before in the Commission of high Admiral of England was added and this som Ages after that the English were wholly deprived of the Dutchie it self So that either these names do serv in stead of a Limit to the Sea under his protection or els wee must perforce admit contrarie to reason that they signified nothing in the Commission for so many years For wee see that those names of opposite Shore were reteined in the Admiral 's Commission even from the end of Queen Marie's Reign until our times or for the space of 77 years though the English in the mean time were not possest of the least part of France as also that Normandie was added many years before but yet long after the English were outed of its possession Nor ought any man fondly to imagine that these Names were inserted becaus of that right the King of England had to the Crown of France For indeed the Kings of England have by an antient Right usually entitled themselvs Kings of France Also the Dutchies of Aquitain and Normandie and the other Provinces of France mentioned in this Commission are comprehended in that name of the Kingdom as the lesser in the greater But if that had been the caus certainly the name of France should have been ascribed to our Admiral yea and other Officers of that Kingdom have been made in the same manner by the King of England after hee was driven thence Of which thing there is not the least evidence indeed any where exstant And it is to bee observed as soon as ever an alteration was made in the Draught of the Commission from that denomination of the Command of the Admirals of England which was derived from the Fleets and Coasts over which they had command unto that which is made up of the Kingdoms and Provinces that then an Addition was made of Aquitain to the end that the limit or bound as well on this as the other side of the Sea might bee pointed out by the Shores The name of Normandie beeing added afterwards and reteined still together with Calais and the Marches thereof and Aquitain upon the same account But while that the Kings of England were in former times possest of Normandie Aquitain and other Countries in France there are not found in the form of Commission wherein the Kingdoms and Provinces as hath been alreadie shewn are expressly nominated any other Admirals or Governors of the Maritim Province or Dominion by Sea made by them besides those to whose care the Fleets and Coasts were committed in the manner alreadie mentioned that is to say the whole Sea flowing between our British Isles and the Provinces over against them and the Fleets belonging to any Territories whatsoëver of the Kings of England were at that time by a peculiar right of the Kingdom of England in the Sea so subject to them who were so put in Command over the English Fleets and Coasts that there remained neither place nor use for any other Commanders of that kinde Which may bee said likewise of those times wherein som of the Kings of England stood possessed also of the Kingdom of France as Edward the Third and the two Henries 5 th and 6 th Nor is it a bare conjecture that they did not put any others in command over the Sea and Fleets besides those to whom by right onely of the Kingdom of England the power was committed to wit according to that right which comprehended the whole Sea flowing between but it is sufficiently proved also upon this ground that wee have the antient publick Records of those times touching the Offices constituted by our Kings in France and those Provinces beyond Sea in most whereof I finde not the least sign of the contrarie And if it bee demanded here wherefore it was that the Shore of Bretaign was omitted which in like manner lie's over against our Isle of Britain and together with the Shore of Picardie Normandie and Aquitain sufficiently take's up that whole Tract which stretcheth it self in the Realm of France before the English and Irish Sea certainly if the aforementioned reason take place there is little caus to doubt that it hapned thence becaus the King of England was not at any time so possest of Bretaign that beeing outed of it hee needed to bee very sollicitous touching the Bounds of the Sea-Territorie adjoining Distinct Lords of Territories confining on each other as were the King of England and Duke of Bretaign heretofore for Bretaign had Kings and Dukes of its own before Charls the Eight under whom Anno Dom. 1491. it was united to the Realm of France do for the most part keep their Bounds so distinct that they may bee the more evidently taken notice of by all but when of such kinde of Territories there is but one and the same Lord as the King of England was while hee possessed either Normandie or Aquitain or any other Maritim Province in France together with England hee beeing outed of either ought above all things to take care that the past confusion of possession bee not prejudicial to the future distinction of Bounds For fear then lest it might have been pretended that even the Sea adjoining or confining with those Maritim Provinces which were a long time heretofore possessed by the English and afterwards taken away was taken away together with the Provinces whenas perhaps by reason of the past confusion of possession in one and the same Lord all men might not bee sufficiently instructed touching the Bounds of the English Sea placed as wee have said upon the Shore over against us therefore for the setting forth of those Bounds the name first of Aquitain after its beeing lost was reteined in the Admiral 's Commission and then that also of Normandie was added And afterwards both of them with the name of Calais and the Marches in stead of the Shore of Picardie were for the same reason continued down to our times Which reason truly could not concern Bretaign at all nor Flanders likewise nor any other Shores lying Eastward over against us All which nevertheless do after the same manner bound the Sea-Territorie of England Moreover those things that have been hitherto observed shall bee confirmed by what wee shall add next touching the Office of Admiral among the French Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may
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
There are saith hee four Governors of the French Sea who bear an equal command under a different title and upon several Coasts of the Sea For in antient time Aquitain was possessed by the English Bretaign by its Dukes Provence by Hereditarie Earls not by the Kings of France And therefore at that time the Admiral of France had command onely over the Belgick Sea of Picardie and Normandie as far as the Coast of Bretaign But then all the other bordering Princes chose Governors of the Sea or Admirals peculiarly for themselvs And therefore the English beeing driven out of Aquitain and the Countries of Provence and Bretaign beeing brought into subjection to the Crown of France the King supposing it not fit to innovate any thing appointed a Lievtenant and Admiral of Aquitain likewise a Governor of Bretaign with the government of the Sea as also in the Prouince of Gallia Narbonensis in a manner distinct and apart from the rest But the chief Courts of Judicature belonging to the French Admiral are setled at Paris and Roan So hee And a little after hee write's that there were Princes not a few who held the Sea-Coasts as Beneficiaries that enjoied the power of Admiral in their Territories But wee have Edicts and Decrees concerning the Admiral 's Jurisdiction over the Maritim Forces Affairs and Persons in the times of Charls the fift and sixt Lewis the 12 th Francis the first Henrie the 2 d 3 d and other Kings of France as also touching the Tenths of Spoils taken from Enemies and other things of that kinde which relate unto the Goods and Persons of such as are subject to the Crown of France upon the account of any manner of Navigation whatsoêver And in these Edicts hee is somtimes called by the King Nostre Lieutenant general per la mer greves d'icelle that is our Lieutenant general throughout the Sea and the shores thereof But this Lieutenant or Governor as they pleas to call him of the Sea was never at all in command over any part of the Sea flowing between France and Britain as over a Province or Territorie to bee defended for the King of France after the same manner as the Admiral of England but in the Sea onely over the Naval Forces Persons and Affairs belonging to the French Jurisdiction much after the same manner as a Soveraign Prince take's cognizance of Offendors of his own Retinue in a Forein Territorie and rule 's them as at home but without any pretence of his to a right of Dominion in that Territorie Which truly there is no man but will conceiv that shall in the first place observ the defect and deep silence of antient Testimonies touching such a kinde of Dominion among the French besides the Qualitie of that Government among them and at length the entire and most ample Power alwaies exercised throughout the Sea and the shore lying about it under the sole command of the English and will but compare it for so many Revolutions of years with those so long broken and divided Dominions upon the opposite shore of France and with the late addition of the Sea-Coast to the Kingdom of France according to those things which have been alreadie spoken about it It is clear that there are no Testimonies before our time concerning any Dominion of this sea belonging to the King of France Nor are there any in our time except certain Lawyers who speak of it either by the By or in a Rhetorical flourish onely not in a way of asserting it by strength of Arguments Of these things I have spoken alreadie in the former Book where also other matters are alleged of special observation which confirm what is handled in this particular But now let us add hereunto that the very French Historians both of the past and present Age do affirm that in antient times the Kings of France therefore either had no Admirals at all or els that they were constituted now and then onely as occasion required becaus they had no Empire over the Sea as Tilius saith expresly in the place above-mentioned In vain therefore doth Popellinerius reprehend those Historians in saying it is fals becaus Normandie Picardie and Flanders were heretofore under the French Dominion For not to mention this that the Kings of France reigned a long time without the possession of Normandie and Flanders and reteined not any other shore besides that of Picardie as appear's by what hath been alreadie shewn and by the frequent Testimonie of Historians and the consequence doth not appear to bee good that they had any command over the Sea becaus they were in possession of som Sea-Coast no more truly than it may bee concluded that a man is Lord of a River in France becaus hee hath Lands lying by it whereas by received Custom according to the Law of France the King is Owner of all Rivers that are Navigable where they belong not to som subject by a particular prescription of possession or som other title besides the possession of the adjacent Land as the Custom is not unusual also in other places But as to what concern's the Qualitie of this Maritim Government among the French it is to bee considered that as every one of the more eminent Offices or Governments hath a peculiar place in their high Court of Parlament and that according to the nature of the Government as it chiefly respect's any Province or Government within the limits of the French Dominion as the Constable the Grand Escuyer or Master of the Hors the Grand Master and others yet the Admiral of France hath no place at all upon that account As it was determined in the time of Henrie the second when such a place was plainly denied to Gaspar Collignie Admiral of France as hee was Admiral or had the Maritim Government but it was granted him as Governor of the Isle of France as they call it under the King For by the title of Admiral hee had no Government in Chief within the limits of the Kingdom but becaus beeing Admiral of the Fleets and Sea in the aforesaid sens which is out of the King's Dominion hee exercised Jurisdiction over Persons and Affairs onely upon the Accompt of the Sea therefore in this respect hee was to bee denied any place For which caus likewise it came to pass as it seem's that those four distinct Admirals before-mentioned have in like manner also a Government of Provinces from which they are wont to bee denominated as wee understand by these passages alreadie cited out of Choppinus and others that write of this matter So they that have any principal command within the limits of the Kingdom that is within the shores of France do enjoie an equal privilege with the other more eminent dignities of the Realm Moreover also the Regulation of those Rivers whereof the King of France is Lord are not under the Admiral 's Government but under the special charge of those
Officers that are called Presidents or Masters of the Waters and Forests That is to say the publick Waters which are within the Bounds of the Kingdom and over which the King hath Dominion do belong to another dignitie not at all to the Admiral who according to the general nature of his Office is not appointed to take charge of any Province there much less of the Rivers as in England The principal intent therefore of this Office or Dignitie is onely to command the Fleets by Sea For which caus also som years since Henrie of Momorancie Admiral of France having set up a Statue on hors back at Chantillie in honor of his Father Henrie Duke of Momorancie call's himself in Latine onely Navalis Militiae Magistrum Master of the Militia by Sea instead of Admiral So that never any Admiral constituted by the French King either of France or Britain or Aquitain had any autoritie in the Sea it self whereby hee might challenge a Dominion to himself as Governor or Commander in Chief which may bee said in like manner of all the Admirals of the Belgick and the neighboring shore on this side and of the Cantabrian or Spanish shore on the other side For the autoritie of them all so far as concern's this particular hath been and is alike Wee know indeed that this dignitie was wont to bee styled Admiral of France and Governor of the Roial Navie as the same Dignitie among the English was usually called in the same manner Admiral of England and Governor of the Roial Navie in several Leagues that have been made betwixt the English and French But it is clear by what hath been shewn that they bare the Office or Dignitie called by the same name upon a different accompt And the Qualitie of a Dignitie is to bee valued by the nature of the Charge not by the bare name or title And let so much serv to bee spoken touching the defect of antient Testimonies and the Nature or Qualitie of the Government But now as to what concern's the most ample and entire Command of the English for very many Ages and the comparing of it with those several Governments heretofore on the opposite shore it is most certain that there was almost from the very beginning of the very first Times of the English-Saxons one entire Empire throughout England and so on the whole shore which lie's over against Germanie France and that part of Spain called Biscay and this also in the time of that Heptarchie which is mentioned by Writers For there was alwaies som one person who had most power therein and to whom the rest yielded obedience as wee are told by Beda And touching that particular there is a notable Testimonie in Alcuinus where by reason of the Quarrels betwixt Offa King of the Mercians that is indeed of the most large and in a manner the most midland part of the Heptarchie and Charls sirnamed the Great King of France Navigation was so prohibited on both sides that Trade was wholly obstructed which truly cannot bee conceived unless these large Territories near the Sea had been under the Dominion of Offa yea the Inscription whereby Offa was wont to set forth his Roial Title was often exprest after this manner Offa by the Grace of God King of the Mercians and also of the Nations round about But after the time of Egbert or the 800 year of our Lord there is a continued Catalogue plain enough of those Kings whether English-Saxons or Danes who unless you fondly except Edmund the Anglo Saxon and Canutus the Dane by whom the Kingdom was for som little time divided did Reign without any other sharer in the Dominion upon this shore No wonder then that the Kings of England beeing entire and absolute Lords in command of so ample a shore for so many Ages did also take special care to retein the Dominion of the Sea lying before it as an Appendant of the Island especially seeing they not onely had so long and large a command likewise on the shore over against us but also there were not any of their neighbors that could in any wise hinder it except such as possessed som pettie Countries bordering on the Sea which truly may bee so called beeing compared to the spacious shore of the English Empire and those also that were under distinct Jurisdictions The summe of all this is seeing that about the beginning of our great Grand-Father's daies there was onely a very small shore conteined within the bounds of the French Kingdom and the Lords of the Maritim Provinces by the addition whereof that Kingdom as wee have alreadie shewn was afterwards enlarged did not so much as pretend any Right to the Dominion of the Neighboring Sea upon the interest of those Provinces and seeing no Testimonie can bee had in the Monuments of antient Writers concerning such a kinde of Dominion but that very many are found touching the Sea-Dominion of the Kings of England they having continually possessed the whole English shore in its full latitude under one entire Empire for above a thousand years and concerning the perpetual enjoiment of the Sea as an Appendant of the Kingdom Therefore it follow 's that their Right is very manifest in this particular and so that the Sea it self is a Province under the tuition or protection of the Admiral of England as part of the Kingdom but that the Admirals of the shore lying over against us are not in reason to bee called Governors of the Sea in such a sens as may signifie any Dominion of a Commander in Chief in the Sea it self out of the Ports or other In-lets of that kinde For which caus also it was that som Ages since very many of the Neighbor-Nations understanding well enough the Right of England made their Complaint in express tearms against Reyner Grimbald Admiral of the King of France becaus that l' Office del Admiralté en la mier d' Engleterre per Commission de Roy de France tourcenousment Emprist usa un an plux c. That is becaus hee had arrogated to himself and for the space of a year exercised the Office of Admiraltie by the King of France his Commission in the English Sea The old Records from whence this is taken are set down entire by and by where you have more also that make to the same purpose And so much may serv to bee spoken touching the Guard or Government of the English Sea as a part of the King's Territorie or Province and Patrimonie of the Crown That in the Dominion of those Islands lying before the shore of France which hath ever been enjoied by the Kings of England it appear's that the possession of the Sea wherein they are situate is derived from their Predecessors CHAP. XIX THat a Possession and Dominion of this Southern Sea hath been held also of old by the Kings of England is not a little manifest by the Dominion of
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
to bee presented touching that business unto the King as hee was at that time King of France but onely as King of England that is as Lord of the whole Sea flowing between And it is very improbable and not in reason to bee admitted that they would so upon deliberation for both Lords and Commons use to debate such matters a long time before they pass a Bill that they would I say so upon deliberation require an imposing of Customs by the Act of an English Parlament in a place that was not subject as a part of the Roial patrimonie to the King of England as King of England From hence it was also that our present King Charls did this last year declare that himself and his progenitors the Kings of England have in all times hitherto by an antient and most just title been Lords of this Sea to wit in his Letters Patents sent to the Maritim Counties of England whereby ship-monie was imposed for the defence of his Dominion by Sea Add moreover hereunto that in the agreement made betwixt our Edward the first and Guie Earl of Flanders about the wearing of Colors or Flags in every ship and punishing offendors by Sea William de Leyburn is called Admiral de la mier du dict Roy d Engleterre or Admiral of the Sea of the said King of England Other Testimonies of the same kinde there are in Records touching the Dominion of the Sea as it hath been received and acknowledged according to the Common Law and Custom of our Countrie which I shall discours of in the next place and after that concerning the Testimonie of Foreiners Of divers Testimonies in our own Law-Books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted CHAP. XXIV THE seventh of those Heads according to the former Division which manifest the aforesaid Dominion of the Kings of England relate's to our Law-Book's and the received Customs therein which prove it from the most antient times There are also in them many Particulars that may relate hereunto which are explained now and then touching the Guard of the Sea the English Admiraltie and other things alreadie handled But in this Chapter wee shall use either the determinations and Commentaries of our own Lawyers or chiefly such Court-Records as explain their opinions I confess indeed in som of the Authors of our Law who wrote above CCCL years ago or thereabout after they had as the manner then was read through the Civil Law also they were so strict in following those determinations word for word which they found concerning the Sea in that Law that when they treated de acquirendo Rerum Dominio of the manner of acquiring the Dominion of things they tranferr'd them into their own writings From thence it is that Henry Bracton who was a very famous Lawyer at the later end of the reign of Henrie the Third saith Naturali jure communia sunt omnia haec aqua Profluens aër Mare litora Maris quasi Maris accessoria By the Law of Nature all these things are common running water the Aër and the Sea and the shores of the Sea as accessories or dependants of the Sea Also aedificia si in mari five in litore posita fuerint aedificantium sunt de Jure gentium If Buildings bee raised in the Sea or upon the shore they becom theirs that build them by the Law of Nations And a little after Jus piscandi omnibus commune est in portu in fluminibus a Right of fishing is common to all in a Haven and in Rivers Which wee finde likewise in som other of our Law-Books of that Age as a passage that fell from som Writers of whom I spake at large in the former Book that were more affected than was meet with the words of Ulpian and Justinian in the general division of things But these very men in other places shewing the Customs of our Countrie do sufficiently admit the King's Dominion by Sea For Bracton himself afterward speak's of them that by the King's grace and favor quieti sint de Theolonio consuetudinibus Dandis per totum regnum Angliae in terrâ mari per totum Regnum tam per terram quà m per mare Were exempted from paying Tolls and Customs throughout the whole Kingdom of England in the Land and in the Sea and throughout the whole Kingdom both by Land and by Sea And in the same King's time a freedom from som paiments was granted to the Citizens of London per totum Regnum tam per mare quà m per terram throughout the whole Kingdom as well by Sea as by Land And so Bracton when hee return's to speak of the Customs of our Countrie acknowledged that the Dominion of the Sea belong'd to his King no less then the Land And hence it came to pass also that inter Capitula Coronae as they call them that is to say those Articles or chief Heads whereof enquirie was to bee made according to the usual custom by Judges delegated throughout England for the conservation of the publick peace wee finde this also de Purpresturis factis super Dominum Regem sive in Terrâ sive in Mari c. Of Pourprestures made upon our Lord the King either on Land or in the Sea or in sweet waters either within the Libertie or without or in any other place whatsoëver And it is placed among the Articles of this kinde recited by Bracton himself and in the Autor of the Book called Fleta But in the language of the Law wee call those things Pourprestures whereby detriment is don to any publick place belonging to the Patrimonie of the Crown as a publick thorow-fare a River and the like So that according to the nature of this ordinarie Article touching Pourprestures in the general form of enquirie the Dominion or Ownership of the Sea is ascribed to the King no less than of the Land or of publick Road or thorow-fare and River agreeable hereto is that Article about any kinde of salt-waters beeing inclosed by any subject or possessed in any other manner which in the antient Records of our Court of Admiraltie is said to bee don to the disherison of the King The words are there Item soit enquis de ceulx qui acrochent à eulx eaves salees en desheretison du Roy. And at this day enquirie is wont to bee made about that business by Autoritie of the high Admiral Robert Belknap also an eminent Judg in the time of Richard the Second saith that the Sea is subject to the King as a part of his English Kingdom or of the Patrimonie of the Crown His words in the Norman tongue run thus Le Mere est del ligeans del Roy come de son corone d' Angleterre Hee added to his words in a remarkable way as belonging to the Crown of England or as belonging
that is Of the Superioritie or Soveraigntie of the Sea of England and the right of the Office of Admiraltie in the same as it is also in the said agreement between the King and the Earl of Flanders Also in one of the Libels to those words is added retinendis confirmandis All beeing very plainly written in the usual Character of that Age whereunto the matter relate's And there can bee no scruple touching the realitie and truth of them to any one that seeth them who is but a little acquainted with the antient writing and such kinde of Records I gave you the whole sens yea and partly the words before but now have thought fit to set down an entire Copie of the Libel as it was written at that time in the French or Norman Tongue which run's after this manner A vous Seigneurs Auditours Deputez per les Rois d' Engleterre de France a redresser les dammages faits as gentz de lour Roiaulmes des altres terres subgitz a leur seignuries per mier per terre en temps de Pees Trewes monstrent les Procurors des Praelatz et Nobles del Admiral de la mier d' Engleterre des Comminalties des Citties des Villes des Marchaunz Mariners Messagiers Peleringes de tous autres du dit Roiaulme d' Engleterre des autres terres subgits a in segnurie du dit Roy d' Engletterre d' aillours si comme de la Marine de Genue Cateloigne Espaigne Alemaigne Seland Hoyland Frise Denemarch Norway de plusours autres lieux del Empire que come LES ROYES D' ENGLETERRE PAR RAISON DU DIT ROYALME DU TEMPS D' ON T IL NY AD MEMOIRED DU CONTRARIE EUSSENT ESTE EN PAISIBLE POSSESSION DE LA SOVUEREIGNE SEIGNURIE DE LA MIER D' ENGLEIERRE ET DES ISLES ESTEAUNS EN YCELLE par ordinance establisement des lois estatutes defenses d armes des vesseaux autrement garnies que vesseaux de Marchandise et de seurté prendre et savegarde doner en tous cas que mestier serra et par ordinance de tous autres faits necessaries a la garde des pees droiture et equite entre toute manere des gentz taunt d' autre seignurie come leur propre par illeque's passanz et par soveraigne guarde et tote manere de conisance et Justice haute et basse sur les dites lois estatuts ordinances et defenses et par toutz aultres faitz queux à le governement de soveraigne seignurie appertenir purront es lieux avant ditz Et A. de B. Admirall de la dite mire deputez per le Roy de Engleterre et touz les autres Admiralls per meisme celui Roy d' Angleterre et ses Auncestres jadis Rois d' Engleterre eussent este in paisible possession de la dite soverein garde ove la conisance et Justice et toutz les aultres apertenances avantdites forspris en cas d' appell et de querele fait de eux à lour sovereigns Roys d' Engleterre de deffault de droit ou de malvais juggement et especialment par empechement metere et Justice faire seurte prendre de la pees de toute manere des gentz usaunts armes en la dite mier uo menans niefs aultrement apparallez ou garniez que n' appartenoit au nief Marchande et en toutz aultres points en queux home peut aver reasonable cause de suspection vers eaux de robberie ou des autres mesfaits Et come les Maistres des Neifs du dit Royalme d'Engleterre en absence des dits Admiralls eussent este en paisible possession de conustre et jugger des touz faicts en la dite mire entre toute manere des gentz solonâ— les lois estatuts et les defenses et Custumes Et come en le pimier article de l' Alliance nadgairs faite entre les dits Roys en les traitz sur la darrain pees de Paris soient comprises les paroles que â—ensujent en un cedule annexe à yâ—este At non in schedulâ annexâ sed in eâdem membranâ descriptum est quod sequitur unde non tam ipsos libellos qui cognitoribus edebantur quà m sive formulas eorum archetypas sive exemplaria descripta haec esse conjiciendum fortè est utì etiam ex eo quòd Admiralli Angliae nomen aliter ac per A. de B. non inseratur quae prima elementa non sunt nominis alicujus tunc temporis Angliae Admiralli in sacris Scriniis reperti Primierement il est traict accord entre nous les messagers les procurers susdits en nom des dits Roys que iceux Roys serront l'un à l'autre desores enavant bons vrayes loyaux amys eydans contre tout home sauve l' Esglise de Rome en tiele manner que si ascun ou plusieurs quicunques ils fuissent voloient depointier empescher ou troubler les dits royes es franchises es liberties privileges es drois es droitures eu es custumes de eux de leur royalmes q'ils seront bons loyaux amys aydans contre tout home que puisse viure morir à defendre gardir maintenir les franchises les liberties les privileges les droitures et les custumes desusdites Except pur le dit Roy d' Angletterre Monsieur Johan Duâ— de Braban en Brabant et ses heirs dessendans de lui et de la fille le roy d' Angleterre et excepte pur le dite nostre seigneur â—e roy de France l' excellent Prince Monsiur Aubert Roy d' Alemaigne et ces heirs royes d' Alemaine et Monsieur Johan Count de Henau en Henau Et que l'un ne serra en consail ne en aide ou l' autre perde vie membre estate ou honor Monsieur Reyner Grimbaltz Maistre de la Navie du dit Roy de France In English it run's thus To you our Lords Auditors deputed by the Kings of England and France to redress the wrongs don to the People of their Kingdoms and of other Territories subject to their Dominion by Sea and by Land in time of Peace and Truce The Procurators of the Prelates Nobles and of the Admiral of the Sea of England and of the Commonalties of Cities and Towns and of the Merchants Mariners Messengers Inhabitant strangers and all others belonging to the said Realm of England and the other Territories subject to the Dominion of the said King of England and of others under the Iurisdiction of the same As also of divers other Nations Inhabitants of the Sea-Costs of Genoa Catalonia Spain Almaign Zeland Holland Friesland Denmark and Norway and of divers other places of the Empire do declare That whereas THE KINGS OF ENGLAND By Right OF THE SAID KINGDOM FROM TIME TO TIME WHEREOF
him out of the Catalogue of the Admirals of France yet Joannes Tilius placing him among the Governors of the French Navie call's him Roverius Grimaldus Hee also is that Admiral of the King of France who as Joannes de Beka saith had command of three hundred and fiftie Gallies that were sent by Philip the Fair in the year MCCCIV to aid the Hollanders against the Flemings There are also several particulars in the Records of France which relate to the differences then on foot between the English and French And although that Libel or any Copie of it bee not found therein if wee may credit Tilius who set forth a Catalogue of that kinde of Records yet there is that Commission among them whereby the aforesaid Auditors or Commissioners were autorised to determine of things don contrary to the League It is described by Tilius after this manner Pouvoir donè par le Roy Edovard à deux nommez accordez de sa part pour avec les deux eleuz de la part du dit Roy Phelippe d' enquerir amendir les forfaictes durant lour trefue le Dernier Juin MCCCIII Ou tresor layette Procurationes posse potestates Angliae K. Power was given by king Edward to two persons named and appointed on his part to meet with two persons chosen on the behalf of the said king Philip to make enquiry and give remedy touching Injuries committed during the Truce betwixt them the last of June MCCCIII in the Treasury in the Box intituled Procurationes posse potestateâ—s Angliae K. The Commissions bear date the same day and year whereby these Auditors or Commissioners were appointed for this purpose as wee observed before out of our own Records Nor is it of any force here to the contrarie that Commissioners were somtimes deputed in the same manner by the Princes of the shores on both sides of the Sea as also by the aforesaid Kings to determine complaints about robberies and other injuries usually don by private persons to one another by Sea and Land For if any one will collect thence that the Princes which deputed them had both an equal right in the Sea it may as well bee concluded upon the same ground that they were but part-owners of their own Countries and had an equal interest in each other 's Land Besides in such a kinde of deputation as that there is more regard had of the persons offending that are to bee tried than of the Dominion of Territories which truly is wholly to bee discovered som other way A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second CHAP. XXIX TO these let us add now the assent and voluntarie acknowledgment of the Flemings in the Parlament of England in the Reign of Edward the Second When as the Ambassadors of Robert Earl of Flanders complained of the taking of their Goods away at Sea imploring remedie of the King of England they said more than once that they were taken upon the English Sea towards the parts about Crauden within the power of the King of England and brought into England but that it appertained to the King of England to take cognisance of the crime for that hee is Lord of the said Sea and the aforesaid depredation was committed upon the aforesaid Sea within his Territorie and Jurisdiction which are the words of the Record but I shall set down the whole so far as it relate's to this business Memorandum That whereas for the reformation of certain injuries in an amicable way don by the Subjects of the Earl of Flanders to the Subjects of the Kingdom of England and by the Subjects of the said Kingdom to those of Flanders since the time that our said Lord the king undertook the Government of his kingdom several Treaties had been held between the Council of our said Lord the king and the Ambassadors of the said Earl often sent into England upon the aforesaid occasion which Treaties by reason of som impediments that happened did not aâ—tem the desired effect at length in the Parlament of our said Lord the king held at Westminster in ocâ—abis Sancti Michaâ—lis in the fourteenth year of his Reign there appeared certain Ambassadors of the said Earl to treat about reforming the aforesaid injuries in the form aforesaid And when as the said Ambassadors had been admitted by our said Lord the king to treat anew of this kinde of Iniuries these Ambassadors as other Ambassadors of the aforesaid Earl in the aforesaid Treaties did among other particulars that they required before all things make supplication That the said Lord the king would at his own sâ—â—t by virtue of his Roial Autoritie caus enquirie to bee maâ—â— and do Justice about a certain depredation laâ—ely made by the Subiects of England as they said upon the English Sea of Wines and divers other Merchandises belonging to certain men of Flanders towards the parts about CRAUDEN within the Territorie and Jurisdiction of our said Lord the king alleging that the aforesaid Wines and Merchandises taken from the said Flemings were brought within the Râ—â—â—m and Jurisdiction of the said Lord the king and that it belong'd to the king himself so to do for that HEE IS LORD OF THE SAID SEA and the aforesaid depredation was made upon the said Sea within his Terrâ—â—orâ—â— and Jurisdiction In conclusion after diligent consideration had of the Premisses in the same Parlament with the Prelates Earls Barons and other Peers of the said Realm beeing there present it was concluded upon their advice by the said Lord King that to preserv the benefit of Peace between the Subjects of England and â—landers the said Lord king do by his Roial Autoritie caus enquirie to bee made about the Goods taken at that time upon the aforesaid English Sea towards the said place of CRAUDEN and brought within the said Realm in those places where the Malefactors went with the goods so taken to the said Land of England and caus the same depredation to bee heard and determined according to Law and Reason and that the Owners of the Ships who had a hand in the said depredation and others who knowingly received the said Offendors with the Goods so taken in whole or in part may bee charged and punished thereupon as partakers of the aforesaid depredation So far that Record And Commissioners were appointed with power of Jurisdiction by the King's Commission through most of the Maritim Counties to make reparation of damages But becaus there are upon the shores over against us especially those of Zealand and there are also upon other neighboring shores besides Inlets of Rivers very many windings and turnings of the Sea flowing in whereby the land is so interwoven up and down that it cannot well bee but that the Sea also which flow's in and oftentimes remove's Banks and make's Harbors there in the same manner almost
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
to bee renewed by petition from seven years to seven years as a thing which for very many was not omitted Wee answer that the fault of its omission proceeded not from the English but from the Danes For that seven years Licens was petitioned for till the time that King Christiern was expelled about the year of our Lord MDXX But afterward it ceased to bee renewed becaus of the uncertaintie to whom the succession of the Kingdom did lawfully belong And since the time of the said expulsion of King Christiern neither King Frederick your great Grandfather nor Christiern your Grandfather nor Frederick your Highnesse's Father ever urged any such petition for Licens But concieving former Treaties sufficient which were made between the Kings and Kingdoms they would not innovate any thing after a prescription of verie manie years seeing they were otherwise sufficiently secure that the same thing would never bee attempted which was the first occasion of ordaining such a Licens And to this end the Letters of King Frederick your Highnesse's Father written to Us and bearing date the fourth of May Anno MDLXXXV were shewn to Doctor Craig purporting that if the English absteined from doing injuries they should enjoy the wonted libertie and favor without any mention or requiring of a Petition for Licens whereas nevertheless Wee offer'd you that our Merchants should hereafter petition you from seven years to seven years according to the antient and long continued Custom which offer Wee understand your Highness would not admit For the most excellent Queen would not otherwise acknowledg the Jurisdiction and Empire of the King of Denmark and Norway in this Sea than that the whole servitude or right of fishing afore-mentioned there established as afore-said might as a considerable part of the antient Patrimonie bee reteined to her and her Successors There were other Letters and Treaties also about this business in the year MDCII But the Controversie beeing deferred nothing was concluded But it appear's the King of Great Britain hath Empire and Dominion also in the Sea which lie's far more Northerly than Island To wit in that of Groënland For this Sea having never been enter'd by occupation nor used in the Art and Exercise of Fisherie was first in the memorie of our Fathers rendred very gainful through a peculiar fishing for Whales by those English Merchants of the Moscovie-Companie who â—ailed that way The use of a Sea never enter'd by Occupation and such a kinde of profit beeing first discover'd doth according to the manner of the claim give a Dominion to the discoverer who claim 's it in the name of another as here in the name of the Soveraign of England as well by a corporal as intentional possession no otherwise than doth the first both natural and civil possession of any other things whatsoever that were never yet possessed Upon which ground it was that King James in his Letters of creâ—ence given to the worthie and most accomplished S Henrie Wotton Knight his Ambassador in Holland and others emploied by him to treat about that business did verie justly call the Fishings in the North Sea near the Shores of Groenland acquired for Us onely and Ours by right But that wee may at length conclude whatsoever hath been discoursed hitherto touching the Right and Sea-Dominion of the Kings of Great Britain and the antient extent of their Royal Patrimonie in the Sea give mee leav to sum up the whole in certain Verses of the most excellent Hugo Grotius of whose Law-writings so far as they concern either a private Dominion of the Sea or a Communitie wee have spoken in the former Book which were very elegantly written heretofore to K. James upon his Inauguration in the Kingdom of England Saith hee Tria sceptra Profundi In Magnum coiere Ducem Three Scepters of the Deep their pow'rs do bring To make a Trident for a mightie King And then addressing his Speech to the Sea that is wont to receiv its motion from the Moon Sume animos à Rege tuo meliore levatus Sidere nec cela populos quocunque calentes Sole per immensum quem circumvolveris orbem Quis det Jura Mari. Take courage from thy Roâ—al Governor As by the influence of a better Star And in thy cours about the World explain To all mankinde who t is that rule 's the main And in another place licèt omnia casus Magna suos metuant Jacobo promissa potestas Cum Terris Pelagóque manet Though all great things a fall do fear Yet James his power must stand Beeing enlarged and compos'd Both of the Sea and Land A little after also hee proceed's thus Rerum Natura creatrix Divisit populos metas ipsa notavit Sic juga Pirenae sic olim Rhenus Aspes Imperiis mensura suit Te flumine nullo Detinuit nullâ nimbosi verticis arce Sed Totum complexa parens hic terminus ipsa Substitit atque uno voluit sub limite claudi Te tibi seposuit supremo in gurgite Nereus Finis hic est qui Fine caret Quae meta Britannis Litera sunt aliis Regnique accessio tanti est Quod ventis velisque patet Nature her self the mistress of mankind Hath sever'd Nations and their bounds design'd So the Pyren'ean Tops Aspes and Rhine As bounds to Empires Shee did once assign Yet Thee Shee with no River-hath confin'd Nor loftie Tow'er that dare's the stormie wind But having thrown her wide imbraces round The Univers here fix't her self thy bound And mean't one limit should you both contain Thee Nereus hath secluded in the main This bound unbounded is Great Britain stand's Confined by the Shores of other lands And all that may by Winds and Sails bee known Is an accession of so great a Crown And without question it is true according to the Collection of Testimonies before alleged that the very Shores or Ports of the Neighbor-Princes beyond-Sea are Bounds of the Sea-Territorie of the British Empire to the Southward and Eastward but that in the open and vast Ocean of the North and West they are to bee placed at the utmost extent of those most spacious Seas which are possest by the English Scots and Irish. FINIS Prais and Glorie bee to God our Saviour ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA Collected Out of certain publick Papers relating to the Reigns of K. JAMES and K. CHARLS LONDON Printed by William Du-Gard An. Dom. 1652. ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA Collected Out of certain publick Papers relating to the Reigns of K. JAMES and K. CHARLS THE Learned Autor having fully evinced the Right of this Island in the Sea and that from all Antiquitie it were superfluous to seek after any farther Testimonies relating to elder times wherein hee himself hath been so abundant and alreadie set down the most material And therefore it is conceived
the Southern and Eastern part of it as Lords thereof together with the Island before they were brought under the Roman power p. 188 CHAP. III. That the Britains were Lords of the Northern Sea before they were subdued by the Romanes And that the Sea and the Land made one entire Bodie of the British Empire pag. 201 CHAP. IV. That the Dominion of the British Sea followed the Conquest of great Britain it self under the Emperors Claudius and Domitian pag. 205 CHAP. V. Touching the Dominion of the Romanes in the British Sea as an appendant of the Island from the time of Domitian to the Emperor Constantius Chlorus or Diocletian pag. 211 CHAP. VI. Touching the Dominion of the Southern and Eastern Sea as an appendant of the British Empire from the time of Constantine the Great till the Romanes quitted the Island That it was all under the Command of the Count of the Saxon Shore throughout Britain Also concerning the British Navie under the Romanes pag. 217 CHAP. VII An Examination of the Opinion of som learned men who would have the Saxon Shore from whence that Count or Commander of the Sea throughout Britain had his Title to bee the British Shore on this side of the Sea which is plainly proved to bee fals pag. 231 CHAP. VIII Som Evidences concerning the Soveraigntie and inseparable Dominion of the Isle of Britain and the Sea belonging thereto out of Claudian and certain Coins of the Emperor Antoninus Pius pag. 242 CHAP. IX Touching the Dominion of the British Sea after that the Inhabitants had freed themselvs from the Romane power pag. 247 CHAP. X. It is proved both from the very beginning of the Saxon's Reign as also from their Forces and Victories by Sea that the English-Saxons and Danes who ruled the South part of Britain had Dominion over the Sea pag. 251 CHAP. XI The Sea-Dominion of the English-Saxons and Danes during their Reigns in Britain observed in like manner from such Tributes and Duties of their Fiduciarie Clients or Vassals as concerned the maintenance of the Navie Also concerning the Tribute or Paiment called Danegeld which was wont to beelevied for the Guard of the Sea pag. 259 CHAP. XII The Testimonies of Edgar and Canutus Kings of England with others expressly declaring the Dominion which they and their predecessors had over the Sea Together with an observation touching the Nations which in that Age were seated upon the opposite Shore pag. 273 CHAP. XIII Several Testimonies concerning the Sea-Dominion of the Kings of England since the Norman Conquests set forth in general heads pag. 284 CHAP. XIV 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 verie Law of the English Admiraltie pag. 287 CHAP. XV. The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed paid and demanded for the Guard or Protection thereof after the Norman Conquest pag. 295 CHAP. XVI Observations touching the Dominion of the English and Irish Sea from the tenor and varietie of those Letters Patents or Commission Roial whereby the Admirals of England were wont to bee put in Autoritie pag. 305 CHAP. XVII 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 pag. 312 CHAP. XVIII Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may oppose the Dominion of the King of England by Sea pag. 321. CHAP. XIX That in the Dominion of those Islands lying before the shore of France which hath ever been enjoied by the Kings of England it appear's that the possession of the Sea wherein they are situate is derived from their Predecessors pag. 333 CHAP. XX. The Dominion and possession of the Sea asserted on the behalf of the Kings of England from that leav of preter-Navigation or passage which hath been usually either granted by them to Foreiners or desired from them pag. 344 CHAP. XXI 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 pag. 355 CHAP. XXII The Dominion of England made evident from the Laws and Limits usually set by our Kings in the Sea to such Foreiners as were at enmitie with each other but in amitie with the English And concerning the King's Closets or Chambers in the Sea Also touching that singular privelege of perpetual truce or exemption from hostilitie in the Sea about those Isles which lie before the shore of Normandie pag. 363 CHAP. XXIII Certain publick Records wherein of old the Dominion of the Sea is by the way asscribed to the Kings of England both by the King himself and also by the Estates of Parlament debating of other matters and that in express words and with verie great deliberation as a known and most undoubted Right pag. 375 CHAP. XXIV Of divers Testimonies in our own Law-books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted pag. 382 CHAP. XXV Son antient Testimonies of less account touching the Sea-Dominion whereof wee treat pag. 394 CHAP. XXVI That the Sea-Dominion of the Kings of England is acknowledged by Foreiners whom it most concerns by their usual striking of Sails according to antient Custom Also concerning two Edicts or Ordinances that were set forth about this thing by the Kings of France pag. 398 CHAP. XXVII A Recognition or Acknowledgment of the Sea-Dominion of the King of England made by very many of the Neighbor-Nations round about in an antient Libel publickly exhibited or in a Bill of Complaint instituted by them together with the English against Reyner Grimbald Governor of the French Navie Also touching a Recognition of this kinde implied in his defence pag. 403 CHAP. XXVIII A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter pag. 415. CHAP. XXIX A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second pag. 429 CHAP. XXX Of the Dominion of the King of Great Britain in the Irish and Western Sea considered singly and apart by it self pag. 433.
form of Donation And therefore that is very vain which is objected by som That the Earth is given to the children of men but that the Sea belong's onely to God himself as if Dominion not common indeed but onely a common use of the Sea were permitted by the words of holy Scripture And as if it were not said in like manner The Earth is the Lord's and fulness thereof The tops of the Hills are his also Who know's not that such sayings as these cannot in any wise weaken the Dominion of Mankinde For whatsoëver is acquired by men still God Almightie as Father of the Univers retein's his supreme Dominion both over men as also all other Things which never was denied yet by any sober man But the Controversie is about the Dominion of man to wit that which comprehend's any enjoiment or proprietie whatsoëver saving still that right of the Dominion of God which cannot bee diminished And the distinction about this matter is very ordinarie in the Schools According to the first sort of Dominion nothing whatsoëver much less may the Sea belong unto men According to the second all things indeed are or may bee theirs which can bee apprehended seized and possessed And moreover that in the old Testament express mention is made more then once of such a Seisure possession or private Dominion as this whereof wee Treat and that as of a Thing lawfully brought in use There wee finde that the men of Tyre were Lords and Masters of the Phaenician and the Egyptians of the Alexandrian Sea Concerning the Phaenician saith the Prophet unto Tyrus All the Princes of the Sea shall com down from their Thrones c. And they shall take up a lamentation for thee and say to thee how art thou destroyed that wast inhabited of Seafaring men the renowned Citie which wast strong in the Sea Here the Dominion of the Tyrians at Sea is plainly set forth And in the following Chapter Thy Borders are in the midst or heart of the Sea as wee read it in the Hebrew and also in an Arabian Manuscript which render's it to the same purpose For both the Greek and vulgar Translation differ there from the Original It follow 's also thus All the Ships of the Sea with their Mariners were thine to occupie thy Merchandize In stead of which last words these are put in the Greek Copies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even Westward of the West or through a great part of the main or Western Sea that is the Phaenician or Syrian Again Becaus thine heart is lifted up and thou hast said I am a God I sit in the seat of God in the mid'st of the Sea Hee threaten's not the Tyrian becaus hee had gotten him a Dominion over the neighboring Sea but becaus beeing lifted up with pride hee had taken unto himself the name of God The Tyrian is called likewise in another Scripture the Sea it self and the strength of the Sea But concerning the Egyptian Sea another Prophet speak's thus unto Ninive Art thou better then populous Alexandria in the Original the Citie is called No taken here for Alexandria which is situate among the Rivers that hath the waters round about it whose Riches and strength as it is in the Hebrew or as the Greek render's it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is whose Empire or Dominion is the Sea Moreover it seem's to make mention of Kings of the Sea as well as of Islands The Kings of Tarshish and of the Isles shall bring presents For Tarshish or Tharsis in Hebrew signifieth the Sea as it is often confessed both by the Greek and Chaldee Interpreters Although Munster a man otherwise very learned speak's unadvisedly upon the fore-mention'd place and will not have Tharsis there to signifie the Sea becaus saith hee Kings have nothing to do at Sea but rule onely upon Land forgetting what wee have alreadie told you that express mention is made by Ezechiel concerning Princes of the Sea With which agree's also that saying I will set his hand in the Sea and his right hand in the Flouds upon which place Aben-Ezra note 's that God Almightie assigned the Dominion of the Sea there unto King David That hee might rule over those that sailed either through the Sea or the Rivers It is written thus likewise in the Apocrypha O yee men do not men excel in strength that bear rule over Sea and Land and all things in them But yet the King is more mightie for hee is Lord of all these things and hath Dominion over them And in another place saith the Angel to Esdras The Sea is set in a wide place that it might bee deep and great But put case the entrance were narrow and like a River who then could enter the Sea to look upon it and have Dominion over it iâ— hee went not through the narrow The Dominion of the Sea and of the Land is granted alike in both these places It is said also of King Ahasuerus That hee made not onely the Land but all the Isles of the Sea to becom tributarie which words truly do clearly shew a Dominion of the Sea for so they are expressed in the vulgar Edition out of the Hebrew Original which is lost But the Greek Copies are more plain there The King wrote to his Kingdom of the Land and Sea Nor must wee omit that of Moses when hee blessed the people And of Naphtali hee said Naphtali shall enjoy abundance and bee full with the blessings of the Lord hee shall possess or inherit the Sea and the South as the â—â—lgar and the Greek do render that place But by many others the Sea is taken there for the West-Quarter as it is often in the Scriptures Yet truly it is clear those words are meant of the Sea of Galilee or of the Lake of Tiberias not of the great or Phaenician Sea which lie's Westward becaus the Land of Naphtali was situate near that Lake which also is often called the Sea As it appear's likewise out of Onkelus his Paraphrase where express mention is made of the Sea of Genesareth called also the Lake of Tiberias or the Sea of Chinnereth and by this name it passeth with the salt Sea or the Lake of Asphaltites in the sacred description of the Eastern part of the holy Land But the former place of Deuteronomie is â—…usly rendred by Rupert the Abbot of Tuitiuâ— Maâ—e Meridiem possidebit for Mare Meridiem hee shall possess the Morning and the South for the Sea and the South However it is clear I suppose out of the places alleged such plain Testimonies are found in holy Writ touching such a Dominion of the Sea that in the mean time it must bee granted that according to the Universal Permissive Law any man may acquire it as well as the Land And truly as for those places quoted in the foregoing Chapter concerning the
against those Pirats as enemies of humane society after the same manner as wee see Commissions daily granted against Pirats that rob and spoil in any Sea not yet possessed but that very Sea-Territorie which the Cilicians had invaded was recover'd by Arms. From whence Manilius break 's forth in a Poetical rapture Quis te Niliaco peritarum littore Magne Post victas Mithridatis Opes pelagúsque receptum Crederet Who would have thought great Pompey when for Rome Thou Mithridates forces had'st o'recom And did'st from Pirats hands the Sea restore Thou shouldst have perish'ton th' Egyptian shore Therefore Lactantius ought not so much to have resembled Neptune to Pompey as to the People of Rome in beeing Lord of the Sea Other matters there are in the fabulous time which beeing spoken of the Gods may seem to shew what opinion the Antients were of touching the right and custom of men in this particular For when they cloth their Gods with the persons of men they commonly speak such things of them as belong unto men From whence Hâ—siod sayeth Jupiter granted unto Hecate that shee should possess part of the Sea as well as the Land Hereunto also belong's that of Oppianus concerning Amphitrite's beeing made Queen of the Sea by Neptune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hee constituted Her Queen of the Sea Also Nonnus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beroë had the Empire or Dominion of the Sea Instances of this kinde are innumerable And therefore thus much concerning the fabulous time The first Dominion of the Sea among the Greeks in the Historical age that is the Dominion of King Minos or the Cretan CHAP. IX THe former part of the Historical time or that which comprehend's Kingdoms and Commonweals which expired som ages since wee begin from the Empire of the Cretans at Sea Afterwards wee trace a catalogue not onely of very many People of old Greece and other nations famous heretofore in the East of like Command and Dominion in the Syrian Egyptian Pamphilian Lydian and AEgean Seas and the several changes thereof but also wee shew that the Dominion both of the Romans and Carthaginians in their adjoyning Seas as the upper the lower the more Easterly Sea also and others of that kinde in the West hath been received into Custom as a thing very usual and agreeable to Law I. MInos the son of Lycastus said to bee the son of Jupiter King of Crete possessed the Cretan Sea on every side and a great part of the AEgean as Lord and Sovereign So sayeth Thucydides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Minos held the greatest part of the Greek Sea as Lord thereof So truly the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to bee construed both here and in the following instances Nor is it any wise to bee imagined that so to have Command as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commonly signifie's can bee otherwise meant than very plainly thus that any one who is Lord or at least doth Act as Deputy or by permission of him who is Lord may prescribe Rules and Laws to the number of other men's ships and passage Tolls or Tributes throughout the several limits of the Sea after the same manner as when hee withold's or permit's the use of his Land to husbandmen according to his own will and pleasure Which in this case is all one Howsoêver wee are not ignorant that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 somtimes signifie's only to bee strong and powerfull in shipping In like manner Diodorus Siculus Nicolaus Damascenus Strabo Cedrenus Suidas and others speak expresly And Phaedra likewise in Seneca O magna vasti Creta Dominatrix freti Cujus per omne littus innumerae rates Tenuere pontum quicquid Assyriâ tenus Tellure Nereus pervium rostris secat O mighty Creet thou Mistress of the main Whose many ships have fil'd both Sea and shores As farr as Nereus doth to Ashur's Land Plow out a passage with his stemm's and oars And the first Dominion of the Sea that is the first possession of that part of it which was not yet possessed but remained vacant from whence this kind of Dominion doth arise they attribute for the most part unto Minos But there is an error touching this matter in Jerom's Traslation of the Chronicle of Eusebius nor is it to bee passed by unless wee will carelesly neglect that which in plain terms may seem to oppose the most eminent Soveraigntie of the Sea among the Grecians The Translation run's thus Minos Mare obtinuit Cretensibus Leges dedit ut Paradius memorat quod Plato falsum esse convincit Minos possessed the Sea and gave Laws to the Cretans as Paradius recordeth which Plato prove's to bee fals What then Doth Plato prove it to bee fals that Minos gave Laws to the Cretans and held the command of the Sea or that either of Them is fals The place is plainly fals and very much corrupted both in the fained name of Paradius an Autor never heard of in any other place as also in the very Translation of the Greek words of Eusebius Paradius I know not by what negligence for I would not believ it of Jerom a pious and most learned man but perhaps of som smatterer in learning who presumed to enlarge those brief summarie discourses of his in that Chronicle did arise even from Para Dios that is ex Jove from Jupiter which is found in the Greek words of Eusebius For there Eusebius saith Minos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 possessed the Sea and gave Laws unto the Cretans which hee brought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from Jupiter out of the Cave where hee had retired himself for nine years Touching those Laws received from Minos which expired not before Crete was subdued by Caecilius Metellus also concerning his Cave in Mount Ida and the nine years the matter appear's very plain out of Homer Plato Porphyrie and others But in the Greek of Eusebius it immediately follow 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which certainly here signifie's id quod Plato in Legibus adprobat seu confirmat that which Plato in his Laws approve's or confirm's For Minos his receiving of of such Laws is the very foundation of Plato's Books concerning Laws So little reason is there it should have been translated Quod Plato falsum esse convincit aut quod Plato refellit which Plato prove's to bee fals which Plato disprove's whereas notwithstanding that eminent man Joseph Scaliger using far less diligence here then was meet or then hee hath been wont to do would have the latter to bee added in that place For howsoêver according to the meaning and more common usage of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it may seem rightly translated yet the matter it self and the other signification of the word doth manifestly prove our trans-action to bee true But wee read the very same too according to Jerom's Translation as copied out by Marianus Scotus and Florentius of
Grant of the use of the Northern or Norwegian sea for a certain time to our Merchants of the Muscovie Companie in such a manner as if hee had rented out any Land whereof hee stood fully seized and possessed Hee limited the Grant also with such conditions as hee thought fit The publick Instruments or Records about this Particular are yet extant whereby the King had an annual Tribute in recompence other Merchants were excluded and the Grant it self was to continue no longer then the Peace made between that King and the Moscovit Wee read also in the ancient Histories of Denmark of King Harald Hildetan that no man did presume to usurp a Domination in the Sea without his consent And that which follow 's next ought especially to bee taken notice of as to this Particular becaus the Empire of Land and Sea was once divided in the Republick of Denmark And Olo who afterwards was King succeeding his Father in the Dominion of the Sea vanquish't LXX Kings of the Sea by Sea-Fight Which things are written by Saxo Grammaticus and other also of that kinde And in the Treatie held at Koppenhagen betwixt Christiern the fourth of Denmark and Gustavus Adolphus of Swedland the King of Swedland renounceth the right Soveraigntie and Dominion of the Sea and the other Roialties by him formerly claimed over the said sea in Norway Norland and in the Jurisaiction of Wardhuisen But touching the Sea of Norway as it lie's more Northward wee shall add more at the latter end of the second Book Mention is made likewise of the Sea belonging to the Reâ—lm of Poland and the Dominion thereof in that Promise which was made by the French Ambassadors in the name of Henrie III of France when hee was elected King of Poland The aforesaid Ambassadors do promise in the name of the most illustrious King now chosen that assoon God willing as hee shall com to his Kingdom hee will at his own charge maintain a convenient Navie sufficient to defend the Ports and the Soveraigntie of the Sea belonging to the Kingdom and the Provinces adjoyning even to the utmost bounds of the whole Dominion of Poland as it is recorded by Janus Januszowskius in his Syntagma of the statutes of Poland But the Turkish Emperor who by Conquest succeeded in the right of the Emperors of Constantinople and so purchased both the AEgean and Euxin sea calling this the black the other the white sea is wont solemnly to intitle himself Lord both of the white and black sea as you may see in the League betwixt Achmet the Ottoman Emperor and Henry the IV. of France made above thirty years since and printed both in the French and Turkish Tongue Moreover in the same League the Turk grant's the French free leav to Fish and search for Coral in certain Streits and Creeks of the African Sea within his Kingdoms of Algier and Tunis And hee farther confirm's all that had been granted to them by his Predecessors for freedom of Fishing in those parts In like manner Coriolanus Cippicus relating the Actions of Pietrâ— Mocenigo General of the Venetians saith The Ottoman Emperor built two Castles very well fortified over against each other on both sides the Hellespont in its narrowest passage which hee stored with Ordnance of an extraordinary bigness and charged the Governors of the Castles to shoot and sink any ship that should endeavor to pass without leav Which is plainly to domineer over the Sea and agreeable to his Title of Lord of the white and black Sea Neither is that to bee sleighted here which wee finde in the Letters of David Emperor of Ethiopia or the Abassins to Emmanuël King of Portugal Hee entituleth him Lord of Africa and Guinee and the Mountains and Island of the Moon and of the Red Sea Arabia and Persia and Armutia great India c. Hee useth here an Hyperbole after the manner of the African Princes and attribute's those things to Emmanuël which were none of his But in the mean time hee admit's that hee might have been Lord of the Red Sea as well as of any other Territorie and that that Title doth not intrench upon the Law of Nature or Nations any more then this Now that wee may at length conclude this part touching the Dominion of the Sea as admitted among those things that are lawful and received into the Customs of Nations there are not onely very many Testimonies every where as hath been shewn you concerning it but nothing at all I suppose can bee found to impugn it in the Customs of those Nations that have been of any note in later times unless it bee where som of them that are Borderers upon the Sea-Dominions of others do strive to violate or infringe the Rights of their Neighbors under pretence of that Natural and perpetual communitie so often insisted on out of Ulpian by such Writers as too much prefer that obsolete Opinion before the Universal and most antient Customs of Nations Of which kinde truly the first Article of that League seem's to bee which was made above twentie or about thirtie years past betwixt the States of the United Provinces and som of the Hans-Towns as it was translated out of Low-Dutch by a Dutch-man to this effect That this Conjunction or Union ought not to bee intended for the offence of any but onely for the preservation and maintenance of the freedom of Navigation Commerce and Merchants in the Eastern and Northen Seas and also in all Rivers and Streams running into the Eastern and Northern Seas nor ought any other thing to bee meant in this place so that their Citizens and Subjects joyned in this League respectively may according to the Law of Nations use and enjoy the Liberties acquired and obtained together with the Rights Privileges and Customs received from their Ancestors throughout the Eastern and Northern Seas aforesaid and in the aforesaid Rivers Streams and waters without any Let or Impediment They promise also to aid each other in opposing any that should hinder such a freedom of Navigation in that Northern and Eastern Sea that is to say the Baltick and that which washeth the Coasts of Denmark Lituania Pomerania and the Dominions of the King of Poland where it seem's they pretend not onely Rights and Liberties peculiarly granted to them long since but also to the very Law of all Nations It is no hard matter to guess what the Intent of that League might bee For about that time the King of Denmark had raised his Toll in the Baltick Sea and in like manner the King of Poland within his Territories by Sea And that for the maintenance of that Dominion which they enjoyed which that kinde of League betwixt the States of the Hans Towns and United Provinces did seem to oppose But to pass over these things seeing a private Dominion of the Sea which is the point in Question is founded upon such clear Testimonies out of the Customs
write's that Leo made a change against reason of Law And here especial care must bee taken to avoid that which som have presumed to affirm touching those most excellent Books of Justinian which make up an entire Bodie of the antient Law That the Law prescribed in those Books is not the Law onely of a Citie but even of Nations and nature and that the whole is so fitted unto nature that after the Empire was extinct though the Law was a long time buried yet it rose again and spread it self through all the world And therefore that it concern's even Princes although it was framed by Justinian for private persons As if the law natural and of Nations were to bee derived onely out of those Books For not to mention how that not onely very many Decrees and Custome's introduced in the Romane-Germane Empire it self and other places abroad have extremly alter'd many things conteined in those Books but also that wee finde divers Kings both of Spain and France have somtimes heretofore prohibited the use of them in any kinde within their Courts of Justice there are truly som things in the very Law of the Nations of Europe who receiv those Books and that upon very good ground both into their Schools and Courts so far as the particular Laws of their Kingdoms will permit I mean in their Law Common or Intervenient which are not grounded at all upon the Law of Justinian but have had their original from Customs quite contrarie thereto Prisoners of war are not now made slaves nor are the Laws concerning captivitie or Remitter upon return from Captivitie touching the persons of men in any use at all which notwithstanding take up a Title in the Digests Ships driven by wrack upon a Shore do by the Law of Justinian which is confirmed also in the Roman German Empire belong either to the former Owners or as things relinquished and unpossessed to the first Finders nor doth the Exchequer interpose any Claim whereas nevertheless according to the Law of divers Nations intervenient to themselvs and their Neighbors it bee most certain that those Ships are very often confiscated according to the varietie of Custom As among the English the Britains Sicilians som Borderers upon the Shores of Italie and others And although it bee accounted crueltie by som to persue profit upon so sad an occasion as it was also by the Emperor either Constantine or Antoninus who made a Law thereupon yea and though besides the Decree of the Lateran Councel the Bull Coenae Domini do blast those every year with Excommunication that plunder the goods of such as suffer Shipwrack in any Sea upon any pretence of Law or Custom whatsoêver yet the Custom of confiscation in this case derived not its Original from the rude and barbarous Ages but it flowed first from the most antient Maritim Laws of the Rhodians which were in use among the Grecians in their flourishing condition as shall bee shewn by and by and from thence was received by divers Princes Also when the Emperor's Ambassador as Bodin saith made complaint before Henrie the second King of France that two Ships beeing driven a Shore were seized by one Jordanes Ursinus and demanded a restitution of them Annas of Momorancie Master of the Hors made Answer that all things which had been cast upon Shore did by the Law of all Nations belong to such Princes as have commanded the Shores So far hath Custom taken place in this particular that Andraeas Doria did not so much as complain about those Ships that were cast upon the French Shore and made prize by the Admiral of France So far hee In like manner Whales and other Fish of extraordinarie bigness do not according to the known Law of England Portugal and other Nations belong to him that first seizeth them but either to the Exchequer or which is all one to such as the Prince shall grant a Royaltie of that nature Other instances might bee brought sufficiently to shew that the Law natural and of Nations is not wholly to bee drawn out of such Decrees or Determinations as are found in the Books of Justinian And so that what is there inserted touching a Communitie of the Sea doth not in any wise diminish the Autoritie of the received Customs of so many Ages and Nations But it is to bee observed that the Sea is said in those Books to bee common as the Aâ—r and as wilde Beasts are common As if indeed the neighboring Aâ—r it self could not pass into private Dominion as well as a River that is possels'â— and wilde Beasts that are taken Moreover those Antients do ordinarily conjoin a communitie of Shores and Ports not unlike to that which they teach of the Sea As if the very reason of the Dominion of Ports and Shores as they belonged either to the people of Rome or which is all one here to the Prince himself were not manifestly drawn as wee have expressly shewn alreadie out of Celsus from the Imposts and Customs which are frequent enough both in the Shores and Ports of the â—oman Empire and in the Books of Justinian as in many other places For as the paiment of that Tribute which is called Solarium à Solo and thence by the Greek Lawyers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for an hous that is built upon the ground of the Common-weal or the publick ground was a sufficient Argument that the Common-weal or the Prince was Lord of the Soil so indeed also the Custom paid for the use of Ports manifested that there was the same kinde of Dominion over Them Also Ports themselvs are rightly supposed to bee a part even of the Continent as appear's in another place Moreover also Justinian appropriated the Hellespont to himself in such a manner that hee would not permit Merchants and Sea-men to enjoy a freedom of that Sea and the Ports but at an extraordinarie rate if wee may believ Procopius who was his comtemporarie and wrote his Affairs Nor did they imagine there was any difference betwixt the Dominion of the Sea and that over the Land or People who about 400 years since put this Inscription upon the Monument of the Emperor Frederick the second Qui Mare qui Terras Populos Regna subegit Who subdued the Sea the Land Nations and Kingdoms To wit in the Cathedral Church of Palermo in which place notwithstanding the Imperial Law flourished at that time as well as in the rest of the Roman-German Empire The sum of all is that those antient Lawyers do deliver many things carelessly touching this matter not onely such as thwart the most received Customs of Nations through almost all Ages but such also as do sufficiently contradict one another especially whilst they join the Shore it self and consequently the Ports together as it were in an equal state of Communitie So that they are equally
refuted as well by their own indiscretion as by the Autoritie of others Touching the Emperor Antoninus his Answer that himself was Soveraign of the world but the Law as 't is commonly translated of the Sea in L. Deprecatio ff tit de Lege Rhodiâ The true meaning of the said Answer and a new but genuine Exposition of it Also that it comprehend's nothing which may in any wise oppose a Dominion of the Sea CHAP. XXV BUt seeing that among those particulars which are usually drawn out of Antient Lawyers against Dominion of the Sea that Answer of the Emperor Antoninus to Eudaemon several times before-mentioned is of so principal an account therefore it seem'd meet to treat of it apart by it self and search into the genuine sens thereof concerning which whosoëver shall look into the whole matter with a little more care then ordinarie will I suppose bee very well satisfied not onely that most Interpreters have hitherto been wholly ignorant thereof but also that it in no wise contradict's a Dominion of the Sea Eudaemon having been Shipwrack't at Sea had petitioned the Emperor for a restitution of those wrack't goods that had been seized by the Receivers of his Customs The words according to Volusius Maetianus who was one of the Emperor 's Privie Councellors are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O Emperor Antoninus our Lord wee having made Shipwrack have been spoiled of all by those Receivers of the Customs that inhabit the Cyclades Islands Hee received an Answer from the Emperor pointed for the most part after this manner in the printed Books 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is usually thus translated I indeed am Soveraign of the world but the Law of the Sea Let it bee determined by the Rhodian Law which is prescribed for the regulation of Sea-affairs so far as it is not opposed by any of our Laws For the Emperor Augustus also was of this Opinion There never was any Controversie about the reading or Translation of this Answer unless it were in those words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereto answereth but the Law of the Sea with a period or full point after it as for the most part it is taken and as wee have according to the received translation related it alreadie in the Objections Of those that would have it so rendred there have been not a few who were of Opinion that from the Adversative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 autem is implied that the Emperor answer'd that himself indeed was Lord of the rest of the world but not of the Sea and that the Law onely not any man was Lord of this Andraeas Alciatus saith Whereas it is said I indeed am Lord of the world but the Law of the Sea som French Doctors were of Opinion becaus of that Adversative that a Soveraigntie of the Sea did not appertain unto the Emperors But hee add's which truly is very ridiculous Although Baldus and Jason conceived for this reason that the Venetians were not subject to the Roman Empire But the sens of this Law is this to wit that Sea-affairs were to bee determined by the Rhodian Law as hee declare's a little before For seeing the Emperor is Lord of the world surely not the Land onely but the Sea also ought to submit to his Laws and hee to appoint Laws therein though notwithstanding hee do not determine matters by his own Law in the Sea but by the Rhodian Law which was by him approved Understand therefore when it is said I am Lord of the world becaus I govern the world according to my own Law But the Law suppose the Rhodian Law of the Sea becaus by it Justice is administred upon the Sea Add hereunto that this Particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Autem is not so opposed that it alwaies exclude's what goeth before And therefore Alciatus also rendreth it thus But the Law of the Sea by which Law of the Rhodians concerning Navigation let it bee determined c. And therefore truly it is upon exceeding good ground that hee call's their opinion very ridiculous who would have it hence concluded that a Dominion of the Sea did not belong unto the Emperors For suppose the Emperor did answer so as it is commonly rendred Doth hee therefore deny himself a Dominion of the Sea becaus hee affirm's the Law to have Dominion at Sea was hee not in the mean time Soveraign Lord and Arbitrator of the world as hee implied indeed by his Answer and so also of the Law whatsoëver hee pleased was Law Therefore to say that any thing which the Law had Dominion over was not also under the Emperor's Dominion to whom the Law it self was subject is so absurd as nothing can bee more Others there are that render the sens of the words after this manner Although I my self bee Lord and Emperor of the world and so free from all Laws nor bound by any Rule to give any account to my Subjects yet notwithstanding the Law shall bee Empress and Queen at Sea that is it shall bear sway by Sea in such Cases as have faln out at Sea since it concern's Sea affairs nor shall my Exchequer bee advanced by the loss of my Subjects but Justice ought to bee equally administred between the Exchequer and private persons and therefore the Exchequer shall bee liable to give an account So saith Franciscus de Amaya Advocate in the King's Court of Exchequer within the Kingdom of Granada So you see here is not the least Track admitted of a denial of Sea-Dominion Som also there are who would have the meaning bee that Antoninus should expressly say that hee himself was as well the Law of the Sea as Lord of the world I indeed am Lord of the world and I am also the Law of the Sea So Joannes Igneus And som others there are that incline this way with whose opinion if wee shall concur wee must needs confess also that the Emperor did sufficiently attribute the very Dominion of the Sea unto himself But Samuel Petit a very learned French-man saith Antoninus doth not deny himself to bee Lord of the Sea that hee cannot give Law and do Justice to those which deal upon the Sea for you see his meaning was that Right should bee don betwixt Eudaemon and the Customers which dwelt in the Cyclades Islands according to the Rhodian Law nor doth hee say also that hee is so tied by this Rhodian Law that hee can by no means reliev Eudaemon against this Law if any injurie bee don him but his meaning is that Eudaemon should have Right don him according to this Law but yet so that this do not thwart any of the Roman Laws Thus hee interpret's it though the vulgar reading bee reteined which hee would rather have to bee rejected and the name of Law to bee put out there Beeing of opinion that the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but the Law of the Sea
been by them deliver'd Just in the same manner as if a man should so discours upon Aristotle's Astronomie or the opinion of Thales touching the Earth's floating like a Dish in the Sea and that of the Stoâ—cks of its encompassing the Earth like a Girdle with that of the Antients concerning an extreme heat under the Equinoctial and other opinions of that kinde which are rejected and condemned by the observation and experience of Posteritie that hee might seem not so much to search into the thing it self as to represent the person of the Autor thereby to trace out his meaning onely for the discovering of his opinion But as the root beeing cut the Tree fall's so the Autoritie of those antient Lawyers beeing removed out of the way all the determinations of the modern which are supported by it must bee extremely weakned Now therefore as to what hath been formerly alleged out of Fernandus Vosquius it is grounded upon such Arguments as are either manifestly fals or impertinent For what is this to the purpose That the Sea from the beginning of the world to this present day is and ever hath been in common without the least alteration as 't is generally known Whereas the quite contrarie is most certainly known to those who have had any insight into the received Laws and Customs of Ages and Nations That is to say that by most approved Law and Custom som Seas have passed into the Dominion and partrimonie both of Princes and private persons as is clearly made manifest out of what hath been alreadie shewn you Moreover also hee would have prescription to ceas betwixt Foreigners in relation to each other and not to take place in the Law of Nations but in the Civil onely so that by his Opinion prescription should bee of no force between those as between two supreme states or Princes who are not indifferently subject to the Civil Law which admit's prescription then which not any thing can bee said or imagined more absurd Almost all the principal points of the Intervenient Law of Nations beeing established by long consent of persons using them do depend upon prescription or antient Custom To say nothing of those Princes whose Territories were subject heretofore to the Roman Empire and who afterwards became absolute within themselvs not onely by Arms but also by prescription which is every where admitted among the Laws of Nations whence is it that Prisoners of war are not now made slaves among Christians unless it bee becaus that Custom began to grow out of date som Ages since upon a ground of Christian brotherhood and by prescription ratified betwixt Nations Whence is it that the ransoms of prisoners are to bee paid som to the Princes and som to the Persons that take them As for instance when the ransom is not above ten thousand Crowns it goe's to him that took the Prisoner when it exceed's it is to bee paid to the Prince Becaus saith Nicolaus Boërius if it exceed as when any one hath taken a Duke a Count a Baron or any other great man then it belong's to the Prince and so it is observed in the Kingdoms of France England and Spain It hath by prescription of time been observed among Princes and so it became Law And truly to deny a Title of prescription wholly among Princes is plainly to abrogate the very intervenient Laws of Nations As for those other things mentioned by Vasquius concerning Charitie and the inexhaustible abundance of the Sea whereby hee make's a difference betwixt Rivers and Seas and other things of the like nature they have no relation at all to the point of Dominion as you have been sufficiently told alreadie In the next place wee com to the other to wit Hugo Grotius a man of great learning and extraordinarie knowledg in things both Divine and Humane whose name is very frequent in the mouths of men every where to maintein a natural and perpetual Communitie of the Sea Hee hath handled that point in two Books in his Mare Liberum and in that excellent work De Jure Belli pacis As to what concern's Mare Liberum a Book that was written against the Portugals about trading into the Indies through the vast Atlantick and Southern Ocean it contein's indeed such things as have been delivered by antient Lawyers touching communitiâ— of the Sea Yea and disputing for the Profits and Interests of his Countrie hee draw's them into his own partie and so endeavor's to prove that the Sea is not capable of private Dominion But hee hath so warily couched this subject with other things that whether in this hee did hit or miss the rest howsoëver might serv to assert the point which hee was to handle Moreover hee discourseth about the Title of Discoverie and primarie occupation pretended to by the Portugals and that also which is by Donation from the Pope And hee seem's in a manner either somtimes to quit that natural and perpetual Communitie which many Civil Lawyers are eager to maintein and hee himself in order to his design endeavored to confirm or els to confess that it can hardly bee defended For concerning those Seas that were inclosed by the antient Romans the nature of the Sea saith hee differ's from the Shore in this that the Sea unless it bee in som small part of it self is not easily capable of Building or Inclosure And put case it were yet even this could hardly bee without the hindrance of common use Nevertheless if any small part of it may bee thus possessed it fall's to him that enter's upon it first by occupation Now the difference of a lesser and a greaâ—er part cannot take place I suppose in the determining of private Dominion But in express words hee except's even a Bay or Creek of the Sea And a little after saith hee Wee do not speak here of an Iâ—-land Sea which in som places being streightned with Land on every side exceed's not the breadth even of a River yet 't is clear that this was it the Roman Lawyers spake of when they set forth those notable determinations against private Avarice But the Question is concerning the Ocean which Antiquitie called immense Infinit the Parent or Original of things confining with the Aër And afterwards hee saith The Controversie is not about a streight or Creek in this Ocean nor of so much as is within view when one stand's upon the shore A little farther also speaking of Prescription hee saith It is to bee added that their Autoritie who are of the contrarie opinion cannot bee applied to this Question For they speak of the Mediterranean Sea wee of the Ocean They of a Creek or Bay wee of the broad and wide Sea which differ very much in the point of Occupation And certainly there is no man but must conceiv it a very difficult thing to possess the whole Ocean Though if it could bee held by occupation like a narrow Sea or a Creek or as
progress I may make during thy Reign Some late examples tell us since the Main The Saxon beeing tam'd is grown more sure And Britain from the conquer'd Picts secure The Protection of the Sea is in this place plainly conjoined with that of the Island The same Poët also to Manlius Theodorus the Consul saith Hispana tibi Germanáque Tethys Paruit nostro diducta Britannia mundo Spanish and German Seas both yield to thee And Britain sever'd from our world by Sea There was the same Dominion the same Victorie and the same Guardianship or Protection alwaies both of the British Tethys or Sea and the Isle it self For the German Tethys in this place is that part of the British Sea which flow's between Belgium Holland Frisland the Jutae and Britain A little before there hee set's forth the hair of Spain with leavs of the Palm-tree and her mantle imbroider'd with the River Tagus And Africa with ears of Corn and Ivorie after the same manner as it was stampt in the Coins of Antoninus Pius Both these are washed and almost encompassed by the Sea But the Poët then understood that the Dominion of the adjacent Sea belong'd to neither of them as it did to Britain But as the Palms and the River Tagus were peculiar to Spain as the ears of Corn and Ivorie to Africa so hee would have it understood that the Province of Britain had the Sea of the same name peculiar thereunto But yet it is to bee conceived that the Dominion of the Romans was so limited in this Sea according to their possession of the shore that they had little power in that part of the British Sea which border'd upon the shores of those British Nations who were not under their obedience This is to bee taken chiefly of the Irish Sea and the rest that lie's North-west For when the Romane Empire began to decline not onely Ireland but the Isle of Man also and the other Isles of the Western Sea and a great portion of the more Northerly part of Britain was possessed by the Scots and Picts so that wee have sufficient ground to conceiv that they also had an antient Dominion of their own in the neighboring Sea And so let this serv to have been spoken concerning the Empire or Dominion of the British Sea in the time of the Romans as that which by antient Right no less belong'd to the Isle and the Empire thereof then either a Wall or Suburbs unto a Citie Now wee pass on to the times of their Successors Touching the Dominion of the British Sea after that the Inhabitants had freed themselvs from the Romane power CHAP. IX WHen the Romane Empire was declining under the Emperors Theoâ—osâ—us the yonger and Honorius and Valentinian the third insomuch that they had not Forces sufficient to guard the Citie it self then the Britains freed themselvs wholly from their Power about CCCCLXXX years after the arrival of Julius Caesar or in the year of our Lord CCCCXXX That is to say as Zosimus write's They cast off the Roman Government and settled a Common weal after their own liking Then the Dominion of the Sea as well as of that part of the Isle which was possest before by the Romans returned unto the Natives In the mean time the Saxons inhabiting the shore over against us hanker'd after it who beeing a people extremely given to Piracie the Romans were wont to appoint an Officer to drive them away called the Count of the Saxon shore throughout Britain as hath been shewn at large alreadie Nevertheless beeing sent for by the Southern Britains destitute of all manner of succor from the Romans to assist them against the Scots and Picts they at length got the whole Power here into their own hands And so in that famous Heptarchie of theirs the Kingdom was ever accounted of in such a manner that even before the time of King Egbert it was under the Power of som one King which all the rest acknowledged as Supreme These were driven out by the Danes but questionless they both had a Dominion by Sea conjoined with that upon Land For it is not to bee imagined that they who were so accustomed to the Sea and to whom before that time pelle salum sulcare Britannum Ludus assuto glaucum mare findere lembo It was a sport to cut the British Main In Leathern Barks and plow the azure plain And whose Rowers or Mariners had you beheld you would have thought you had seen so many Arch-Pirats as Sidonius Apoâ—tinaris saith of the Saxons And who did not onely know but were familiarly acquainted with the dangers of the Sea The very same thing is to bee said of the Danes also and Normans for these names beeing promâ—scuously used do very often signifie the same Nation as is sufficiently attested by Regino Dudo the Monk of Malmsburie Abbo Gemiticensis and others It is not I say to bee imagined that these people having gotten possession either of the Isle or shore to which the Soveraigntie of the Sea did so neerly appertein should not in like manner have possessed the Sea also lying before it by right of Dominion Nor is it perhaps altogether unworthie to bee considered that these Saxons had so great so singular and admirable an acquaintance with the Sea and Sea-affairs that by an exquisite observation of the Tides and Ebbings of the Sea they were wont to reckon their months and years yea and to frame Computations of years thereby A thing not to bee parallel'd by any example And as the more antient Husbandmen used to reckon daies and hours by the time of yoking their Oxen and as most other Nations measured years and daies by the cours of the Sun and Moon as things most to bee regarded before others in the improvement and various use of those Lands that they possessed so these alone distinguished their yearly and monthly periods by the meer reciprocal motion of the Sea which they were so well acquainted with and by its various beating upon the shore in Ebbing and Flowing as that whereof special notice was to bee taken in that kinde of life Moreover as they say the Egyptians derived their skill in Geometrie from the measuring of their Fields after the Inundation of their River Nilus so it is not to bee doubted but that our Saxons derived this strange artifice never heard of in any other Countrie from a very frequent use and perpetual observation of the Sea Concerning which hee that would know more may peruse our venerable Bede first and after him Joseph Scaliger Dionysius Petavius and Olaus Wormius But that the whole Nation was very much accustomed to Sea-affairs and not onely those that border'd upon the Sea may bee collected from thence that otherwise it would hardly bee believed that the Nation it self could have kept an accompt of Times and Seasons by the various cours of the Sea For it could not possibly bee but that
such an accompt would have been either useless or too difficult for those that were not used to the Sea Yea without doubt it was no small caus of their calling the Saxons into the Island that they beeing most expert Sea-men might guard the Sea which having been newly deserted by the Roman Navie lay open at that time to the Invasions of Enemies on every side Thus much indeed seem's to bee signified by Ethelwerd an antient Writer speaking of their coming hither In those daies saith hee the Britains heard that the Saxon was a Nation active in Piracie or Navigation and strong in all kindes of Necessaries for warr throughout all the Sea-Coast from the River Rhine as far as the Citie Donia which is now commonly called Danemare To them therefore they sent Messengers with extraordinarie great Presents desiring aid promising them a peaceable intercours and amitie Thus they that were wont before to infest the British Sea are invited to its protection and amitie And truly that the Britains had a very special care at that time of the Sea-affairs and so of the Guardianship of their Sea appear's from thence that in the storie of Britain wee read concerning the most famous King Arthur and Prince Malgo that by many bloudie Battels they either added or recover'd six Comprovincial Isles of the Sea which are the very words of Geofferie of Monmouth that is to say Ireland and Shetland Gotland the Orcades Norwey and Dacia to their Dominion yea and Groenland and all the other Countries and Islands of the Eastern Sea as far as Russia and many other Islands beyond Scantia even to the farthest part of the North. And that which wee finde in Nennius the Scholar of Elvodugus is to bee understood of this time to wit that Cuneda the Grandfather of Magolcunus a Prince of the Southern Britains drave the Scots out of all the Countries and Islands of Britain Certainly for the effecting of this it was necessarie there should bee a very great strength in shipping for the guard and securitie of the neighboring Sea It is proved both from the very beginning of the Saxons Reign as also from their Forces and Victories by Sea that the English-Saxons and Danes who ruled the South-part of Britain had Dominion over the Sea CHAP. X. BEsides what hath been alreadie said of the Saxons during their Reign here there are also in antient Records divers other particulars which more plainly shew that both they and the Danes had Dominion over the Sea whilst they reigned in Britain Those particulars I divide into four parts The first respect's the Original of the most Potent Kingdom of the Saxons The second the Naval Forces and Victories of the following time The third the Tributes and Duties of fiduciarie Clients or Vassals belonging to the maintenance of the Navie Lastly several plain and most evident testimonies concerning the Soveraigntie of the English-Saxon Kings at that time over the Sea In the first beginning of the Reign of the English-Saxons I reckon both the coming of Octha and Ebissa invited hither by Vortigern upon the perswasion of Hengist as also the arrival of King AElla in Sussex Hee possessed himself of the Sea and the Southern shores they of the Northern Concerning the Naval Forces of Octha and Ebissa Nennius the Scholar of El. vodugus who usually passeth up and down also by the name of Gildas speak's thus They sailing about the Picts with fortie Vessels called Ciulae spoiled the Orcade's Islands and came and possessed very many Isles and Regions beyond Mare â—resicum meaning Bodotria or the Firth of Edinburgh which lie's between us and the Scots even as far as the Borders of the Picts And Hengist by degrees drew those Ciulae to himself so that they forsook the Isles which they inhabited It could hardly bee more plainly expressed that the Nation beeing accustomed to the Affairs of Navigation and Wars by Sea having thus gotten a great part of Britain did first secure that inseparable Appendant of the Island or the Sea having brought over a numerous Force for the accomplishment of this design As to what concern's AElla they write that hee with his sons Cissa and Cimenus and a Navie very well appointed with Militarie Forces arrived upon the shore of Sussex neer Witering Cimenshore so called heretofore from this Cimenus and that having driven away the Britains hee possessed the Sea-Coast and sending daily for new Aids out of Germanie hee at length enlarged his Kingdom along the Eastern shores as far as the River Humber and was the first of the English Saxons that attained here to so large a Dominion Also that his posteritie enjoied this Kingdom about LXX years But truly it could hardly bee that they who were eminently powerfull in shipping and had made so happie a Progress upon the shore should not in like manner bee Masters of the Sea it self especially seeing wee finde not the least testimonie that any others were at that time of any considerable strength in shipping upon this Coast. But as for the Naval Forces and Victories of the succeeding Kings both Danes and English-Saxons they are to bee seen every where in Joannes Asserius Bishop of Shirburn William the Monk of Malmsburie Henrie Arch-Deacon of Huntingdon Roger Hoveden Florentius of Worcester and Florilegus but especially in the Acts of K. Alfred Edward the elder Athelstan Edgar Ethelred and Harold And questionless long after the beginning of the Saxons Reign this Countrie flourisht not a little in shipping for the mainteining of the Soveraigntie of the Sea as may bee collected both from the Customs of the Nation alreadie mentioned and the frequent use of Navigation from which the Merchants that used to traffick on both the shores were prohibited upon the occasion of a difference that arose betwixt Charls of France afterwards Emperor and Oâ—â—a King of the Mercians among the English-Saxons to whom the rest were in subjection Yet a freedom thereof was restored not long after by an agreement of extraordinarie benefit and advantage to the English-Saxon as wee finde in Alcuinus and William of Malmsburie But before K. Alfred their power began to decreas by Sea and that especially in the time of K. Ethelwolph when the Danes or Normans infested not onely the shores but also almost the whole Island after a most grievous manner and seized upon most of the Isles by force which lie on the west of Britain And so all was exposed to the mercie of Pirats But after that Alfred was invested in the Kingdom the defence of the Sea was restored and its Dominion established concerning whom that Asserius Bishop of Shirburn his Tutor write's thus Hee gave command for the building of Boats and Gallies that is long ships through out the Kingdom that hee might prevent his enemies and fight them by Sea and putting Pirats aboard them hee charged them to guard the passages of th Sea And a little after Hee commanded
of the Abbie of Abingdon say of the same year 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King commanded that 21000 should bee paid to his Armie For so that Fleet is called every where in English Saxon which rode at Grenewich Here you see is no small difference in the number of pounds But howsoever if it bee to bee conceived of the yearly Tax or Tribute then it was far less this year then it is reckoned by those Monks who speak of thirtie eight thousand pounds Four years after in the Reign of King Canutus who was a Dane a far greater summe of Monie was raised for the maintenance of this Fleet. That Florentius whom wee have often cited saith In this year that is MXVIII Seventie two thousand pounds out of all England and one thousand and fiftie pounds out of London were paid to the Danish Fleet and there remained fourtie ships with K. Canutus But the rest were returned to Denmark Of which year Hoveden speak's thus Out of all England seventie two and out of London 410 pounds were paid to the Danish Armie or Fleet. And there remained c. They differ about the Summe not the Thing wherein they agree with the English-Saxon Chronicles before mentioned Yet these altogether speak contrarie to that accompt of the certain summes as it is set down by the aforesaid Monks But Matthew Paris and Matthew Westminster say of the same Time that Cnute sent home the Danish Fleet and Stipendarie Souldiers except fourtie ships as appear's by what hath been said alreadie having paid them out of all England eightie two thousand pounds in silver Also in the second year of King Hardeâ—nute a Tax was levied for the Danish Armie or Fleet amounting to 21000 pounds and 89 pounds as Huntingdon tell 's us All which particulars do I suppose sufficiently demonstrate that the Danish Tribute here mentioned was not fixed to any certain summe of yearly paiment and also that an huge summe of monie was wont to bee paid yearly at that time to the Kings of England for the Guard of the Sea for to what purpose els was that Fleet alwaies kept and so great Taxes levied every year for the maintenance thereof But in the Reign of King Henrie the second the name of Danegeld grew out of use Tributes or Taxes beeing usually paid still notwithstanding by other names that are very well known for the Guarding of the Sea as wee shall shew by and by But they are extremely mistaken even they who agree either with John Bramton the Abbot of Jorvaux or som other Autor out of whom hee wrote it or any others of that kinde in deriving the Original of that yearly Danegeld so often mentioned every where from the former kinde of Tribute which was paid to the Danes for the procuring of a peace and they also who would have the Warr to have been undertaken by the Danes and Saxons against the Britains becaus they denied them a freedom of Navigation and that the end thereof was that this Tribute was upon that accompt imposed upon the Nation when it was subdued Now as concerning the Duties of Fiduciarie Clients or Vassals wont to bee paid in that Age for Naval Expeditions and the Guard of the Sea wee have set them down among those particulars which were spoken of King Edgar in the former Chapter The Pettie Kings or Lords of the neighboring Isles were bound to him by Oath to bee readie at his command to serv him by Sea and Land And in that famous Breviarie or Register of England called Domesday conteining very many Customs in use among the English-Saxons besides the assessment of the Provinces and written in the time of William the first wee read thus It is a Custom at Warwick if the King went by Sea against his Enemies to send him either IV. Batsueins Sea-souldiers or Rowers or els IV. pounds in monie And at Excester when hee made any Expedition by Land or by Sea this Citie served after the rate of V Hides of Land Barnestaple Lydeford and Totenais served as far as that Citie That is these three Towns paid as much as Excester alone Moreover Clocester yielded XXXVI Dicres of Iron and C iron Rods fitted to make nails for the King's ships Leicester also if the King went against his Enemies by Sea sent him four horses from that Town to London to carrie Arms or other necessaries Concerning Lewes also a chief Town in Sussex there K. Edward the Confessor had CXXVII Burgers at his service Their Custom was if the King went not himself in person but sent others to guard the Sea then they collected XX Shillings of every man of what Countrie soëver hee were and provided men who were to look to the Arms on shipboard Here very express mention is made of the defence or Guardianship of the Sea it self And in Colchester an eminent Town of Essex wee finde it was the Custom of that Age to pay out of every hous six pence a year that was able to pay it for maintenance of the King's souldiers upon an Expedition by Land or Sea c. And this ought to bee the rate if the King shall entertain souldiers or make any Expedition All these particulars are in that Register And others there are in it of the same kinde But an Expedition by Sea signified in these testimonies not a Warr to bee undertaken for subduing the Dominions of their neighbors lands but most clearly a preparation and enterprise of Warr for the guarding scouring and keeping the Sea as a part of the Empire of Britain As it sufficiently appear's out of the Histories of that time For wee do not reade that our English-Saxons or Danes had any other quarrel at that time with any of their Neighbors whatsoëver unless it concerned either the British Islands or the Sea belonging thereunto Which also is especially to bee consider'd The Testimonies of Edgar and Canutus Kings of England with others expressly declaring the Dominion which they and their predecessors had over the Sea together with an observation touching the Nations which in that age were seated upon the opposite Shore CHAP. XII THat wee may at length set an end to that fourfold distribution which wee made of the Testimonies of that Age let us in the last place add the express determinations of King Edgar and Canutus concerning their own Dominion over the Sea As for Edgar the title which hee commonly used ran thus I Edgar Soveraign Lord of all Albion and of the Maritim or Insular Kings inhabiting round about So hee make's the bodie of the British Empire to comprehend all the Maritim Kingdoms that lay about that is to say all that are Situate in the British Sea And this hee more plainly declare's in the Charter or Deed by which hee setled revenues on the Cathedral Church of Worcester in the year DCCCCLXIV if so bee the copie were rightly rendred by those who many years since printed so
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
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
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
those Islands that lie before the shore of France For 't is generally known that after King John and Henrie the third were driven out of Normandie it self that the Isles Caesaria and Sarnia which wee call Jersey and Garnesey Aureney and som other Neighboring Isles lying near the shores of Normandie and Bretaign yea and situated within that Creek of Sea which is made by the shore of Bretaign on the one side and that of Normandie on the other have in the following Ages both now and heretofore remained in the Dominion of England But by the sentence passed against K. John as Duke of Normandie for the murther of his Nephew Arthur the French would have him deprived of all the Right hee had to Normandie And afterwards Henrie the third resigned his Right to Normandie But suppose wee grant what is commonly received that these Islands were of the Norman Jurisdiction or belonging to the Dutchie of Normandie yet truly even so they neither could bee taken away by the sentence nor did they fall to the French by Resignation forasmuch as the possession of the Sea and so of the Islands placed therein was still reteined after the same manner almost as manie Priories were in England it self who though they were belonging to the Norman Government in Church-matters yet even as they were of the Government of Normandie they ever remain'd under the Dominion of England as long as the Privileges of Monasteries were in force among the English as beeing situate within the undoubted bounds of the English Empire Nor is it easily understood wherefore the Islands could have been so reteined unless they also had been seated within the bounds of the English Empire in the Sea But the thing chiefly to bee consider'd here is that verie manie Foreign Nations as well as the Estates of England did in a Libel or Bill of Complaint publickly exhibited in the time of King Edward the First and King Philip the Fair before a Court of Delegates specially in that behalf by them appointed in express terms acknowledg that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein par raison du Roialme d' Angleterre upon the account of the Realm of England or as they were Kings of England Which truly is all one as in most express terms to ascribe this whole Sea unto them as far as the Shores or Ports lying over against us But concerning that Libel I shall add more by and by Nor is it to bee omitted that the addition of a Shore larger than that of Picardie to the Kingdom of France hapned first at that time wherein those Isles were so reteined by the English after they were outed of Normandie For before the Shores of Aquitain Bretaign and Normandie were in the possession of other Princes that of Aquitain and Normandie beeing possest by the English and that of Bretaign by the Duke or Earl of that Countrie So that the French King had neither any shore almost nor any considerable use of Sea-affairs at that time by which means also the English did with the more ease retain the aforesaid antient possession of the Sea and the Isles after they were deprived of the Norman Dutchie And this sufficiently appear's also by that Sea-Fight perform'd between the French Fleet commanded by Eustachius the Monk in the time of Philip Augustus King of France and the English Fleet under the Command of Philip de Albenie Governor of the aforesaid Islands and John Marshal who both carefully guarded the passages of the Sea in the beginning of the Reign of Henrie the Third That is to say a French Fleet of about 80 Sail was designed to transport Auxiliarie Forces out of France for Lewis afterwards the Eight of that name that was King of France who through the Treason of som Conspirators made War upon the English King in England This of the French was assailed by an English Fleet of 40 Sail. But Roger of Wendover and Matthew Paris tell us that part of the French who had not been used to Sea-Fight was in a short time wholly defeated Observ here they say that hitherto the French were not accustomed to Fights by Sea But of the English they say the English being warlick and skill'd in Sea-Fight galled them with Darts and Arrows ran them through with their Lances did execution with their Swords sank their Ships and them with Lime which they did by throwing the Powder of Lime into the Aër so it might bee driven by the winde into the French-men's eies They were deprived also of all hope of relief and succor and know not which way to slie The English at that time time beeing expert in Sea-Fight did by this means make good the possession of their Sea and the Isles also that are situate therein For even this Fight relate's to the second year of Henrie the Third or the year of our Lord MCCXVIII that is at the same time almost when the English were first deprived of Normandie But as to that which is commonly said that these Islands first belonged to the English Norman right or by the right of the Dutchie of Normandie it is as easily denied as affirmed by any Nor is there any weight in this Reason that becaus those Islands have and ever had certain Customs like the Norman therefore they do belong to Normandie For the Norman Customs are often used in England as the Roman are somtimes by other Nations yet everie man know's this can bee no ground for such an Argument Nor is it any more to the purpose that those Islands were within the Diocess of the Bishop of Constances in Normandie until that in our Grand-father's daies they became subject to the Bishop of Winchester Their Ecclesiastick Government was a long time derived out of Normandie with more convenience indeed becaus of the nearness of the place which began as it is to bee supposed in those daies when the English possessed the Shores on both sides But it doth not follow thence that those Islands belong'd to the Dutchie of Normandie any more then that the many Priories heretofore in England who were of foreign Jurisdiction in Ecclesiastical matters did therefore belong to the Dominion of foreign Princes and not to that of the English Kings as Kings of England That is every jot as weak also which they use to allege about the Norman Languages beeing in use among the Inhabitants of those Islands The people of Cornwâ—l in England have alwaies used the Welch Tongue at least with a little alteration in the Dialect as the Bretaigns do also in France In like manner the Inhabitants of the Isle of Man use the Irish Tongue yet no man will conclude thence either that this paie's obedience to the Kings of England as Lords or King of Ireland or that the other are subject to their Princes by any right of the Welch Principalitie Wee know indeed that
somtimes slight mention is made not onely in the proêms of som Charters of later times but also in several antient Petitions of the Islâ—nders that those Islands belong'd heretofore to the Dutchie of Normandie and upon that account were held by the Kings of England But yet wee know as well that those Provinces which in Antient time were derived by Inheritance to our Kings in France of which kinde truly these Islands are to bee reckon'd if they were held as parts of Normandie were alwaies permitted so to use their own Customs and antient Forms of Jurisdiction that they were not at all subject to the ordinarie Jurisdiction of the Courts of England The same privilege was ever allowed likewise to the people of Aquitain Anjou Normandie and others Yea and som Ages since the Kings of England were pleased to order that such Controversies as hapned there should not bee decided in any other place out of the Islands but in their own Courts of Judicature whereas notwithstanding it is most certain that in the Reigns of Edward the Second and Third times which without doubt made good search into that Right whereby those Islands were annexed to the Patrimonie of the Kings of England there were Justices Itinerant that is Officers created of old who were often by ordinarie right to take cognisance especially of the more heinous crimes through all the Counties of England also of such Rights and Privileges of the Crown as were usurp't and arrogated by any and of other matters for the most part that are usually brought into Courts of Justice who beeing sometimes also called Justitiae errantes Justices errant were wont to bee sent forth into those Islands as well as into the Counties of England though the Inhabitants did indeed exclaim and somtimes preferr'd their Petitions against this kinde of Jurisdiction But yet it is most certain that the opinion of those very Officers who were themselvs learned in the Law then was that those Commissions whereby they were so inabled to administer Justice in those Islands were not onely grounded upon Law which was the opinion also of those who ruled at that time in this Nation but also that the very Provinces of the Islands were so incorporated one with another as they are all with England throughout the extent of that Sea which lie's between after the manner of our English Custom in the Provinces or Countries that a Caus beeing somtimes inlarged they might appoint daies of Appearance to any Inhabitants of those Islands in the King's Bench in England as well as to the Inhabitants of any one of the Isles in the other after the same manner as is used within England it self Which appear's by the Commission of John de Scardeburgh and his Fellow-Justices in the time of Edward the Third and others of that Age. But it was never heard I suppose that upon such an inlargement a time of Appearance might by our Common Law bee appointed in any other place but that which is of the same Jurisdiction as conteined within the Patrimonie of the Crown whereto also that place belong's out of which any one is so adjourned Nor do I remember that any such thing was ever so much as attempted in those Provinces which were not reckoned in the Patrimonie of the English Empire yet possessed upon another Title by the King of England as the Dutchies of Anjou Normandie Aquitain and the like Moreover also in the more antient Charters of som of our Kings in confirmation of the Privileges of Islanders they are noted more than once for such Privileges as they or their Ancestors or Predecessors have enjoied under the obedience of any of our Progenitors beeing Kings of England Surely if it had been then believed that those Islands were a part of the Dutchie of Normandie it is not to bee doubted but they had added also or Dukes of Normandie which wee finde truly in som Charters of later time yet so that in these also those Isles are said in express terms and that upon verie good ground to bee retained in sealtie and obedience to our Crown of England But in the time of Edward the Third the Islanders petitioning the King in Parlament for their Privileges and Custom 's which had been established time out of minde annexed the Customs of som of the Islands among which are these Item that no man ought to bee questioned about his Freehold after hee hath quietly enjoied it a year and a day unless it bee by Writ taken out of the Chancerie of our Lord the King making special mention both of the Tenement it self and of the Tenant Item That they shall not bee put to Answer before the King's Justices of Assise until they first give them Copies of their Commissions of Assise under their Seals Item that the King's Justices assigned by Commission for the bolding of Assise ought not to hold Pleas here longer than the space of three weeks Truly these antient Customs seem so to reâ—â—sh as if those Islands had been subject to our Kings their ordinarie Jurisdiction by the right of English Empire not by the Norman although the Islanders insinuate also in the same Petitions that they were a part of the Neighboring Province of Normandie Add hereto also that the â—sle of Serk was granted by Queen Elisabeth to Herelie de Carteret to bee held in Capite by him and his heirs that is to say as a Feud belonging to the patrimonie of the Crown of England notwithstanding that it bee unawares or els carelesly admitted in the Charter of this Grant to bee within the Dutchie of Normandie But in the Treatie held at Chartres when Edward the third renounced his claim to Normandie and som other Countries of France that border'd upon the Sea it was added that no controversie should remain touching the Islands but that hee should hold all Islands whatsoëver which hee possessed at that time whether they lay before those Countries that â—ee held or others For reason required this to maintain the Dominion by Sea Yea both Jersey and Gernsey as also the Isles of Wight and Man are said in divers Treaties held betwixt the Kings of England and other Princes to belong unto the Kingdom of England and to lie near the Kingdom of England These Isles also were granted heretofore by King Henrie the fift to his brother John Duke of Bedford without any recognition to bee made unto Us or Our Heirs notwithstanding any Prerogative of the Crown for any other Tenure held of Us out of the said Islands which may in any wise belong unto the said Islands Castles or Dominions Which words seem not in the least measure to admit any Right of the Dutchie Perhaps also that antient custom was as a token or pledg of the Sea's Dominion beeing conjoin'd with that of the Isles whereby all the Fish as it is in the Records of Edward the third taken by the Fishermen of
Town and others who shall bee willing to com to the said Town for the benefit of Fishing to fish and make their own advantage with Ships anâ— Boats under thirtie Tuns without any let or impediment any Prohibitions or Commands of ours made to the contrarie in any wise notwithstanding as wee have said â—itness the King at the Tower of London August X Which was in the 11 th year of the Reign of Edward the Third or of our Lord MCCCXXXIX But if any heretofore undertook the protection of the Fisher-men in this Sea without leav of the English they were to bee seized and imprison'd as Invaders of the Right of Dominion and to expect to bee dealt with accordingly for the injurie don to the King of England This is evident also in the Records of our K. Edward the Fourth For hee erected a Triumvirate or invested three Persons with Naval Power whom the Records call Custodes Conductores Waftores Guardians Conductors and Waftors whose Office it was to protect and guard the Fisher-men upon the Coasts of Norfolk and Suffolk To the end therefore that the expences of the Guard might be defrayed by the Fisher-men and all others whatsoëver bee excluded from medling with this kinde of Guard or protection hee appointed four men by name Sir John Hemingham Knight William Hopton Edmund Yve and John â—ansfleet Esquires as well say the Records themselvs to over-see those Guardians Conductors and Waftors as to give notice to all Fishermen of what Countrie soêver they bee who shall desire to fish in the Parts aforesaid under the protection of the said N. N. that those Fisher-men and everie of them do contribute to all and all manner of Costs Charges and Expenses belonging to the same Guardians and Conductors in the time of fishing and charge all such Costs Charges and Expences according to a proportion and to levie and collect those Costs Charges and Expences out of this kinde of Fishings belonging to the Fisher-men aforesaid wheresoêver they may bee found As also to arrest and apprehend all others except the afore named who presume or attempt to becom Guardians Conductors or Wastors and to commit them to our next Gaol there to bee kept safely and securely till wee shall take order for their deliverie In the very same words almost to the same purpose wee finde divers Letters Patents of King Henrie the Seventh yea and of Richard the Third save that in the form hereof after those words charge all such Expences according to a proportion this considerable Claus here is inserted Although the same Fishermen whether any one or more of them may have had Letters of safe Conduct from any other King Prince or Governor of any Kingdom whatsoëver So that by the received and usual Custom the Charges of the Guard were to bee defraied by the Fisher-men of this Sea at the pleasure of our Kings though they might have had Letters of publick security and protection from any other Princes Nor were any other persons to bee admitted to a partnership in this kinde of Guard except those that were appointed by the King of England lest by this means perhaps it might derogate from the English Right Which is a manifest sign or evidence of the Dominion and Possession of the place The Dominion of England made evident from the laws and limits usually set by our Kings in the Sea to such Foreiners as were at enmitie with each other but in amitie with the English And concerning the King's Closets or Chambers in the Sea Also touching that singular privilege of perpetual truce or exemption from hostilitie in the Sea about those Isles which lie before the shore of Normandie CHAP. XXII Promontoriorum series Rumbi Leucae Ad the Sowter in Phoenicem S. S. E. 17â…“ Ad Whitby in Notapeliotem S. E. 12 Ad Flamborough head in Notapeliotem S. E. ½ versus Austrum 8 Ad the Sporne in Phoenicem S. S. E. versus Apeliotem 13â…“ Ad Cromar in Meleuâ—um S. E. and by E. 24â…“ Ad Minterton nes in Hypophoenicem S. E. and by S. 4. Ad Caster-nes in Phoenicem S. S. E. 21 13 Ad Layestof in Austrum S. 3¾ Ad East-nes in Austrum S. ½ versus Occidentem 1â…š Ad Orforth-nes in Mesolybonotum S. and by W. 6â…™ Ad North-foreland in Austrum S. â…“ versus Oâ—â—identem 15â…™ Ad South-foreland in Austrum S. 6â…“ Ad Dunge-nes in Notolybicum S. W. ¼ versus Austrum 7 Ad Beach in Africum W. S. W. ¼ versus Austrum 13 Ad Dune-noze in Africum W. S. W. ¾ versus Occidentem 24 â— â— Ad Portland in Hypafricum W. and by S. vers Austrum 161 12 Ad the Start in Africum M. S. M. â…• in Occidentem 18â…” Ad the Ramme in Occidentem M. ¼ versus Boream 6½ Ad the Dudman in Africum M. S. M. â…™ versus Occidentem 8½ Ad the Lizard in Africum M. S. M. â— â—â— versus Austrum 9 Ad the Landsend in Caurum M. N. M. versus Boream 7 Ad Milford in Boream N. â…” versus Orientem 31â…” Ad S. Davids head in Boream N. ½ versus Occidentem 5½ Ad Beardsie in Hypaquilonem N. and by E. â…› vers Orieâ—tâ—m 12â…™ Ad Holy head in Boream N. â…™ versus Occidentem 9 Ad Monam in Hypaquilonem N. and by E. â…• versus Boream 26 Here you see very large spaces of Sea intercepted somtimes for above ninetie Miles for three English miles here go to everie League whereby those Chambers or Sea-Closets are made But wee finde the management of that business concerning these Chambers at the time of the aforesaid Proclamation set forth after this manner in the subscription of the twelv men that were sworn and added to the aforesaid distances and courses of sailing Wee whose names are subscribed beeing called before the Right Honorable Sir Julius Caesar Knight Judg of his Majestie 's High Court of Admiraltie and there beeing inrolled admitted and sworn for the describing of the limits and bounds of the King's Chambers Havens or Ports in their full extent do by these presents make answer and to the best of our knowledg and understanding declare that the said Chambers Havens or Ports of his Majestie are the whole Sea-Coasts which are intercepted or cut off by a streight line drawn from one point to another about the Realm of England For the better understanding whereof wee have made a Table concerning that business whereto wee have annexed this our Schedule shewing therein how one Point stand's in a direct line towards another according to that Table Given the fourth day of March Anno Dom. 1604. and in the second year of the Reign of our Soveraign Lord King James c. And then in the Schedule there follow the names of the twelv men who were all persons of very great knowledg in naval or Maritim Affairs So the spaces within the streight lines drawn from one point to another are the Chambers or Ports of the King of England
who beeing Lord in like manner of all those parts of the Sea as farre as the opposite Shores or Ports whilst hee commanded a keeping of the peace within these Creeks or Closets did as Arbiter permit those that were in amitie with him but enemies among themselvs to make prize of one another in the rest of the Sea yet not without som qualifications or restrictions added concerning the use of the more open part of the Sea And truly the Spaniards alleged afterward that themselvs ought to bee protected from hostilitie also without these limits in the more open part of the Sea and that by virtue of the agreement of peace whereby the Kings of Spain and England were obliged to protect one another's subjects in all parts of their Kingdoms which is as much as to say that the rest of the Sea flowing between com's no less under the name of the Kingdom of England And this appear's also from the dispute held by their Advocate in England about the protection of the Territorie by Sea against the Hollanders who mightily exclaimed as hee saith that they should bee intercepted and staid by the King's Officer at Sea with the prize that they had taken from their enemies the Spaniards That it was an unjust violence that beeing disturbed and spoiled they ought to have reparation made them and to bee beard against those Spaniards who beeing prisoners were discharged with the goods that were taken But that the King of England might justly give the Spaniards protection against the Hollanders in the British Sea either within or without those limits hee plead's after this manner You see saith hee how fâ—r the Dominion of the King of England stretche's toward the South North and West The Northern Coasts of Britain having no Countries lying against them are washed by the main and open Sea And the Southern Coasts of Ireland are bounded upon Spain the Western upon the Indian Countries under the Dominion of Spain And so the Jurisdiction of our King by Sâ—â— is of a mightie vast exteâ—t Nor was it restrained or beâ—â—en'd by that subsequent Proclamation of the King the same above mentioned whereby certain limits were appointed beyond which the King declared the power of his Territorie should not bee extended in these Acts of hostilitie betwixt the Spaniards and Hollanders But it 's said that the Hollanders were intercepted by the Officer without these limits Also according to the Articles of Peace lately agreed on betwixt our King and the King of Spain they ought to protect one another's Subjects in all places throughout their Dominions â—nd therefore both ought to give protection throughout that immens Jurisdiction For there are limits founded upon right and there are limits by compact or agreement And an argument taken from the one doth not conclude against the other And here wee are to follow the limits of right concerning which certainly the articles of Peace and Agreement ought to bee understood Becaus the other Bounds beeing set afterward were not then in imagination But the autoritie of the Proclamation extend's not to things past Certain it is that Laws and Constitutions do give a Beeing to future businesses and are not to bee recalled unto things don and past Nor is this a Declaration of the King 's right therefore the more easily to bee admitted made in the Proclamation but a disposition and law wholly new For a Declaration induceth nothing new and changeth nothing But this Proclamation would change much seeing the power of the King's Territorie extend's it self much beyond those limits now constituted To this an Answer may bee given also which is acknowledged by all that a Declaration is of no force to another's prejudice which here might bee don to the ship that was intercepted for which right was sought according to common Custom and also according to the special agreement of the peace that those Princes should suffer no violence to bee don to one another's Subjects in their Territories And it is much more strong in respect of that express article of the Treatie for that it could not bee meet to take off from the full force of the Contract which would now bee lessen'd notwithstanding if it were granted that the Territorie is solessen'd within which onely our King might protect the Spaniards Moreover it hinder's not which is objected that these limits which are now expressed in the Proclamation were observed long before by long Custom in Controversies of this nature For to omit those most difficult things which are deliver'd in proving the Custom certainly the intent of our King in the Contract of peace seem's not to have had respect unto that Custom if any there hath been or also unto the Statute which is alleged here to bee antient For neither are those things common and understood by the other Prince in amitie nor perhaps by our King himself to wit matters of fact in his new Kingdom All which things I thought â—it to add here out of Albericus Gentilis becaus they belong not onely unto these Limits Creeks or Roial Chambers in the Sea but to the Dominion of the whole British Sea And truly Gentilis was ill understood by Joannes Gryphiander who discoursing at large concerning Sea-Affairs allegeth the place before-cited out of him in so brief a manner as if by that Proclamation of King James his Jurisdiction had been restrained simply to those limits The Jurisdiction of England sâ—iâ—h Gryphiander by Sea although it bee extended to the South North and West yet by a Proclamation of James the present King it is circumscribed by certain limits in the Sea Hee quote's Albericus Gentilis for his Autor But truly the King had no intent in that Proclamation that his Jurisdiction should bee circumscribed simply by those Limits but onely in relation to the acts of hostilitie at that time betwixt the Spaniards and Hollanders hee beeing Lord and Moderator of the British Sea for ever as well as his Predecessors which is sufficiently manifest out of the Proclamation it self out of Gentilis Nor indeed is it easily to bee conceived from whence that special and perpetual privilege of Truce or Freedom from hostilitie had its original which the inhabitants of Jersey Garnsey and the other â—sles lying before the shore of Normandie do enjoy even in this very Sea though war bee between the Neighbor-Nations round about unless it bee derived from this Sea-Dominion of the Kings of England Concerning that privilege Master Camden beeing well inform'd by antient Testimonies speak's after this manner in brief By an antient privilege of the Kings of England here is as it were a perpetual Truce and though a war bee on foot yet the French and others have a libertie to com hither to and again without danger and use Commerce securely But wee finde the same more at large in som Kings Patents expressed thus concerning Jersey that in time of war Merchants of all Nations
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
com the Hollanders should keep at least fourscore miles distance from the Coasts of Scotland And if by accident they were driven near through violence of weather they paid a certain Tribute at the Port of Aberdene before their return where there was a Castle built and fortified for this and other occasions and this was duly and really paid still by the Hollanders within the memorie of our Fathers until that by frequent dissentions at home this Tribute with very many other Rights and Commodities came to nothing partly through the negligence of Governors and partly through the boldness of the Hollanders So you see how limits were by agreement prescribed heretofore in this Sea to the Fishing of Foreiners But the more Northerly Sea which lie's against Scotland was for the most part in subjection heretofore to the Norwegians and Danes who were Lords of the Isles there So that the people of the Orcades speak the Gothish Language to this day Robertus de Monte tell 's us that hee who was called King of the Isles was possest of XXXII Islands in that Sea above four hundred and sixtie years ago paying such a Tribute to the King of Norway that at the succession of every new King the King of the Isles present's him ten marks in Gold and make's no other acknowledgment to him all his life long unless another King succeed again in Norway And Giraldus Cambrensis writing of these things saith that in the Northern Sea beyond Ulster and Galloway there are several Islands to wit the Orcades and Inchades or Leucades which som would have to bee the Hebrides and many other over most of which the Norwegians had Dominion and held them in subjection For although they lie much nearer to other Countries yet that Nation beeing more given to the Sea usually preferr's a Piratick kinde of life above any other So that all their Expeditions and Wars are performed by Sea Fight This hee wrote in the time of Henrie the second So that somtimes those Sea-Appendants of the Dominion of Britain in the Northern parts were invaded by Foreiners Hence also it is that Ordericus Vitalis speaking of Magnus the son of Olaus King of Norway saith hee had a great power in the Isles of the Sea which relate's unto the time of William the Second King of England The same Ordericus also saith that the Orcades Finland Island also and Groênland beyond which there is no other Countrie Northward and many other as far as Gothland are subject to the King of Norway and wealth is brought thither by shipping from all parts of the world So wee have here a clear description of the Dominion of the Norwegians heretofore as well in this neighboring Sea of Scotland as in the more open But in after time when as by agreement made between Alexander the third King of Scots and Magnus the fourth of Norwaie as also between Robert Bruce King of Scotland and Haquin of Norwaie it was concluded touching these Isles that they should bee annexed to the Scotish Dominion this could not bee don but there must bee a Cession also of that Sea-Dominion which bordered round upon the Coast of Norwaie Yet the Norwegian King possessed it for the most part and afterwards the Dane by an union of the two Kingdoms of Denmark and Norwaie until that Christiern the first King of Norwaie and Denmark upon the marriage of his daughter Margarite to James the third King of Scotland made an absolute Surrender of these Islands and in the year of our Lord MCDLXX transferr'd all his right both in the Isles of Orcades and Shetland and the rest lying in the hither part of the Northern Sea upon his Son in law and his Successors And as concerning this business I shall here set down the words of Joannes Ferrerius who was indeed Native of Piedmont but supplied with matter of Historie out of the Records of Scotland by Henrie Sainclair Bishop of Ross. Moreover in the Deucaledonian Sea toward the North-East there are the Isles of Orcades seated next to the Coast of Scotland whereof onely twentie eight are at this daie inhabited and above an hundred miles beyond the Orcades towards Norway are the Shetland Isles in number eighteen which are at this daie inhabited and in subjection to the King of Scotland concerning which there was a great quarrel in former Ages between the Scots and Danes yet the Dane kept possession All these Islands did Christiern King of Denmark peaceably surrender together with his daughter in marriage to James King of Scots until that either hee himself or his posteritie paid to the Scotish King or his Successors in lieu of her Dowrie the summe of fiftie thousand Rhenish Florens which were never discharged to this daie For so much I my self have seen and read in the Deeds of marriage betwixt Ladie Margarite daughter of the King of Denmark and James the third King of Scotland drawn up and fairly signed with the Seals of both Kingdoms Anno Dom. 1468. c. But afterwards when Ladie Margarite beeing Queen had been delivered of ber eldest son James Prince of Scotland the Danish King willing to congratulate his daughter's good deliverie did for ever surrender his right in the Islands of the Deucaledonian Sea to wit the Isles of Orcades Shecland and others which hee deliver'd in pledg with his daughter upon her marriage to the Scotish King I hear the deeds of this surrender are kept among the Records belonging to the Crown of Scotland And so at length those Isles and the Dominion of this Sea returned to the Kings of Scotland which they enjoy at this day The Kings of Scotland have a pledg of Dominion also in this Sea that is to say Tributes or Customs imposed upon Fisher-men for Fishing of which by the way you may read in their Acts of Parlament Touching that Right which belong's to the King of Great Britain in the main and open Sea of the North. And the Conclusion of the Work CHAP. XXXII COncerning that Neighboring Sea which is a Territorie belonging to the Scots I have spoken in the former Chapter But I must not omit to treat here of that Sea which stretcheth it self to a very large extent toward the North washing the Coasts of Friesland Island and other Isles also under the Dominion of the King of Denmark or of Norway For even this Sea also is asscribed by som to the King of Great Britain Albericus Gentilis applying that of Tacitus The Northern Coasts of Britain having no Land lying against them are washt by the main and open Sea you see saith hee how far the Dominion of the King of Great Britain extend's it self toward the South North and West As if almost all that which lay opposite to the Isles of Britain in the open Sea were within the Dominion of the King of Great Britain And concerning the Northern Sea also which reacheth there to parts unknown the very same
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
directions what Reply to return to this Answer of theirs which I represented to their Lordships yesterday to this effect That his Majestie found it strange that they having been so often required by your Lordship his Majesties Ambassador as from himself in their publick Assembly to send over Commissioners fully autorised to treat and conclude not onely of all differences grown between the Subjects of both States touching the Trade to the East-Indies and the Whale-Fishing and to regulate and settle a joint and an even Traffick in those Quarters but withall to take order for a more indifferent cours of determining other Questions growing between our Merchauts and them about their Draperies and the Tare And more especially to determine his Majesties Right for the sole Fishing upon all the Coasts of his Three Kingdoms into which they had of late times incroached farther than of Right they could And lastly for the reglement and reducing of their Coins to such a proportion and correspondence with those of his Majestie 's and other States that their Subjects might make no Advantage to transport our Monies by inhansing their valuation there All which they confessed your Lordship had instanced them for in his Majestie 's name that after all this attent on his Majestie 's part and so long deliberation on theirs they were com at last with a Proposition to speak onely to the two first points and instructed thereunto with bare Letters of Creance onely which his Majestie take's for an Imperious fashion of proceeding in them as if they were com hither to Treat of what themselvs pleased and to give Law to his Majestie in his own Kingdom and to propose and admit of nothing but what should tend meerly to their own ends To the second Whereas they would decline all debate of the Fishings upon his Majestie 's Coasts first by allegations of their late great losses and an Esmeute of their people who are all interessed in that Question and would bee like to break out into Jom combustion to the hazard of their State which hath lately scaped Naufrage and is not yet altogether calmed What is this but to rais an advantage to themselvs out of their disadvantage But afterwards they profess their lothness to call it into doubt or question claiming an immemorial possession seconded by the Law of Nations To which his Majestie will have them told that the Kings of Spain have sought leav to Fish there by Treatie from this Crown and that the King of France a nearer Neighbor to our Coasts than they to this day request 's leav for a few Vessels to Fish for Provision of his own houshold And that it appear's so much the more strange to his Majestie that they beeing a State of so late date should bee the first that would presume to question his Majestie 's antient Right so many hundred years inviolably possessed by his Progenitors and acknowledged by all other antient States and Princes That themselvs in their publick Letters of the last of June sent by your Lordship seemed then to confirm their immemorial possession as they tearm it with divers Treaties as are of the year 1550 and another between his Majestie 's Predecessors and Charls the fift as Prince of those Provinces and not by the Law of Nations To which their last Plea his Majestie would have them told that hee beeing an Islander-Prince is not ignorant of the Laws and Rights of his own Kingdoms nor doth exspect to bee taught the Laws of Nations by them nor their Grotius whose ill thriving might rather teach others to disavow his Positions And his honestie called in question by themselvs might render his Learning as much suspected to them as his person This his Majestie take's for an high point of his Soveraigntie and will not have it slighted over in any fashion whatsoëver Thus I have particulated unto you the manner of our proceeding with them Let them advise to seek leav from his Majestie and to achnowledg him his Right as other Princes have don and do or it may well com to pass that they that will needs bear all the world before them by their Mare Liberum may soon com to have neither Terram Solum nor Rempublican liberam And in a Letter of the said Ambassador Carlton to Secretarie Naunton of the 30 of December 1618 from the Hague wee finde this Return touching the business of Fisherie WHether the final resolution here will bee according to his Majestie 's desire in that point concerning the Fishing upon the Coasts of his three Kingdoms I cannot say And by somwhat which fell from the Prince of Orange by way of Discours when hee took leav of mee on Monday last at his departure I suspect it will not in regard the Magistrates of these Towns of Holland beeing newly placed and yet scarce fast in their seats who do autorise the Deputies which com hither to the Assembly of the States in all things they are to Treat and resolv will not adventure for fear of the people to determine of a Business on which the livelihood of fiftie thousand of the Inhabitants of this one single Province doth depend I told the Prince that howsâ—ëver his Majestie both in honor of his Crown and Person and Interest of his Kingdoms neither could nor would any longer desist from having his Right acknowledged by this State as well as by all other Princes and Commonweals especially finding the same openly oppugned both by their States-men and men of war as the writings of Grotius and the taking of John Brown the last year may testifie yet this acknowledgment of a Right and a Due was no exclusion of Grace and Favor and that the people of this Countrie paying that small Tribute upon every one of their Busses which is not so much as disputed by any other Nation whatsoëver such was his Majestie 's well-wishing to this State that I presumed of his permission to suffer them to continue their cours of Fishing which they might use thereby with more Freedom and less apprehension of molestation and let than before and likewise spare the Cost of som of their Men of War which they yearly send out to maintein that by force which they may have of courtesie The Prince answer'd that for himself at his return from Utrecht hee would do his best endeavor to procure his Majestie contentment but hee doubted the Hollanders would apprehend the same effect in their paiment for Fishing as they found in the passage of the Sound where at first an easie matter was demanded by the King of Denmark but now more exacted than they can possibly bear And touching their Men of War hee said they must still bee at the same charge with them becaus of the Pirats Withal hee cast out a question to mee whether this freedom of Fishing might not bee redeemed with a Summe of monie To which I answered it was a matter of Roialtie more than of Utilitie though Princes were not
of so great consequence have thought it necessarie by the advice of Our Privie Council to renew the aforesaid restraint of Fishing upon Our aforesaid Coasts and Seas without Licence first obtained from Us and by these presents to make publick Declaration that Our resolution is at times convenient to keep such a competent strength of Shipping upon Our Seas as may by God's blessing bee sufficient both to hinder such further encroachments upon Our Regalities and assist and protect those Our good Friends and Allies who shall henceforth by virtue of Our Licences to bee first obtained endeavor to take the benefit of fishing upon Our Coasts and Seas in the places accustomed Given at Our Palace of VVestminster the tenth day of May in the twelfth year of Our Reign of England Scotland France and Ireland This Proclamation beeing set forth in the year 1636. served to speak the intent of those naval preparations made before in the year 1635. which were so numerous and well-provided that our Netherland-Neighbors beeing touched with the apprehension of som great design in hand for the Interest of England by Sea and of the guilt that lay upon their own Consciences for their bold Encroachments soon betrayed their Jealousies and Fears and in them a sens of their offences before ever the Proclamation was made publick As I might shew at large if it were requisite by certain Papers of a publick Character yet in beeing But there is one Instar omnium which may serv in stead of all and it is an acute Letter of Secretarie Coke's that was written to Sir William Boswel the King 's Resident then at the Hague the Original whereof is still reserved among the publick Papers In which Letter hee set's forth the Grounds and Reasons of preparing that gallant Navie with the King's resolution to maintain the Right derived from his Ancestors in the Dominion of the Seas and therefore I here render a true Copie of it so far as concern's this business as most pertinent to our purpose SIR BY your Letters and otherwise I perceiv many jealousies and discourses are raised upon the preparations of his Majestie 's Fleet which is now in such forwardness that wee doubt not but within this Month it will appear at Sea It is therefore expedient both for your satisfaction and direction to inform you particularly what was the occasion and what is his Majestie 's intention in this work First wee hold it a principle not to bee denied That the King of Great Britain is a Monarch at Land and Sea to the full extent of his Dominions and that it concerneth him as much to maintain his Soveraigntie in all the British Seas as within his three Kingdoms becaus without that these cannot bee kept safe nor hee preserv his honor and due respect with other Nations But commanding the Seas hee may caus his Neighbors and all Countries to stand upon their guard whensoever hee think's fit And this cannot bee doubted that whosoëver will encroach upon him by Sea will do it by Land also when they see their time To such presumption Mare liberum gave the first warning piece which must bee answered with a defence of Mare Clausum not so much by Discourses as by the lowder Language of a powerful Navie to bee better understood when overstrained patience seeth no hope of preserving her Right by other means The Degrees by which his Majestie 's Dominion at Sea hath of later years been first impeached and then questioned are as considerable as notorious First to cherish and as it were to nurs up our unthankful neighbors Wee gave them leav to gather wealth and strength upon our Coasts in our Ports by our Trade and by our People Then they were glad to invite our Merchant's Residence with what privileges they would desire Then they offered to us even the Soveraigntie of their Estates and then they sued for Licence to fish upon the Coasts and obtained it under the Great Seal of Scotland which now they suppress And when thus by leav or by connivence they had possessed themselvs of our Fishings not onely in Scotland but in Ireland and England and by our staple had raised a great stock of Trade by these means they so encreased their shipping and power at Sea that now they endure not to bee kept at any distance Nay they are grown to that confidence to keep guards upon our Seas and then to project an Office and Companie of Assurance for the advancement of Trade and withal prohibit us free commerce even within our Seas and take our ships and goods if wee conform not to their Placarts What insolencies and cruelties they have committed against us heretofore in Ireland in Groâ—nland and in the Indies is too well known to all the world In all which though our sufferings and their wrong may seem forgotten yet the great interest of his Majestie 's honor is still the same and will refresh their Memories as there shall bee caus For though charitie must remit wrongs don to private men yet the reflection upon the publick may make it a greater charitie to do Justice on crying crimes All this notwithstanding you are not to conceiv that the work of this Fleet is either revenge or execution of Justice for these great offences past but chiefly for the future to stop the violent current of that presumption whereby the Men of War and Free-booters of all Nations abusing the favor of his Majestie 's peaceable and gratious Government whereby hee hath permitted all his Friends and Allies to make use of his Seas and Ports in a reasonable and free manner and according to his Treaties have taken upon them the boldness not onely to com confidently at all times into all his Ports and Rivers but to conveie their Merchant's ships as high as his chief Citie and then to cast Anchor close upon his Magazins and to contemn the commands of his Officers when they required a farther distance But which is more intolerable have assaulted and taken one another within his Majestie 's Chamber and within his Rivers to the scorn and contempt of his Dominion and Power and this beeing of late years an ordinarie practice which wee have endeavored in vain to reform by the waies of Justice and Treaties the world I think will now bee satisfied that wee have reason to look about us And no wise man will doubt that it is high time to put our selvs in this Equipage upon the Seas and not to suffer that Stage of action to bee taken from us for want of our appearance So you see the general ground upon which our Counsels stand In particular you may take notice and publish as caus require's That his Majestie by this Fleet intendeth not a Rupture with any Prince or State nor to infringe any point of his Treaties but resolveth to continue and maintein that happie peace wherewith God hath blessed his Kingdom and to which all his Actions and Negotiations have hitherto tended as
places Herrings are every daies meat Winter and Summer as well to draw on drink as to satisfie hunger and in most places the greatest part of the year they bee scarce to bee had for presently after Michaëlmas the Sound and Rivers are frozen up so as no Herrings can bee transported into twentie several Kingdoms and free States until July which is for thirtie weeks space together so that when Lent com's there are few to bee bought for monie Lastly since by care and industry wee gained from the Flemmings doubtless so by the means wee may as easily grow expert in the Art of Fishing and in time make it a staple commoditie of our own But this wee shall the better and sooner do if wee consider and endeavor to reform certain wants and abuses which hitherto have hindred us from effecting that good and great work whereof these that follow are none of the least 1. General libertie of eating flesh contrarie to old custom and the Statute-Laws provided for observing Fish-daies from whence our scarcitie and dearth of Fish proceedeth for where Flesh is ordinarily spent Fish will not bee bought and want of sale decaieth all Trade gain beeing the Nurs of Industrie 2. Want of order and discretion in our Fishing every man beeing left to himself and permitted to Fish as best liketh him whereas amongst the Hollanders two of the best experienced Fisher-men are appointed to guide the rest of the Fleet all others beeing bound to follow them and to cast their lines according to their direction 3. The Hollanders and other Nations set forth with their Busses in June to finde the shole of Fish and having found it dwell amongst it till November whereas wee stay till the Herring com home to our rode-steads and somtimes suffer them to pass by ere wee look out our Herring-Fishing conteining onely seven weeks at the most and their 's twentie 4. The Hollander's Busses are great and strong and able to brook foul weather whereas our Cobles Crayers and Boats beeing small and thin sided are easily swallowed by a rough Sea not daring to adventure far in fair weather by reason of their weakness for fear of storms 5. The Hollanders are industrious and no sooner are discharged of their lading but presently put forth for more and seek for Markets abroad as well as at home whereas our English after they have been once at Sea do commonly never return again until all the monie taken for their fish bee spent and they in debt seeking onely to serv the next Market 6. The Hollanders have certain Merchants who during the Herring-season do onely com to the places where the Busses arrive and joining together in several companies do presently agree for the lading of thirtie or fortie Busses at once and so beeing discharged they may speedily return to their former shipping whereas our Fisher-men are uncertain of their Chap-men and forced to spend much time in putting off their Fish by parcels These and other defects would carefully bee taken into consideration and certain orders made to make our Fishing prosperous and successful especially considering the fearful mischiefs the neglect hereof hath brought to the King and Kingdom in general and to many good Towns and Corporations in particular as by autoritie even of Parlament it self in the Statute of 33 Hen. the eight is plainly testified which I have summarily here set down to avoid the prolixitie of the original Becaus the English Fisher-men dwelling on the Sea-Coasts did leav off their Trade of Fishing in our Seas and went the half-Seas over and there upon the Seas did buie Fish of Pickards Flemmings Normans and Zelanders by reason whereof many incommodities did grow to the Realm viz. the decaie of the wealth and prosperitie as well of the Cinque-Ports and Members of the same as of other Coast-Towns by the Sea-side which were builded and inhabited by great multitudes of people by reason of using and exercising the craft and feat of Fishing Secondly the decaie of a great number of Boats and Ships And thirdly the decaie of many good Mariners both able in bodie by their diligence labor and continual exercise of Fishing and expert by reason thereof in the knowledg of the Sea-Coasts as well within this Realm as in other parts beyond the Seas It was therefore enacted that no manner of persons English Denizens or strangers at that time or any time after dwelling in England should buie anie Fish of any strangers in the said Ports of Flanders Zealand Picardie France or upon the Sea between shore and shore c. This act by many continuances was continued from Parlament to Parlament until the first of Queen Marie and from thence to the end of the next Parlament and then expired For conclusion seeing by that which hath formerly been declared it evidently appeareth that the Kings of England by immemorable prescription continual usage and possession the acknowledgment of all our Neighbor-States and the Municipal Laws of the Kingdom have ever held the Soveraign Lordship of the Seas of England and that unto his Majestie by reason of his Soveraigntie the supreme command and Jurisdiction over the passage and Fishing in the same rightfully apperteineth considering also the natural site of those our Seas that interpose themselvs between the great Northern Commerce of that of the whole world and that of the East West and Southern Climates and withal the infinite commodities that by Fishing in the same is daily made It cannot bee doubted but his Majestie by means of his own excellent wisdom and virtue and by the industrie of his faithful subjects and people may easily without injustice to any Prince or person whatsoever bee made the greatest Monarch for Command and Wealth and his people the most opulent and flourishing Nation of any other in the world And this the rather for that his Majestie is now absolute Commander of the British Isle and hath also enlarged his Dominions over a great part of the Western Indies by means of which extent of Empire crossing in a manner the whole Ocean the Trade and persons of all Nations removing from one part of the world to the other must of necessitie first or last com within compass of his power and jurisdiction And therefore the Soveraigntie of our Seas beeing the most precious Jewel of his Majestie 's Crown and next under God the principal means of our Wealth and Safetie all true English hearts and hands are bound by all possible means and diligence to preserv and maintain the same even with the uttermost hazzard of their lives their goods and fortunes Thus you see what wondrous advantages may redound to the Felicitie and Glorie of this Nation if God give hearts and resolutions to vindicate those rights which are now most impiously and injuriously invaded And so much for what concern's England Now that I may reflect a little upon the point of Sea-Dominion in general to shew how far it hath been asserted and mainteined by
such impediments as either by Pirates or Potentates as well of Italie as of the opposite shore at divers times have been raised And for the clearing of such doubts as might arise by the subtil construction of words hee added that although those who took upon them to speak in the strict terms of the Law were wont to say that such things onely were gained by Custom which by the Civil Law beeing to bee common were notwithstanding converted to a private benefit yet without any impeachment of the publick profit as to fish in a River without impeachment of Navigation yet for all that the Title of Custom cannot bee unproperly given where there shall bee gained and continually kept in possession and Dominion a quantitie either of Sea or Land abandoned and of no man possessed as Bartholus Baldus Castro and others do affirm And although that by title of Prescription a thing cannot possible bee said to bee possessed unless by the occupation of it another bee thereof spoiled and dispossessed which title come's not in this place forasmuch as the Republick hath not spoiled any of the possession of the Sea but hath seized upon it finding it abandoned without Patron or Possessor notwithstanding in som sort it may bee called Prescription as if a Falcon were let flie and cast off by its master and thereupon growing wilde should after bee taken up by another and by him mann'd and for a long time fed although not properly yet not absurdly it may bee said that this second master hath it by Prescription Likewise to speak in terms of Law the proprietie of speech doth not admit the use of this word Servitude unless to the proper Territorie of a State there bee gotten som power over another State and yet that State remain's Patron of its own notwithstanding in this sens the Republick hath not brought the Sea in servitude to the Citie of Venice becaus it hath not gotten any special use or command over it the Dominion for all that remaining to another Patron but hath assumed the total and intire Dominion thereof which was before abandoned neither by any governed or protected nevertheless it may in a certain proportion bee called Servitude inasmuch as the Republick hath been constrained to assume the total Dominion and Government thereof for the service of the Citie of Venice whereof it had necessarie use Now as touching the Privilege of keeping this Sea and who was the Donor this neither can here have any place forasmuch as at the time of the assumption of it there was not any who could make any grant thereof the Emperor of the VVest never having any Power or Autoritie over it and as little superioritie or jurisdiction had any other western Prince and therefore could so much the less give it to another The Emperor of the East not having force sufficient to keep it had long since abandoned it and beeing thereupon divested of all the Power hee had over it and of the Possession thereof never made any grant thereof in the successive Peace and Treaties which happened afterwards betwixt the said Empire and the Republick Notwithstanding all which the Italian Lawyers as Professors of the Cesarean Law sworn to the very words of it beeing besides most devoted to his Imperial Majestie as if at this present day Augustus or Antoninus did reign do force themselvs with all extortion to verifie upon the western Emperor that saying Imperator est Dominus Mundi The Emperor is Lord of the world VVhich at that very time when it was first pronounced was not true in the hundred part of the world and at this present not in any considerable proportion And whilest they would honor the Emperor and give him with such words as these that which hee neither hath nor can have they consider not the absurditie of the speech as if they should say that no King possessed any estate lawfully unless it were granted him by the Emperor which is as true as when they affirm that the Venetians possess the Adriatick Sea by an Imperial privilege But it appear's clear enough in what sens this is spoken by them becaus there is none of them do intend thereby that there was ever any such Grant made thereof by the Emperor but by that they do figuratively intend a privilege assumed by immemorable possession which possession they interpret to bee with the knowledg and sufferance of the Emperor which is as much as if they should say that Christian Kings possess their Kingdom and the Republick possesseth the Adriatick Sea as lawfully by their title of acquiring it as if those Kingdoms and that Sea had belonged to the Emperor and from and by him to those Princes and to the Republick afterwards granted So spaciously did Chizzola dilate in speaking of the opinion of the Lawyers it beeing the field of his profession hee concluded that any one might rest satisfied as well in truth as in reason that by the Autoritie of the said Doctors there were sure foundations laid to the caus which hee did defend After the testimonie of the Lawyers hee added that of the Historians who do relate that the Republick for more then 300 years past did receiv Custom of such as sailed that Sea and kept armed vessels in a readiness for to compel all such Ships so sailing to go to Venice testifying moreover that even unto their present time the same Custom was observed But upon their attestations hee dwelled not much saying that though they were good Testimonies of preceding occurrences yet when one goeth about to prove the interests of Princes or of private persons hee ought to help himself by authentick writings and to use the Historians with great discretion som of them beeing moved by love others with hatred and others with hope of preferment which constrain's them oftentimes to use flatterie or Hyperboles upon which cannot bee laid any sure foundation Wherefore hee produced an act of the general Council of Lions anno 1274 where the Abbot of Nervesa beeing delegated by the Pope upon a pretension of those of Ancona to have free Navigation upon the Adriatick Sea sentenced that the demand should bee rejected and that the Venetians should not bee molested in the defens and protection thereof from the Sarazens and Pirates neither should bee disturbed from exacting thereupon their Rights and Customs which they had of victuals merchandise and other portable Commodities Chizzola likewise added that it is clean out of memorie when first of all there was created in Venice a Captain of the Gulf becaus in the year 1230 the Chancerie was burned with the memorials of all such elections but from that time to this present hee could shew out of the publick Registers the continual succession of the said elected Captains without any interruption Likewise hee added moreover that there remain the Registers from that time to this of the Licenses granted to pass the said Sea with armed vessels or ships of war and to
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
Kingdom the ground whereof is this becaus the Universal right of all those things which were common either by the Law of nature or Nations is transferred into his Dominion And other passages hee hath much to the same purpose as also Stephanus Paschasius Ludovicus Servinus somtime Sollicitor general for the King Popellinerius and others If they speak of the Sea of Maâ—seille or Narbon wee shall not oppose them But as to what concern's the bodie of the Sea which lie's Northward or Westward of the French or that flow's between France and the Islands of great Britain for that which lie's Westward from them upon that crooked Shore or the gulf of Aquitaine doth indeed flow between the more Westerly Coasts of our British Isles and of France as well as that which lie's Northward from them flow's between England and Normandie they neither produce any Testimonies of Antiquitie nor indeed can they if they would Unless you will have that admitted which hath been cited out of Caesar concerning the Veneti of Aremoriça and that which wee said before of the Sea bordering upon that shore Both which indeed do rather import som service called heretofore Nobilitates super navibus then any kinde of Dominion But the soveraigntie of this Sea which flow's between them and us became absolutely appropriate to the Kings of England as wee shall make it appear in the next Book And the truth is if wee look upon the Customs most in use among the French or the Civil Law of that Nation there is nothing in it that derogate's from the antient communitie of the Sea but as to them it remaine's as yet not possessed but common to all men and therefore not to bee reckoned among the Revenues or Patrimonie of their Kings if so bee credit may bee given to that Treatise lately published of the Civil Romane and French Law by Thomas Cormerius Counsellor to Francis Duke of Anjou in his Parlament of Alençon The matter that it pretend's to treat of is the Romane Gallick Law There are in it the Customs of France decrees of Princes and Privileges often â—ntermingled But under the Title of things common â—o all hee make's the Sea and Shores common to all according to the antient Law of the Romanes as if in this matter it did exactly agree with the Law of France which certainly is an argument that the French have no Dominion over the Sea Nor must wee let it pass that somwhile since there were two Constitutions pretended to in France one of Henrie the Second the other of Henrie the Third wherein they required that the Ships of Forraigners which sailed through the Sea bordering upon France should strike their top-sail forsooth in acknowledgment of that Dominion the French had over the Sea But neither of them were autorized or as they speak simply verified by the Estates in Parlament yea nor so much as admitted into Custom Nay the later of them was plainly rejected as to any effect in Law And this the French Lawyers themselvs confess in a notable case between som Merchants of Hamburgh that were Plaintiffs and Michaël Butardus and others Defendants in a Parlament held at Tours in the time of Henry the Fourth But that cerimonie hath by most ancient right and custom been observed and paid to the ships of the Kings of England out of respect and in acknowledgement of their Dominion as is shewn in the following Book where wee treat of this particular more at large I know very well it was ordained by an Edict of the French King that one third part of all goods recovered out of the Sea should belong to the King another to the Admiral and the remainder to the Sea-men that found them And that the French do reckon very many Commanders in Chief at Sea or Admirals in a line somtime continued and somtime interrupted which for the most part they begin from the time of Philip the son of St. Lewis that is from the year MCCLXXXIV as is to be seen in Joannes Feronius Stephanus Paschasius and others But that division of goods recovered out of the Sea beeing simply considered doth prove any Dominion over the Sea no more then the Tenths of any Prizes taken from an Enemie at Sea which by the grant of the King also were allotted to the Admiral of the Navie Rights of this nature are grounded upon the consent of persons to wit subjects transferr'd unto the King not upon any title of Dominion whereby any Pretence may bee made to an acquiring of the Sea it self and they are paid no otherwise then Imposts or Customs in the importation or exportation of Merchandise But no man I suppose will imagin that from such Imposts or Customs upon Merchandise any proof may bee made of a Dominion over those passages through which the Merchants sail before they arrive Neither indeed was there any such custom as this in use among the French before the time of Francis the first that is to say plainly not beeing Lord of the Sea hee desired to bee and was made a Sharer of those goods which should bee drawn by his subjects out of any Sea whatsoëver Whereas the King of Great Britain by virtue of his Dominion over the Sea is wont to take as his own whatsoëver is left or lost in the sea besides other emoluments of the like nature and that by so ancient a right as for ought wee know bear 's a date no less ancient then the Kingdom it self And as for those Admirals of France they were no other then Chief Commanders of Navies and Persons and of the Forces by sea and Judicatories at home but not qualified as Presidents of a Sea-Province or Territorie as the Custodes ipsius Maris the Guardians of the sea among the English and the Admirals of England But more of this in the Second Book Nevertheless from what hath been alleged concerning the Customs Opinions or Constitutions among the French I suppose it sufficiently appear's that they do also acknowledg that private Dominion over the sea is not repugnant to the Law either of Nature or Nations which serve 's fully for the clearing of the point in question The private Dominion of the Sea according to the received Customs of the Danes the People of Norway the Swedes Polanders and Turks CHAP. XIX WEE finde clear Testimonies in the Customs of other Nations also of Europe touching private Dominion of the sea as the Danes the people of Norway the Polanders to whom may bee added also the Turks Wee have observed by the Tolls or Customs of Denmark and Norway what Revenue the King of Denmark raiseth out of the very Navigation of the Baltick Sea as is commonly known and what is paid out of the Roialtie of the Norwegian sea to the King of Norway who at this time is also King of Denmark For in the year MDLXXXIII Frederick the second King of Denmark and Norway made a
Sea for their respective Kingdoms and Territories Thus Canutus was King of the Kings of that Sea which hee himself also sufficiently declares when hee expressly affirms in what was before related that the Sea it self was under his Dominion And so much for testimonies to prove that the British Sea hath been possessed not onely by the Britains after they had cast off the Roman yoke but also by the English-Saxon and Danish Kings Moreover it seem's they did use to take a kinde of cours for the strengthning and preservation of their Dominion both by Sea and Land as the antient Germans of whom both Danes and Saxons are a part were wont to do for the defence of their midland Cities Among them saith Caesar it was the highest glory to make very large depopulations and lay all the Countrie round about them waste measuring their honor by their distance from any neighbor and accounting it the onely token of valor when none durst plant themselvs within their reach and besides they thought by this means to render themselvs more secure by removing the fear of any sudden incursion So it hath been the manner of those that at any time have made themselvs Masters of the Kingdom of Britain to extend their Dominion in the circumambient Sea to the largest Circuit scouring the Seas about and keeping other Nations at a distance as it were from the Wall or Precinct of the Island Nor were those German Cities more Masters of that waste part of the Countrie that lay about them then the King 's of Britain were over the Sea of the same name But as wee observed before of the Scots and Picts in the time of the Romans so here also it is to bee noted of the Norwegians or Normans for many times they are to bee taken for one and the same people and other Northern Nations That those British Isles which are situated in the West and Northern Sea were somtimes so possessed by the Scots and Picts as also by the Norwegians and such others as infested the Northern Sea and invaded the Isles lying between them and Britain that it is not to bee doubted but they also according to the various alteration of their Dominions by Land succeeded one another for that interval of time in the possession of a proportionable part of the Sea also as an Appendant to every one of the shores of Britain The Scots saith an unknown Autor speaking of the year DCCCXLVI for many years became Tributaries to the Normans who without any resistance entred and settled themselvs in the Isles lying round about And as touching the Naval affairs of the Normans in our Sea there are many passages to bee seen in Regino the Abbat Aimoinus and other Writers of that Age. But in the mean time it is sufficiently manifest that as by reason of the tumultuarie unsetled posture of affairs in those daies the Dominion of the Island it self was very often tossed to and fro so also the Dominion of the Sea was in like manner attempted disturbed invaded recovered and defended as that which did inseparably follow the Dominion and Soveraigntie of the Island Wee are not ignorant that in the French Histories there are now and then som passages that speak of their Naval power in this Age which are collected by Popelinerius But there is nothing to bee gathered from them that may set forth the least sign or shadow of a Soveraigntie or Dominion over the Sea Very few indeed are to bee found and such as either concern onely the defending the mouths of their Rivers against the Normans and Danes then roving up and down our Sea or the subduing of the Friezlanders and som of the Neighbor-Nations Whereunto also som other passages relate which wee shall mention by and by when wee com to speak of the Admirals of France Several Testimonies concerning the Sea-Dominion of the Kings of England since the Norman Conquest set forth in General Heads CHAP. XIII FOllowing the Order and Method of our Enquirie in the next place wee treat of the Sea-Dominion of the Britains since the coming of the Normans into England And in the first place our Discours shall bee of the Dominion of the English Sea or that which flow's between England and the opposite shores or Havens of the Neighbor-Nations Now whereas it is confessed on all hands that all Dominion is chiefly founded upon just possession or occupation and its continuance and that possession is not supposed to bee had by the act either of the minde or bodie singly and apart as Paulus long since hath well determined but is most firmly gotten and retained by the joint concurrence of minde and bodie whereupon it is distinguished into Civil that is where there is a right or title by Law and Natural or Corporal and it is requisite that this Dominion receiv a signal confirmation by a long continued assent a free and publick confession or acknowledgment of such neighbors whom it most concern's First then as concerning the Corporal or Natural possession of this Sea as well as that which is Civil or by Law and is retained by the act of the minde wee shall give you very ample Testimonies since the time of the coming in of the Normans And in the next place wee will shew how this Dominion of the Kings of England hath been acknowledged by those Foreign or Neighbor-Nations whom it most concern's But forasmuch as what wee shall thus speak of the English Sea in general will chiefly relate to the Southern and Eastern or that which hath the English shore on one side and France and Germanie on the other wee will therefore discours severally of that which lie's to the West of England and also of the Scotish Sea or that which lie's more Northerly As concerning the possession of the English Sea both Corporal and Mental or Civil continued for that space of time which wee now speak of with the like Dominion arising and retained thereupon there are divers notable and very clear testimonies thereof which for Methods sake wee divide into eight heads whereof I The Custodie Government or Admiraltie of the English Sea as a Territorie or Province belonging to the King II The Dominion of those Islands that lie before the French shore III The Leav of passage through this Sea granted to Foreiners upon request IV The Libertie of Fishing therein allowed upon courtesie to Foreiners and Neighbors and the Protection given to Fisher-men V Prescribing of Laws and Limits to Foreiners who beeing in Hostilitie one with another but both in amitie with the English made Prize of each other in this Sea VI The Records whereby this Dominion is expressly asserted by the By as a most undoubted right and that noâ— onely by the King but by the Parlaments of England when they debated of other matters VII The Commentaries of the Law of the Land and common customs of the Nation which do either assert or at