ANd first a generall decay of Trading and Merchandise which as it is one of the sinews of our Land so 't is as advantageous there 's none so ignorant but knows the inestimable benefit that our Nation alwayes hath had by forreign traffick how have thousands and ten thousands been enriched and made great by it what famous sea Captains and seamen hath it maintained alone what infinite summes of Treasure hath it brought into our land how doth it keep millions of people in honest labour and helps to the maintaining thousands of Families and for certain the decay of it alone will quickly be felt through the whole Land for this therefore if there was nothing else to incite all English men it behoves us to our utmost to keep up our power at sea Secondly Invasion by forreign foes to be feared especially at this present All our Neigbour Nations are up in Armes great Navies daily at sea we are the people that are the most hated and envyed and opposed how would the Dutch and Dane and Scots and Irish and French with others rejoyce to see us ruined by Invasion and certain it is our safety at Land consists in our power at sea what calamities and desolations would not an Invasion bring in with it all our just Rights and priviledges would be cancelled our Laws abrogated our Towns and Cities plundered and fired our Castles destroyed our Liberty lost our wives and children and our selves made slaves or butchered forthwith all our precious things devoured by strangers and enemies and therefore 't is good for us to maintain our forces and ships at sea liberally and willingly and we are all bound to crave Gods blessing and protection to be for ever with and over them That therefore the Hollanders and Zealanders basenesse and injustice may be unmasked and all good people of the Land satisfied and settled in their minds concerning our maintaining our war against them and any other who shall combine with them for there be thousands who mutter at the businesse and seem to bear affection to their cause though indeed without cause we wish them to consider these following Arguments against the Dutch fighting with us and for own seas The Dutch injustice and Ingratitude to Fight againstour Nation FIrst they begun the war and kindled the fire and blowed the first Coal They were the first Offendors so 't is just and fitting on our parts to repulse the injuries and Affronts offered us that this is true witnesse the barbarous and uncivill usage shewed to that ever Honorable Statseman the Lord Saint John when he was Ambassador from our State and resident at the Hague the harbouring and maintaining the publick Enemies of our State their common sending in Arms and all manner of warlike provision into Scotland and other places which were at war with England Adde to these their scandalous seditious pamphlets and books allowed to be printted in the disparagement of our State and Nation These things are but some of those many but these are all too true Secondly as the Dutch began the war so as they conceived they took the advantage of the time also intending to surprise us before we could have been in a ready posture to receive them and for certain had not our State been prudent to foresee their craftinesse and our Marriners and Land Souldiers as ready and willing to furnish our ships forthwith they might have effected more on a sudden upon us then now they are able but to come to a period we give our Countreymen a hint onely 3. Thirdly as they were crafty to cull out the time so they show themselves as Ingratefull to set against us their neighbors their friends their old and trusty friends their conservators both of life and liberty of wives children towns and all whatsoever at present they have and what we did for them 't was freely and throughly performed witnes that famous battell of Newport when as all the Dutch did run the field and all the Scots were kill'd nay the Prince of Orange wept and gave all for lost and was run a ship-board and when the Spaniards called openly Victoria victoria sancta Cruz. sancta Maria yet all this while though Sir Francis Veere that Renowned Commander was also shot and could not give direction yet that religious and valorous Brother of his Sir Horatio Veere with the English Regiments kept the field and fought it out to the utter overthrow of all the Spanish Army according to that Song composed upon that battle In Flanders once the field was fought With 40000. men at least The Scotchmen stoutly held it out The Dutchmen shew'd themselves like beasts For most men say all ran away Couragious call'd our English men But if that we had not set them free Judge in what case they had been then We spend our blood to do them good And help their Countrey to defend They pawn their Towns for English Crowns Which our good Queen to them did lend What can they now though so swel'd w th pride say to this certainly we have deserved better from them but what can be expected from such Borish people But such ungratefull returns Fourthly as they begun and now and against us so they are as Injurious to fight with us upon this occasion for defending our own goods our own just Rights our freedome and sea priviledges which do not in any the least manner belong unto them 't is true they have been many years proling and attempting but now they take open arms to infest us Fifthly not by themselves alone but by solliciting other Nations to help them as if it were not enough for themselves to do Injury except they fetch in other Confederates to make us if they can miserable to the utmost and to this purpose they send their Agents to France to Denmark to Sweden to Germany with horrible and false Suggestions and Informations against this Common-wealth of England the sooner to incite them to fight against us of this Nation and if possible utterly to ruine us But we leave them knowing that as their beginning of war was simply unjust so the end of it will prove as miserable and destructive to the Prosecutors of it O Dutch Hollander remember we say remember what wil do in the end thereof take one line more With pride they are so puft and blown That ev'ry bore's becom a State Their former life is no more known But forget what we did of late They boast and say we must away Ev'n home unto our Native Land But ere 6. year we greatly fear They 'l wish that we did by them stand But to conclude our subject we may assuredly say that perit quodfacis Ingrato Save a thief frō the gallows and hee 'l be the first to do you a mischief for certain 't is that these Dutch ever since the coming in of King James to the Crown of England have been the spunges of Englands Treasure have bin the people above all others who have decryed and vilified our Nation in all the East and Southern parts of the world and not onely so but have fomented occasions of quarrels and raised scandalous jealousies of our Nation towards them and upon meere false informations have rigorously nay barbarously proceeded to the murthering our Merchants and Factors where-ever they could lay hands upon them before ever they gave the least intimation of the crimes committed to our State or indeed before and fault was really per petrated by our Nation to them in those parts And wee cannot think their intentions to be altered from what they were we shall be sure to find them worse against us now if they obtain that which they have been long endevouring viz. The Dominion of the seas and therefore Brave England have a care thy seas to defend Thou needst not fear whether Dutch be thy foe or friend FINIS
Pisis Tusciae inservit that is the Adriatick sea doth serve the Venetians the Ligurian sea the Genoeses and the Tyrrhene is the Duke of Tuscanie every one of these not onely defend and maintain themselves by their propriety to those seas but have and will fight to uphold their ancient Dominion over them respectively Of the Popes Power over the Seas BRiefly though we think it is fitter for the See of Rome to save mens souls if they be Peters successors then to Lord it so mightily either by sea or Land yet that the world may see his jurisdiction and power at sea in the Roman sea belonging to Rome we will give you some expressions of his to set forth his lofty mind Barth Vgolinus Decensuris Pont. reserv part 2. sect 1. Excomm unicamus Anathematizamus omnes piratas Cursarios ac Latrunculos Maritimos discurrentes Mare nostrum that is we excommunicate and curse all Pirates sea Rovers and thieves whomsoever that shall hover on or rove on our Seas and if any take any herrings upon any Holy day they shall and must pay some to the next Churches and specially to those Churches which ly nearest to that place where they took them Gloss 3. tit de feriis And further it is and shall be lawfull for any free Citizen of Rome or Inhabitant of the same to fish upon Tyber and the sea belonging to our Jurisdiction at what time with what art they can and it shall be unlawfull for any to molest or rob them provided they meddle not with waters which belong to other Lords or States and certain places excepted and named in which sine licentia piscarinen licet Without licence of the Recorder it is not lawfull for them to fish Stat. Vrb Rom lib. 3. cap. 72. Of the English Soveraignty in the Seas SURe and certain it is that as by the Law of Nature and Nations all other Principalities and Kingdomes Dukedomes and Common-wealths have and douphold their Titles Priviledges and Dominion over and in their Seas it is as just for our Common-Wealth to do the same for why not we use our power as well as others are all others free and shall we now be made slaves and shal we now be made slaves shall all other Princes enjoy their own and shall we be debarred and rob'd of ours and by such onely who have no justice to claim or conscience to oppose it shall be made good therefore to all what absolute and just Right and Dominion we have to our seas and I hope if my peu be not of force to convince those insolent Dutch yet our thundring Cannon in short time will confound them for their ingratefull and impudent injustice and presumption Have the greatest Kings and Princes of Christendom been glad to ask leave to come upon and passe and repasse our seas and shall we our selves ask leave of others to do it now Durst not the stoutest of all Nations dare to fish upon our coasts without leave first granted and satisfaction promised and given and shall we now not dare to do ir our selves Have our Admiralls and our Navies been the terror of Europe and shall we so soon be stript both of valour and goods too what have the Dutch now that liberty and power to themselves which they formerly begged for at our hands or is their Right now become so because they imagine they have might to effect it shall all force if offered and prevailing be accounted for just if they be so bold to attempt to get why not we as good and resolute to hold our own we hinder them not of theirs why should they debar us from ours cannot or must not our men go out of their own houses or Havens for fear of Vantrump or a Borish Dutchman that we may by Gods protection will we lay down these conclusions and Arguments to show to the whole world the basenesse of the Dutch Hollanders and Zelanders with others who are combined to assist them against our just Rights and priviledges upon the seas 1. That the Dominion Government Rule Jurisdiction and Command of our seas hath alwayes belonged and been upheld by the English 2. From the custody Rule and Admiralty of England in our seas 3 From all Forreigners asking leave to passe and repasse our seas 4. From the giving of liberty to forreign Nations to fish on our seas and that by leave onely from us and from Customes paid to us Thomas Moulton was in the Reigne of Henry the third stiled Capitaneus Custos Maris the Lord Admirall and keeper of the seas Rot. part 8. Hen. 3. and under him the Cinque ports kept the coast of England and the seas Henry 3. hence was that Commission to Sir Hugh Crequier to guard the seas Edward the first appointed three Navies towards the guard of our seas one for Yarmouth Road another for Portsmouth and the third for the Western and Irish Seas Edward 1295. In the Reign of Edward the second also there were three Admiralls for the the saveguard of our seas the Lord Oturwin the Lord Kiriel and the Lord Felton custodiam Maris habebant say the Records and these guarded our seas And in that first Parliament of Edward the third fourteenth of his Reigne that they would have a care to secure the peace of the Land limitis Scotici Maris that is and of the borders of Scotland and of the seas And so under Richard the second Hugh Calverley was made Admirall and Thomas Piercy was joynd in Commission with him to order and govern the seas for that year 2. Rich. 2. And so it was in full Parliament agreed that the Earl of Salisbury John Earl of Shropshire John Earl of Worcester and James Earl of Wilts with the Lord Stourton under King Henry the sixth should have the guarding and Rule of the seas cum classe numerosa with a mighty Navy and afterwards that care was committed to John Duke of Excester Henry 6.38 And further in the Reign of the same King the Commons desired and did think it fit that the seas be kept Rot. Par. 20. Hen. 6. Artic. 29. And no lesse appears by Chaucer who lived in the time of King Richard the second a famous Poet who sayes ut mare custodiretur that the sea might be guarded and kept and he gives this reason Keep your seas 'twixt Orwel and Middleborough still You 'l be sure to have wealth Flow in at your will Of the Tributes Taxes and Subsidies paid for our safeguarding the Seas TO passe over the point of Dane-Gelt and such like pressures of this Nation though indeed it was used by William the first and second and by Henry the first and by Stephen Kings of England yet it was imployed for the custody and safeguard of the seas that they might not be infested by Danish Pirates nor the Land suddenly invaded and it was in the Raigne of Edward the first laid out to the same purpose as it is
from this Nation granted unto you and bestowed upon you Whereupon 't was ordered and ye durst not nor could hinder that Authority that sometimes ye might and sometimes yee might not fish at all and then when permitted not with vessels that should exceed 30 Tun and this is plaine by the Commissions and Authority given to the respective Governours of Yarmouth Scarborough VVhitby bay Selden in mare Claus 234. and to this purpose the Rose Noble bears that impression a King in a Royall ship and the superscription Edward by the grace of God King of England France and Ireland and on the other side Jefus autem transiens per medium illorum ibat Which King defended the seas with a mighty Navy of stout ships to the number of 1100. vessells 33. of Edward the third Anno 1359. and the very engraving shews enough as a Royall ship a King crowned a Sword a Throne the Rose What are these all but so many Blasons of our Rule at sea According to that English Meetre Or Rose Noble sheweth five things unto me King Ship Sword Rose and power of the sea And what lesse meant the Emperour Sigismond in his speech to Henry the fifth when he strove to make a peace betwixt him and Charls the sixth the French King and he said that it was the true English policy to keep safe our Land to observe these three things viz. 1. To cherish Merchandise 2. To keep the Admiralty 3. And to be masters of the Narrow sea And when Sigismond saw Dover and Calice and observed their scituation said to the King of England Keep these two Towns sure I wish your Majesty As your twein eine so keep the Narrow sea But we proceed to another subject that gives evident Testimoniall of our Soveraignty on the sea viz. All Forreigners strike Sail or vail their Top-sails to our ships of War ANd for certain it is that this Honour our Nation hath had timeout of mind and it was really performed by those of Flanders in their Embassage to our Edward the second the French indeed at some times have been so bold as to question it but they were alwayes punished by our men of war for their pride And it hath been practised four hundred years since in King John his Reign Anno 1200. for he gave out a certain Decree or Ordinance with the advice of his Lords at Hastings in Sussex to this effect if the Admirall of our Navy in his sailing upon and down our seas do meet with any ships or Vessels loaden or unloaden which will not at his command or whom he shall appoint strike sail and vail but shall fight our Navy if they be taken they shall be adjudged enemies and moreover both ships and goods so taken shall forthwith be confiscate and taken for prize as other enemies nay though the Masters and Captains of such ships shall after alledge that the said ships do belong unto the Kings friends and the men in the said ships shall be punished by imprisonment during our pleasure as Rebels and Traytors Commentar de Reb. Admiral fol. 28. And it is to be seen in the old Records in the Tower in a bundle of Parchments above four hundred years since which have reference to the times of Henry the third and Edward the first The first of these Parchment Rolls containing an agreement betwixt Edward the first and Guy Earl of Flanders concerning the colours and Ensignes to be set upon ships at seas to know and distinguish them upon one of them on the backside is written de Baion but upon the uppermost part of every one of them is added De superioritate Maris Angliae jure officii Admirallitatus in eodem that is of the superiority or Dominion of the sea of England and of the Office of Admiralty in the same And for the further certainty of the truth hereof that learned Mr. Selden in his Mare Clausum hath word for word set it forth in print amongst other particulars in it I have gleaned so much that all the States of forreign Princes who convened about the setling Sea-differences and there were present very many as from Genon Catalonia Spain Germany Zealand Holland Friesland Denmark and Norway and further 't is expresly said Et de Plusours Autres Lieux de lEmpire w th many other likewise of the Empire yet by all these the then King of England was reputed acknowledged and confessed to be as his Predecessors time out of mind alwayes had been En paisible possession de la Souereign Seignurie de la mier d' Engleterre el des Isles este auns en Icelle that is in the peaceable and quiet possession of the Sovereign Dominion of the English sea and of the Islands belonging to the same and they altogether did not onely acknowledge this but did all desire aod crave to be in and under his defence and safe-guard Selden in mare Claus lib. 2. cap. 28. And it appears plainly that we have had the power of the seas also betwixt England and Ireland for it was agreed in Parliament Ne quis exterus in mare Hibernico piscaretur that is that no stranger or forreigner should fish in our Irish sea except he or they had first obtained leave of the Lord Deputy or from some other Officer lawfully appointed to oversee the same or from the King and his Councell and hereupon it was that there were set Rates to be paid for severall ships as one or any ship of twelve Tuns should pay yearly 13 s. 4 d. and if lesser 2. s. and in case they faild in performance here of then the ships weapons furniture and all the goods to be for prize Statut. Hibern 5. Ed. 4. C. 6. and King James commanded it that no stranger whatsoever not having leave first granted unto him should fish upon the seas Edict 6. Jacobi 7. So also is it as manifest for our Dominion and power upon the Northern seas for King James and the Parliament ordered for the seas thus That all manner of Fishers that occupie the Seas and other persons whatsoever who slay or kill herring or white fish upon the Coast to bring them into free Ports whereby his Majesties Customes be not defrauded nor his Highnes Lieges or Subjects be frustrated of the commodity appointed unto them by God under the pain of confiscation of the Vessells and goods of all that come contrary hereto to the Kings use E dict 7. Jacob. R. Martii 6. Parliam 4. Jac. cap. 6c The Reader would be weary if we should produce more examples and Presidents of this kind that therefore we may the sooner conclude this Treatise having already sufficiently shewed our priviledges authority power jurisdiction and Dominion on and over our seas in the next place we lay open to all men What miseries inconveniencies our Nation will in short time suffer if we do not uphold our power at sea against all Invaders or opposers what soever Dutch Danes or French
Englands Command ON THE SEAS OR The English Seas GUARDED Wherein is proved that as the Venetians Portugals Spaniards French Danes Polands Turks the Duke of Tuscany and the Popes of Rome have Dominion on their Seas So the Common-wealth of England hath on our Seas Wherein the Dutch unjust procuration and prosecution of War against England is also described Lucan de Bello Civili phars 4. Sic Venetus stagnante Pado fusoque Britannus Navigat Oceano That is Venice her Gulf and River Po doth keep The English on the Ocean vast and deep London Printed for Jos Blaik-lock in Ivie-lane next doore to the signe of the Acorne 1653. To the Right Honourable the Council of State Grave Senators Presents are accepted not for their bulk but for their Virtue those smaller Offerings from mean persons were under the Law not only appointed but approved off by God himself the Intention not the person commends the Gift the greater may be more Specious the lesse more precious Even the Widdows two mites were not only not rejected but received and commended by Christ himself Vpon these I gathered courage and confidence to Offer this small Tract to Your Noble Protection who have sufficient Ability to Defend it from Injury And I hope Your Honours will be willing to afford it your Acceptance It speaking but what 's true and needfull at this present It shews what other Nations have done and to their utmost uphold what this Land hath in former times rightly and powerfully performed by our victorious Navies at Sea and as t is hoped and expected will be as resolutely and powerfully Continued and Augmented by Your solid Wisedome Your happy and successeful Government It layes open those subtile and Invading Enemies the Dutch with their unjust attempts against us of this Nation together with the manifold miseries our Land will be subject unto in a short time if our Seas be debarred us by that Insolent people So praying that God would specially Assist and alwayes Direct you in all Your Honorable and Weighty Consultations I crave Pardon and Humbly Am Your Honours Servant Donald Lupton England's Command on the Seas or The English Seas Guarded WEE might have framed a long discourse concerning this subject from several sexts of the Word of God which do denote and shew how severall Nations and People have not onely assumed and exercised a Power and Dominion upon the Seas but it is evident that they were invested into that Power by the blessing of God We will not enlarge upon them only we will quote some of many as Numb 34. your south bordershal be from the utmost Coast of the salt Sea East-ward and v. 5. The border shall fetch a compasse unto the River of Aegypt and the goings out of it shall be at the sea v. 6. You shal even have the great sea for a border So also Moses blessing the severall Tribes when he comes to Zabulon and Issacar sayes That they shall suck of the abundance of the seas and of treasures hid in the sand Surely this showes they should have power and Dominion on and in the Seas And Jacob when he blessed the Twelve Tribes pronouncing the blessing upon Zabulon Gen. 49.13 sayes plainly yet prophetically Zabulon shall dwell at the Haven of the Sea and he shall be for an Haven for ships And the Prophet David describing the Soveraignty of Christ in Ps 72.8 He shall have saies he Dominion from sea to sea and also Psal 89.25 I will also set his hand in the sea his right hand in the Rivers and God by the Prophet Isaiah describing the downfall of Tyre and Sydon and Tarshish leaves not out her great power she formerly had on the Seas Isaiah 23.2 3 4. and also of Tyrus Ezechiel speaks Ezech. 26.16 17. how all the Princes of the sea shall come down from their thrones and take up a lamentation for her amongst other sayings this is one part of their mourning the Renowned City which was so strong in the sea and at cap. 27.3 Thou that art scituated at the entry of the sea V. 4. Thy borders are in the middest of the Seas and the Prophet Nahum 3. v. 8. speaking of Ninivees destruction sayes Art thou better then populous Noah that was scituate among the rivers that had the waters round about it whose Rampart was the sea and her wall was from the sea these several Texts demonstrate sufficiently that the Seas have been allotted and allowed to severall Nations and it appears also that as long as Gods blessing was upon a Nation he still kept up their power at Sea so also when he intended their ruine and downfall he did then weaken and take away thier dominion at sea but we intend not a Theologicall Tract to leave these we intend to make it plain to all our Countrey men in these particulars following I. How all Nations of Christendome that border upon the seas have and yet do hold their power and Jurisdiction on and in their respective seas and more specially 1. The Venetians 2. The Portugals 3. The Spaniards 4. The French 5. The Danes and Norwayes 6. The Polanders 7. The Turks 8. The Duke of Tuscany 9. The Popes of Rome II. That as all these Nations uphold and to their utmost defend their severall and respective powers and Jurisdictions upon their seas so it is as lawfull for the Common-wealth of England to do the like wherein we shew 1. The great rule authority and power of the Admitalty of England in our seas 2. That all forreigners whatsoever were wont to ask leave to passe and repasse our seas and that without leave first had none durst offer or attempt the passage over them 3. That all forreigners as well French as Hollanders and Zealanders and others have at all times humbly asked leave of our Princes or of their officers to fish upon our seas wherein is shewed also how glad they were to have it granted and what store of Wealth they have gotten by it 4. What Customes and Taxes and impositions have been laid upon all that had leave to fish 5. That all other Nations coming with leave upon our seas have stroke sail or vail their Top-sails to our ships of war and to our Castles 6. The miserable inconveniencies and dangers our Nation will in short time feel and suffer if we do not uphold the dominion at sea against all Invaders or Opposers either Dutch Danes French c. 7. The injustice presumption and ingratitude of the Dutch made apparant to quarell us upon our seas by severall reasons and undenyable Arguments and first viz. 1. They begun the war 2. Against us 3. For our own goods and rights 5. By their combining with others Venice WE begin first with that ancient and rich State of Venice scituated in the Adriatique Gulph commonly called the gulph of Venice of which Zan Nazarius in lib. 1. Epigram sayes Viderat Hadriacis Venetam Neptunus in undis Stare urbem toto ponere jura
mari That is Rich Venice in the Adriatick sea doth stand And doth by Right and Might that Gulph command It cannot he denyed sayes a good Writer but that of Ancient time the Venetians and their Seigniorie have been possessors and Lords of their Gulph and therefore the Venetians by an undoubted right may justly forbid the Genoeses and any others from coming upon or sailing through their Gulph Angelus de Vbaldis de jur Fisci lib. 8. § 14. There wants not sufficient examples to shew how other Princes and Potentates have asked leave of this State to passe and repasse their seas which they have sometimes granted to some and sometimes denyed to others They granted it to Ralph Earl of Sales Anno 1399. In the name of Ladislaus K. of Naples W. Arch-duke of Austria to convey the sister of that King espoused to the Arch-Duke out of Apulia into the Arch-Dukes Territories yet though they granted it they made conditions and some expressions concerning the quality of some persons not to be then transported as also the bignes and quality of the ships to be considered Francis de ingenuis in Epist de Venet. jure And so Frederick the third though an Emperour did ask leave twice of this State of Venice to carry and transport corn out of Apulia through their Gulph As also of the Kings of Hungary have petitioned this State of Venice to grant leave for to transport corn through their Gulph Anton peregri de jure fisci lib. 8. Sect. 19. So also the Venetians have and do yet make those that come upon the Gulph to pay Custome and Tribute and that upon default they have power to confiscate such Goods and Merchandises and to impose the Gabel upon them for they acknowledge none superior to themselves and this is as the Authour sayes quia tantam habent jurisdictionem in mari because of their ample Jurisdiction and power they have in the sea especially the Gulph Bartho Caepola cap. 26. So another t is to be concluded sayes he that all fishing and whatsoever belongs unto it in the Adriatick sea doth of right appertain to the State of Venice and consequently that State hath sole and absolute power either to permit or forbid any to impose heighten or lessen the Gabel upon all sorts of fishers Anton. peregrin de jure fisci lib. 10. § 18. And a great Civil Lawyer even an Adversary to that Common-wealth for he was of Naples yet confesses plainly that the Venetians for certain have the Rule and Dominion of their Gulph and proportions how far it reacheth also Julius pacius Marta And Plavius Blondus affirmes that the Venetians have had alwayes power to proportion Custome to such who saile on their Gulph And for this purpose to prevent all fraud and deceit they appointed a State Officer and furnished him with sufficient Barks and Vessels to demand it and to sail from shore to shore and from port to port by night and day to see it effected accordingly Decad 2. l. 8. Of the Spanish and Portugalls Dominion FOr the Portugals as they have been great Merchants on the South and Eastern Seas so they alwayes provided to keep up their Customes concerning their priviledges on their seas What can be meant else by their inflicting death on such as shall offend cōfiscation of all their Goods beside witnes that Edict and strict Ordinance published which runs in these words whoever shall come into our Coasts Lands or Regions especially those of Gumy India or into those Seas or into any other Seas under our subjection either for Commerce Trading Navigation or who shall come with Arms and Ammunition to fight without out leave licence and authority first had and obtained shall for so doing and attempting loose his or their heads and suffer confiscation of all his or their goods and though there have been and yet are some who have questioned and scrupled at the large extent of the Portugals power upon the South-seas and those of India as usurped yet they still hold them and will uphold their seacustoms and priviledges as well knowing the riches safety and benefit of them And to the Defending their jurisdiction on the Seas they give power to their Admiral to search and finde out such as shall any where resist and to scoure their seas and if they finde any offending or denying obedience to force them to it and call them to triall if taken Jacob. Valdesius quinto lib. de ordinacones tit 112. Next let us search what the Spanyards hold concerning their Right and Jurisdiction on their Seas Gregorius Lopez partid 3. tit 28. lib. 11. The Prince saith he by his power may give Liberty or Licence to fish in some part of his Sea but without leave t was dangerous and fearfull And another Writer sayes the Dominion of the Sea belongs to him or them on whose Borders it lies Garcias Hisp lib. de expen Cap. 21. num 24. But more remarkable is that title given to the King of Spain stiling him the King of the Ocean this is known by that of Charls the fifth Emperour of Germany and King of Spain In the Preface for the setling of publike judgments in his Empire he is stiled king of the Islands Canaries and of the India Islands of the seas and the main Ocean and firm Land Arch-Duke of Austria c. and in the Imperial Charters and Decrees in the Germain tongue Konig up de Insulen Canariae Auch der Insulen Indiarum un terrae firmoe dess Maers Oceani c. Seldenus in Mare Clausum cap. 17. p. 74. Of the French THere is not any Nation who seems so stout to defend their Sea-right as the French yet they of all others have lest performed it for during not only the Wars but the time of the Soveraignty of the Kings of England in that Nation the French who could not nor durst fight us at Land had lesse power and will to affront us at Sea but yet there want not Testimonials of their Priviledges used against such as should intrench upon them at Sea and for certain 't is though a Nation may for a time be debarred its just Dominion of the Sea by an over-powering Sword yet they will endeavour to recover their Rights Power Priviledges and Jurisdiction again To speak therefore of these a little may we not follow the footsteps of them who have in part discovered in these particulars the Customs of the French concerning their Seas Capitular 169. Caroli Ludovici Impp. lib. 4. tit 5. Concerning those Counts or Earls deputed and intrusted for the custody of the Sea-coast and more especially one Rolland Admiral for the Coast of Brittaigne in the time of Charle-maign is to be seen that he did then impose Taxes Tributes or Customs upon such who traded on their Seas and put into any of their Ports and not onely defended the right of their Action but also added punishment to any that transgressed So also did those of Lyons
under their Prince Alan and others and if any came in or departed without leave of the Prince or his Admiral there was then a publick confiscation of such ship or ships with their materialls and if they did suffer shipwrack that such Merchandise as could be recovered should he pillage but if they had leave to put out to sea then if any storm arose or if they did miscarry yet the goods that could be saved should belong to the Owner Bertrandns in Histor Brit. minor lib. 1. cap. 13. And nothing is more certain then in the League betwixt our Edward the fourth and Francis Duke of Bretaigne concerning commerce and Trading betwixt them it is confessed and indeed their own Civil Lawyers attest it that our King at that present was true Lord and Soveraign of those seas and this League was to continue for 30 years and though during the warres betwixt England and France the English did possesse themselves not onely of a great part of the land but also of the Sea as of those of Picardy Normandy and Gascony yet the war ending we know they not onely did rule and command those seas but the French theirs also so hold their Jurisdiction and Soveraignty of them at present so that what the French could not do being Conquered the English did do being Conquerors Nor will we omit those two constitutions or Ordinances the one of Henry the second the other of Henry the third An. 1555. 1584. by which 't is decreed that all ships of forreign Nations coming upon the French coasts should strike sail to the Kings ships and 't is said plainly in Imperii Marini Gallorum recognitionem that is in acknowledgement of the French Soveraignty over theit seas Of the Danes Norways Polanders and Turks WE have evident and experimentall testimony of those Nations how they hold up their Dominion in the seas as for the Danes and Norvegians their care in this is so strict that the very gains that come into their Treasury by Impost and Custome are the greatest of all others especially when they were inhansed and advanced as they were by Frederick the second King of Denmark and Norway towards our English Museovia Merchants 1583. that he made as much profit by the command of the Sound in the Baltick sea as he did by all his Land So that he got so much by the Dominion of his seas that the great Muscovite was glad to come to Composition with him or else he would as he might have done interdicted and hindred all Trade into or from Muscovy Their power has been so strict and great that it does appear in the Ancient Records of Denmark in the time of Harold Hildetane King of Denmark ne quisquam sine ejus nutu c. that none should dare or presume without his consent and good will usurp or take any profit on his seas because as 't is said his benefit and power came in and consisted by the sea as well as the Land Selden in mare clausum p. 80. Dan. Hist lib. 7. 'T is recorded how many Princes and Potentates King Olo did subdue and destroy by his power at sea And 't is certain that Adolphus Gustavus King of Sweden did renounce and disclaim all Right Dominion and superiority of the sea in Norway Northland and all other Kingly claims in Wardhuisen which did any way concern sea businesses and this was in the Reign of King James Jun. 1613. And for the Kings of Poland we have an evident Demonstration of their care to defend guard and secure their seas for when Henry the third King of France was elected by the States of Poland to be their K. his Lords Embassadors did promise for him that when he should enjoy the government of that Kingdome then he should suo sumptu Classem sufficientem necessariam sustentare ad tuendos portus dominium maris that is at his own Charges keep a necessary and sufficient Navy to defend those Haven Towns and uphold that Soveraignty of the seas which did belong unto that Kingdome of Poland Syntagm statutor lib. lib. 3. tit 1. fol. 109. Of the Turkish Soveraignty in his Seas THe Turks as they are the powerfullest Nation by Land so thy are not negligent to hold up their power by sea and therefore being possessed of Constantineple indeed almost of all these Greeks Empire except some few Islands which the Venetians hold up so that they stile themselves Lords of the black and white seas for so did Achmet the Turkish Emperour in his agreement with Henry rhe fourth King of France 47. years since which was publickly printed at Paris in which the Grand Seignieur doth give and grant to the French free fishing and to search for Corall in certain Bayes and Creeks of the seas upon the Affrick shore betwixt Algier and Tunis and this sufficiently shews if there was nothing else the Turks care and vigilancy to uphold his Jurisdiction of his seas Yet one more because 't is remarkable and true 't is known that the Turkish Emperor caused those two impregnable Castles called the Dardanels to be builded the one upon one side of the Hellespont and the other on the opposite shore in both which he hath planted great numbers of Canon and they are of exceeding bignes and command the respective Governours of them that se qua Navis that is if any ship should attempt to passe or repass against their wils that they should sink her forthwith which Custome he holds and continues to this very day Corolia Cappicus in bello Asiatic lib. 2. And it is for certain that twice a year the Turks set out Gallies with souldiers to scour the seas and to go from port to Port to demand subjection and obedience and some present or other to their Commanders from all who trade or are found in their Harbors or upon denyall to force them to it or sink them whereupon that memorable fight happened 'twixt two English ships and their Turkish Gallies sent out for the same purpose but the Captains of the English ships would neither strike sail nor yet send any present to them whereupon the Turks w th all their power assailed them the fight was gallantly maintained by the English but at last being overpowered with multitude and having not one gale of wind to come off they were both sunk and all the men killed and made slaves our Turkish merchants goods had much ado to be saved in Constantinople the ships belonged to Alderman Freeman after Lord Mayor of London the Captains name was Hugh Ellis of Limehouse or Wapping Of the Grand Duke of Tuscany c. THis great Dukedome though rich and fertile for all sorts of commodities yet the Prince keeps his Dominion of his seas how great are the Imposts and Customes of one of his Ports onely to wit that of Ligorn though there be many others yet one sayes plainly that Mare Adriaticum Venetiis Mare Ligusticum Genoensibus Tyrenum vero