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A33387 His Majesties propriety and dominion on the Brittish seas asserted together with a true account of the Neatherlanders insupportable insolencies and injuries they have committed, and the inestimable benefits they have gained in their fishing on the English seas : as also their prodigious and horrid cruelties in the East and West-Indies, and other places : to which is added an exact mapp, containing the isles of Great Brittain and Ireland, with the several coastings, and the adjacent parts of our neighbours / by an experienced hand. Codrington, Robert, 1601-1665.; Clavell, Robert, d. 1711. 1665 (1665) Wing C4602; ESTC R3773 67,265 198

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the Assent of His Peers That if the Governour or Commander of the Kings Navy in His Naval Expeditions shall meet with any Ships whatsoever by Sea either Laden or Empty that shall refuse to strike their sayles at the Command of the Kings Governour or Admiral or his Lievtenant but make resistance against any who be long unto his Fleet that then they are to be reputed Enemies and if they be taken their Ships and Goods to be Consiscated as the Goods of Enemies And that although the Masters or Owners of the Ships shall Alledge afterwards that the same Ships and Goods do belong to the Friends and Allies of our Lord the King yet the persons who shall be found in these Ships are to be punished with Imprisonment at discretion for their Rebeltion It was accounted Treason saith Master Selden If any ship what soever had not acknowledged the Dominion of the King of England in His own Sea by striking sayle and they were not to be protected upon the Account of Amity who should in any wise presume to do the contrary Penalties were also appointed by the Kings of England in the same manner as if mention were made concerning a Crime committed in some Territory of his Land But above all that as yet hath been said there can hardly be alledged a more convincing Argument to prove the Truth of all that hath hitherto been spoken then the Acknowledgement of the Sea-Dominion of the King of England by very many of our Neighbouring Nations At what time the Agreement was made by Edward the First of England and Philip the Fair of France Reyner Grimbald Governour of the French Navy Intercepted and Spoyled on the English Seas the Goods of many Merchants that were going to Flanders as well English as Others and not contented with the Depredation of their Goods He Imprisoned also their Persons and delivered them up to the Officers of the King of France and in a very insolent manner justified his Actions in Writing as done by Authority of the King his Masters Commission This being alledged to be done to the great Damage and Prejudice of the King of England the Prelats Peers and the rest of the Nation a Bill against Reyner Grimbald was exhibited and managed by Procurators on the behalf of the Prelates Peers and of the Cities and Towns throughout England and lastly of the whole English Nation by an Authority as I believe of the Estates Assembled in Parliament with these were joyned the Procurators of most Nations bordering upon the Sea throughout Europe Viz. The Genoeses The Catalonians The Spaniards The Almayns The Zealanders The Hollanders The Freislanders The Danes The Noruegians The Hamburghers c. All these instituted a Complaint against Reyner Grimbald who was Governour of the French Navy in the time of the. War of Philip King of France and Guy Earle of Flanders And all these Complainants in their Bill do joyntly affirm that the King of Englandand his Predecessors have time out of minde and without Controversie Enjoyed the Soveraignty and Dominion of theEnglish Seas and the Isles belonging to the same by Right of their Realm of England that is to say by Prescribing Laws Statutes and Prohibitions of Armes and of Ships otherwise furnished then with such necessaries and Commodities as belong to Merchants and by demanding Security and affording protection in all places where need should require and ordering all other things necessary for the conservation of Peace Right and Equity between all sorts of People passing through that Sea as well Strangers as others in Subjection to the Crown ofEngland Also that they have had and have the Soveraign Guard thereof with all manner of Cognisance and Jurisdiction in doing Right and Justice according to the said Laws Ordinances and Prohibitions and in all other matters which may concern the Exercise of Soveraign Dominion in the said places This is the Declaration of the Nations above named manifestly acknowledging the Sovereignty and Dominion of our Kings over the Seas and thereupon demanding protection for themselves But more particularly we do finde an acknowledgment of the Sea-Dominions of the Kings of England made by the Flemmings themselves in the Parliament of England in the Reign of Edward the Second the Records of the Parliament speak it thus In the Fourteenth Year of the Reign ofEdward the Second there appeared certain Ambassadours of the Earl of Flanders to Treat about the Reformation of some Injuries they received and as soon as the said Ambassadours had been admitted by our Lord the King to Treat of the said Injuries amongst other particulars they required that the said Lord the King would at his own Suit by Vertue of his Royal Authority cause Enquiry to be made and do Justice about a Depredation by the Subjects of England upon the English Seas taking Wines and other sort of Merchandizes belonging to certain Merchants of Flanders towards the parts of Crauden within the Territory and Jurisdiction of the King of England Alledging that the said Wines and other Merchandizes taken from the Flemmings were brought within the Realm and Jurisdiction of the King and that it belonged to the King to see Justice done in Regard thatHE IS LORD OF THE SEA and the aforesaid Depredation was made upon the said Sea within his Territory and Jurisdiction c. This we have Cited out of the Parliament Records which may Declare an Acknowledgement of the Sea-Dominion of our Kings made by those Foreign and Neighbour-Nations who were most concerned in the Business Having given you thus besides the Attestation of our own Writers the acknowledgment of Foreign Nations that the King of England hath the Dominion of the Seas we shall now come to give you an Account of those Northern Seas which came unto the Subjection of the Kings of England at what time King James of Blessed Memory by reducing the two Nations into one Great Brittanie United the Crown of Scotland to the Crown of England Odericus in his Ecclesiastical History informs us that the Orcades was subject heretofore to the King of Norway and that the people of the Orcades do speak the Gothish Language to this day these Isles are Numerous and onely Twenty Eight of them are at this day Inhabited Above One Hundred Miles beyond the Orcades towards Norway are the Shetland Isles in Number Eighteen which are at this day Inhabited and in subjection to the King of Scotland concerning which there hath been a great Quarrel in former Ages between the Scots and Danes but the Dane kept the 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 he himself or his Posterity paid to the Scottish King or his Successors the sum of Fifty Thousand Rhenish Florens which were never discharged to this day But afterwards when the Queen had been delivered of Her Eldest Son the Danish King being willing to Congratulate
time of Richard the Second Hugh Calverley was made Admiral of the Sea saith the same Author and the Universal Custody of the Sea was committed by our Kings to the High Admirals of England And that the Dominion of the Seas is properly in the Power and Jurisdiction of the King may appear by those Tributes and Customes that were Imposed and Payed for the Guard and Protection of them The Tribute called the Danegeld was paid in the Time of the English Saxons which amounted to four shillings upon every Hide of Land for the defending of the Dominion by Sea Roger Houerden affirmeth that this was paid until the Time of King Stephen Afterwards Subsidies have been demanded of the People in Parliament upon the same Account and in the Parliament-Records of King Richard the Second it is Observable That a Custome was imposed upon every Ship that passed through the Northern Admiralty that is from the Thames along the Eastern Shoare of England towards the North-East for the Maintenance of a Guard for the Seas Neither was this Imposed onely upon the English but also upon the Ships of Forreigners payment was made at the Rate of six pence a Tun upon every Vessell that passed by such Ships only excepted that brought Merchandize out of Flanders into London If a Vessel were imployed to Fish for Herrings it payed the Rate of Six pence a week upon every Tun If for other kind of Fish so much was to be payed every three weeks as they who brought Coles to London from New-Castle paid it every three Moneths But if a Vessel were bound North-wards to Prussia Scone or Norway or any of the Neighbouring Countries it payed a particular Custome according to the Weight and Proportion of the Freight And if any were unwilling it was Lawful to Compel them to pay In this Place we shall give you the Copy of the usual form of a Commission whereby the High Admiral of England is Invested with Authority for the Guard of the Sea it runneth in these Words VVE Give and Grant to N. the Office of our Great Admiral of England Ireland Wales and of the Dominions and Islands belonging to the same also of our Town of Calais and our Marches thereof Normandy Acquitayn and Gascoign and we have Made Appointed and Ordained And by these Presents we Make Appoint and Ordain ●im the said N. our Admiral of England Ireland and Wales and our Dominions and Isles of the same our Town of Calais and our Marches thereof Normandy Gascoign and Aquitayn as also General Governour over all our Fleets and SEAS of our said Kingdomes of England and Ireland and our Dominions and Islands belonging to the same And know ye further that we of our especial Grace and upon certain Knowledge do Give and Grant to the said N our Great Admiral of England and Governour General over our Fleets and Seas aforesaid all manner of Iurisdictions Authorities Liberties Offices Fees Profits Duties Emoluments Wracks of the Sea cast Goods Regards Advantages Commodities Preheminences Priviledges whatsoever to the said Officer our Great Admiral of England and Ireland and of the other Places and Dominions aforesaid in any manner Whatsoever Belonging or Appertaining Thus we see we have a continual Possession or Dominion of the Kings of England by Sea pointed out in very Expresse Words for very many years We may add to this that it can be proved by words plain enough in the form of the Commissions for the Command of High Admiral of England that the Sea for whose Defence he was appointed by the King of England who is Lord and Sovereign of it was ever bounded towards the South by the Shores of Aquitain Normandy and Picardy for although those Countries sometimes in the Possession of the English are now lost and for many years under the Jurisdiction of the French yet the whole Sea Flowing betwixt our Brittish Isles and the Provinces over against them are by a Peculiar Dominion and Right of the King of England on those Seas subject unto them whom he puts in Command over the English Fleet and Coasts that there remaineth neither Place nor Use for any other Commanders of that kinde And as for the Islands of Gernesey Jersey and the rest Mr. Selden affirmeth that before a Court of Delegats in France in expresse terms it hath been acknowledged that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein Par raison du Royalmed ' Angleterre upon the Account of the Realm of England or as they were Kings of England And in the Treaty held at Charters when Edward the Third Renounced his Claim to Normandy and some other Counties of France that bordered upon the Sea it was added that no Controversie should remain touching the Islands but that he should hold all Islands whatsoever which he Possessed at that time whither they lay before those Countries y t he held there or others For Reason required this that he should maintain his Dominion by Sea And both Gernesey and Jersey as well as the Isles of Wight and Man in several Treaties held betwixt the Kings of England and other Princes are acknowledged not onely to lye neer unto the Kingdome of England but to belong unto it But to give a greater Light to this Truth we may from several Records produce many Testimonies that the Kings of England have given leave unto to Forreigners upon Request to passe through their Seas he gave permission to Ferrando Vrtis de Sarachione a Spaniard to Sail freely from the Port of London through his Kingdomes Dominions and Jurisdiction to the Town of Rochel There are Innumerable Letters of safe Conducts in the Records especially of Henry the Fifth and Sixth whereby safe Port and Passage was usually granted And it is worthy of observation that these kinde of Letters was usually superscribed and directed by those Kings to their Governours of the Sea-Admirals Vice-Admirals and Sea-Captains And to clear all at once the Kings of England have such an absolute Dominion in the English Seas that they have called the Sea it self their Admiralty And this we finde in a Commission of King Edward the Third The Title whereof is De Navibus Arrestandis Capiendis For the Arresting and Seizing of Ships The Form of it runs in these Words The King to his beloved Thomas de Wenlock his Serjeant at Armes and Lievtenant To our Beloved and Trusty Reginald de Cobham Admiral of our Fleet of Ships from the mouth of the River of Thames towards the Western parts Greeting Be it known unto you that we have appointed you with all the speed that may be used by you and such as shall be Deputed by you to Arrest and Seize all Ships Flie-Boats Barks and Burges of ten Tun burthen and upwards which may happen to be found in my foresaid ADMIRALTY that is in the Sea reaching from the Thames Mouth towards the South and West and
Dominion and Possession of the place And this may yet more clearly appear by the Laws and Limits usually set by our Kings to such Foreigners as were at Enmity with each other but in Amity with the English and to this effect is the Proclamation of King James who having made Peace with all Nations did give equal Protection to the Spaniards and the United Neatherlands at that time exercising Acts of great Hostility one against another Our Pleasure saith he and Commandment is to all our Officers and Subjects by Sea and Land that they shall Prohibite as much as in them lieth all hovering of Men of War of either Spaniard or Hollander neer to the Entry of any of our Coasts or Havens and that they shall Rescue and Succour all Merchants and others that shall fall within the Danger of any such as shall Await our Coasts And it is further to be observed that as our Kings have very often Commanded that all manner of persons should cease from Hostility throughout all the spaces extended into their Territories by Sea so they indulged the like Privilege for ever throughout the more Neighbouring Coasts of the French shore that all manner of Persons though Enemies to one another should securely sayle to and fro as it were under the wings of an Arbitrator or Moderatour of the Sea and also freely should use the Sea according to such spaces and limits as they were pleased at first to appoint which without doubt is a clear Evidence of Dominion In this next place I shall cite some of the Publick Records which are kept in the Tower of London in which the Dominion of the Sea is expresly Asserted as belonging to the Kings of England We Read that Edward the Third in his Commissions given to Geoffery de Say Governour or Commander of the Western and Southern Seas and to John de Norwich of the Northern expresseth himself in these following words We calling to mind that our Progenitors the Kings of England having before these times been Lords of the English Sea on every side yea and Defendors thereof against the Invasions of Enemies do strictly Require and Charge you by the Duty and Allegiance wherein you stand bound that you set forth to Sea with the Ships of the Ports and the other Ships that are ready and that you Arrest the other ships under our Command and that with all Diligence you make search after the Gallies and Ships of War that are abroad against Us and that stoatly and manfully you set upon them if they shall presume to bend their Course towards any part of our Dominions or the Coasts of Scotland c. Then followeth a Power to Press Seamen and other matters of that kind We read also in the Reign of the said King in the preferring of a certain Bill in Parliament which is the voice of the Estates of the Realm that he was usually accounted King or Sovereign of the Seas by all Nations The words in French are to this sence in English The Nation of the English were ever in the Ages past Renowned for Sea-Affairs in all Countries near the Seas and they bad also so numerous a Navy that the People of all Countries Esteemed and called the K. of Engl. the K. or Sovereign of the Sea Another Testimony to the same Effect we read in the Parliamentary Records of Henry the Fifth where the Tenour of the Bill runs after this manner The Commons do pray that seeing our Sovereign Lord the King and his Illustrious Progenitors have ever been Lords of the Sea and now seeing through Gods Grace it is so come to pass that our Lord the King is Lord of the Shores on both sides of the Sea such a Tribute may be imposed upon all Strangers passing through the said Sea for the Benefit and Advantage of our said Lord the King as may seem agreeable to reason for the safegard of the said Sea The Answer subscribed to the said Bill was Soit avise par le Roy which is Let the King Himself be advised of it For the King at that time Resided in France being Lord of that Country as well by Conquest as Inheritance And Humphrey Duke of Glocester was then President of the Parliament and Leivtenant of England by whom as the Kings Deputy that Answer was given to the said Bill but when the King was present in person Le Roy S' advisera the King will Advise was the Answer from the Antient down to our present times in such Bills as were to be passed into Acts Many other Testimonies in this Nature may be produced which for brevities sake are purposely omitted Neither hath the High Court of Parliament onely given this Attestation to our Kings as Supream and Sovereign of the Seas But to confirme it we shall produce the Testimonies of Robert Belknap an Eminent Judge in the Time of Richard the Second who affirmeth that the Sea is Subject to the King as a part of his Kingdom or of the Patrimony of the Crown And it appeareth by Publick Records containing diverse main points touching which the Judges of the Land were to be consulted for the good of the Common-Wealth that the Kings Sea-Dominion which they called The Antient Superiority of the Sea was a matter out of Question amongst all Lawyers of that Age and Asserted by the Determinations and Customes of the Law of the Land and by the express words of the Writs and Forms of the Actions themselves Neither is this Truth confirmed only by our Laws but by our Medals There hath been a piece of Gold very often Coyned by our Kings called a Rose-Noble which was stamped on the one side of it with a Ship floting in the Sea and a King Armed with a Sword and Shield sitting in the Ship it self as in a Throne to set forth a Representation of the English K. by Sea The first Authour hereof was Edward the Third when he Guarded his own Seas with a Numerous Navy consisting of Eleven Hundred ships at which time as at others he marched victoriously through France But what need we labour to produce so many Testimonies at home from our Records in the Tower and other places from our High Courts of Parliament from our Laws from our Coyns from our Histories to prove this Truth since it is acknowledged even by Forreigners themselves whom it most concerneth by their usual striking of sayles according to the antient Custom by every ship of any Forreign Nation whatsoever if they sayle near the Kings Navy or any ship belonging to it at Sea which is done not onely in Honour to the English King but also in acknowledgement of His Sovereignty and Dominion at Seas The Antiquity of this Custome and that it hath been in use for above these Four Hundred years may appear by this following testimony At Hastings a Town scituate upon the Shore of Sussex it was Decreed by K. John in the Second Year of His Reign with
thirdly the decay of many good Marriners both able in body by their diligence labour and continual exercise of Fishing and expert by reason thereof in the knowledge 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 buy any Fish of any strangers in the said Ports of Flanders Zealand Picardie France or upon the Sea between shoare and shoare c. This Act by many continuances was continued from Parliament to Parliament until the first of Queen Marie and from thence to the end of the next Parliament 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 Neighbour-States and the Municipal Laws of the Kingdom have ever held the Sovereign Lordship of the Seas of England and that unto his Majesty by reason of his Sovereignty the supream command and Jurisdiction over the passage and Fishing in the same rightfully apperteineth considering also the natural Scite of those our Seas that interpose themselves 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 be doubted but his Majesty by means of his own excellent Wisdom and Virtue and by the Industry of his faithful Subjects and People may easily without injustice to any Prince or Person whatsoever be 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 Majesty is now absolute Commander of the Brittish 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 necessity first or last come within compass of his power and jurisdiction And therefore the Sovereignty of our Seas being the most precious Jewel of his Majestie 's Crown and next under God the principal means of our Wealth and Safety all true English hearts and hands are bound by all possible means and diligence to preserve and maintain the same even with the uttermost hazzard of their Lives their Goods and Fortunes Thus you see what wonderous advantages may redound to the Felicity and Glory of this Nation if God give hearts and resolutions to vindicate those rights which are now most impiously and injuriously invaded There is also another Dominion of the Sea belonging to the King of Great Brittain and that of a very large Extent upon the Shore of America as on the Virginian Sea and the Islands of the Barbadoes and Saint Christophers and many other places but how farr our English Colonies Transported into America have Possessed themselves of the Sea there is not exactly as yet discovered A further Assertion that the Sea is under the Laws of Propriety Declared in a full Convention betwixt Ferdinando Emperour of Germany and the Republick of Venice in the Year 1563. AT this Convention the Complaints on both sides were opened And it being required in the Name of his Emperial Majesty that it may be Lawful for his Subjects and others to Traffick freely in the Adriatick Sea It was answered by the Advocate of the Common-Wealth of Venice that Navigation indeed ought to be free yet those things at which his Imperial Majesty found himself agrieved were no ways repugnant to this Freedom for as much as in Countries which are most free Those who have the Dominion thereof receive Custome and do give Bounds and prescribe Order by which way all Merchandize shall pass and therefore none should finde themselves agrieved if the Venetians for their own Respects did use to do so in the Adriatick Seas which is under their Dominion there being nothing more known then that the Common-Wealth of Venice were Lords of the Adriatick Sea and do exercise that Dominion which from time out of minde it had always done as well in receiving of Customes as in assigning of places for the Exaction of it And that according to former Capitulations the Subjects of the Venetians were to have no less liberty in the Lands of the Austrians then the Austrian Subjects in the Sea of Venice And if his Imperial Majesty within his own State upon the Land will not permit that the Subjects of the Common-Wealth of Venice shall go which way they list but doth constrain them to go by such places onely where customs is to be paid he cannot with Justice demand that his Subjects may passe by or through the Sea of the Republick which way they please but must content himself that they passe that way onely which shall best stand with the Advantage of those who have the Dominion over it And if his Majesty cause Custome to be paid upon his Land why may not the Venetians likewise do it upon their Sea He demanded of them if by the Capitulation they would have it that the Emperour should be restrained or hindred from the taking of Custome And if not why would they have the Venetians tyed thereunto by a Capitulation which speaks of both Potentates equally with the same words He proceeded in a Confirmation of the Truth that the Republick had the Dominion of the Sea and although the proposition was true that the Sea is common and free yet it is no otherwise to be understood there in the same sence when usually we say that the high-way are common free by which is meant that they cannot be Usurped by any private Person for his sole proper service but remain to the use of every one Not therefore that they are so free as that they should not be under the Protection and Government of some Prince and that every one might do therein Licenciously whatsoever pleaseth Him either by Right or by Wrong for as much as such Licenciousness or Anarchy both of God Nature as well by Sea as by Land That the true liberty of the Sea excludes it not from the protection and superiority of such as maintain it in Liberty nor from the Subjection to the Laws of such as have Command over it but rather necessarily it includes it That the Sea no less then the Land is Subject to be divided amongst men appropriated to Cities and Potentates which long since was ordained by God from the beginning of man kind as a thing most Natural And this was well understood by Aristotle when he said that unto Maritine Cities the Sea is the Territory because from thence they take their Sustenance and Defence A thing which cannot possibly be unless that part of it be appropriated