which is also by writers commonly termed Concessive As Obligatorie it is known by such things as are commanded or forbidden as to give every man his due not to forswear and the like As Permissive it is set forth by things whose use is neither commanded nor forbidden but permitted as in the very Act of buying selling infranchisement framing conditions of contract according to the will of the contractors and many more of the same nature But both these kinds of LAW concern either mankinde in general that is all Nations or not all That which relate's to the generalitie of mankinde or all Nations is either Natural or Divine That is either manifested by the light of nature or the use of right reason beeing elegantly described by Tertullian to bee the Common Law written throughout the whole world in the very Books of nature and by the Grecians called the Law of mankinde and by the Civilians the Primitive Law of Nations or els it isâ— declared and set down in those Divine Oracles that have been committed to writing Both which may properly bee termed the universal Law of Nations or the Common Law of mankinde And whatëver is Obligatorie in either of these either out of the nature of the thing it self or rather from the autoritie of the father of nature is reputed by men to bee unchangable according to that saying so often used by Philosophers Divines and Lawyers That the rights and Laws of nature are immutable Which cannot bee said of the Permissive Law whether Natural or Divine relateing to mankinde in general for it is obvious to every man that as Permissive it must needs bee various and changable according to the judgment and pleasure of persons in power and therefore subject to Repealings Qualifications and daily Alterations whereas in the mean time that kinde which is Obligatorie may admit Additions or Inlargements such as may serv for more certaintie and convenience of observation but no Alterations in any wise to diminish it's autoritie Out of such Additions as are made to that which is Obligatorie and Alterations of that which is Permissive another kinde of Law takes it's rise which is of a more narrow Sens and Acceptation and relate's not to all Nations or the Universalitie of mankinde but onely to som particulars thereof and it is ordinarily well termed Positive as beeing positively ordained either by God or men Somtimes also it is termed Civil and an Addition of right Reason This Positive Law may bee divided into that which is singular and peculiar to any one particular Nation or Societie of mankinde as was the Law concerning Paternal power among the Romans and the custom of the Athenians touching the same or into that which is received by divers Nations Again this last is divided into two parts either into that which bind's divers Nations jointly equally and indifferently by som common obligation or ell into that which bind's divers Nations or people not jointly and equally or by any common obligation but singly and by Accident And of this threefold kinde of Positive Law wee may call the first the Law purely Civil as it relate's to any one particular civil societie The second the Common Law of divers Nations so named from som common tie or obligation betwixt them The third the Law of som or divers Nations Civil or Domestick by reason of that Domestick and Civil tie onely whereby they are bound singly among themselvs without any obligation to each other in common As for example the Laws of the XII Tables that were brought from Athens to Rome remained in force in both Nations as well in the Romane as in the Athenian but not by any common or mutual obligation between them And therefore that Law of the XII Tables ought much more properly to bee called the Civil Law of those Nations then simply of both Nations in any such sens as import's a Joint-Interest or Communion But as to that which jointly concern's divers Nations by mutual obligation that is the Common Law of divers Nations it is divisible likewise into two parts to wit into that which is Imperative over divers Nations or people or that which is Intervenient By the Imperative Law of Nations is meant that which is observed or receiv's Autoritie among several Nations or people who are subject to supreme Powers that otherwise are distinct and this by reason of an Obligation equally common to them all but derived from som other and enjoined by som special Command either from God or man Of this kinde was that Law of the Dâ—lopes the Magnesians Phthiotae Thessalians and other people of Greece who beeing equally obliged by the command of Acrisius King of the Argives submitted to the jurisdiction of the grand Parlament or Assembly of Amphictyones Of the same kinde likewise was that Militarie Law enjoined by God not onely to the People of Israël but also to the Canaanites with whom they were to wage war For they were both obliged by the Autoritie of him that commanded though after a divers manner And when any Nations in obedience to the Pope's Autoritie and command do alike submit to one and the same Law it may bee rightly called the Imperative Law of Nations But that is to bee called the Intervenient Law of Nations which take's it's rise not from any command imposed upon several Nations in common but through the intervention either of som Compact or Custom and it is commonly styled the Secondarie Law of Nations The principal heads whereof are conteined in the Laws about proclaiming War Ambassie Prisoners of War Hostages Right Remitter upon return from Captivitie Leagues and Covenants Commerce and other matters of that Nature which usually intervene betwixt divers Nations For as much as in these Laws here spoken of it is in several Nations wholly composed of such Additions as have been made to the universal Obligatorie Law of Nations and of such Alterations as have accrued to the Universal Permissive and no more may challenge the name of Imperative or Intervenient And it is most plain that the rest retain's still the name of the Universal or Primitive Law of Nations Moreover also the Imperial Law which usually take's place in all Controversies about the aforesaid Particulars of the Intervenient Law so far as it agree's with the Universal Law of Nations Natural or Divine is to bee comprised under the same Notion But as by the consent of some certain Nations with whom it is in use divers principal heads and determinations of it beeing no part of the Universal Law are so made use of it most clearly fall's under the name of the Intervenient Law of som Nations Lastly as it is received and used at home by som particular People in their Courts of Judicature it is to bee called the Law Civil or Domestick of divers Nations And thus having given you a plain Scheme of the Law in all those various Notions
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
his Council The like Commission was at the same time and by the same time and by the same Autoritie given to John de Norwich Admiral of the Northen part In the preferring of a certain Bill also in Parlament which was the voice of the Estates of the Realm in the reign of the same Edward wee finde that hee was usually accounted and styled King or Soveraign of the Sea by all Nations The words are qe XX ans passez toutdiz adevant la Navie de dit roialme estoit en touz portz bones villes sur mier sur riviers si noble si plentinouse qe touz les pais tâ—noâ—ent appelloyenâ— nostre avantdit Seignieur LE ROY DE LA MIER tout son pays dotoyent le pluis per mier per terre per cause de la dite Navie c. Which beeing translated out of the old Norman speak's to this effect That the English were ever in the Ages past renowned for Sea affairs in all Countries near the Sea and they had also so numerous a Navie that the people of all Countries esteemed and called our King the King or Soveraign of the Sea There is likewise a notable Testimonie touching this business in the Parlament-Records of Henrie the Fifth where the tenor of the Bill ran as was usual after this manner Item priont les Commens que per lou nostre tressoverain seigneur LE ROY ET SES NOBLES PROGENITORS DE TOUT TEMPS ON T ESTE SEIGNEURS DEL MEER ore par lâ— grace de Dieu est venuz que nostre dit seigneur le Roy est seigneur des costes d' ambeparties del meer d' ordeigner sur touts estrangers passants per my le dit meer tiel imposition al oeps nostre dit seigneur le Roy à prendre que à luy semblera resonable pur la sauvegarde del dite meer That is to sâ—â— Item the Commons do pray that seeing our Soveraign Lord the King and his illustrious Progenitors have ever been Lords of the Sea and now that through Gods gtace it is so com to pass that our said Lord the King is Lord of the Shores on both sides of the Sea such a tribute may bee 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 safeguard of the said Sea The Answer subscribed to this Bill was Soit avise par le Roy that is let the King himself bee advised of it For the King resided in France at that time beeing Lord of that Countrie by Inheritance and Conquest and Humphrey Duke of Glocester was President of the Parlament beeing then Keeper or Lieutenant of England by whom as the King's Deputie this kinde of Answer was usually given to Bills as often as an assent to them was delaied but when the King was present in person le Roy s' advisera the K. will advise served in stead of an Answer from antient down to the present time in such Bills as were not passed into Acts. That is to say in those Bills to which the Lords and Commons had given their assent before that is the Estates of the Parlament of England which is here especially to bee considered For most certain it is that according to Custom no Answer is given either by the King or in the King's name to any Parlamentarie Bills before that the Bill whether it bee brought in first by the Lords or by the Commons hath passed both Houses as it is known to all that are verst in the Affairs and Records of Parlament And when the name of either of them is left out in the draught of the Bill as the Lords are in that before alleged it was wont to bee supplied as it is also at this day by the brief form of Assent which is added by that Hous to whom the Bill is sent and transmitted For that Hous which first prefer's it transmit's it to the other who either give 's an assent or reject's it And when both Houses have so given their assent then after a while either the King give 's his assent whereby it becom's an Act or Law or els hee laie's it aside and as I have alreadie shewn take's time to advise Neither of which is ever don by the King according to the cours of Parlament till both Lords and Commons have first given their assent But the whole form of the afore-mentioned Bill which is full of all kinde of storie concerning things transacted in Parlament is taken out of the very Schedules annexed to the Bill wherein the Forms of this kinde of assent were wont expressly to bee added and register'd according to antient Custom among the Records of Parlament in the very same words wherein it was at first exhibited no express mention beeing made of the assent both of Lords and Commons which is annexed to the Body of the Form for the assent of both sufficiently appear's in that according to the cours of Parlament it was so presented to the King and the Kings assent onely or intent of deliberation beeing added by way of subscription as I have shewn But most of those Schedules annexed to that kinde of Bills which relate to the more antient times are lost whereas notwithstanding the Records wherein they were wont to bee register'd have been carefully preserved in the Tower for above CCC years All which wee thought meet to mention here to the end that in the Bill before alleged out of the Parlamentarie Records of Henrie the fift these three things may bee observed which make very much to the point in hand First that the Estates in Parlament according to the Custom of their Ancestors that is to say both Houses of Lords and Commons beeing well-informed of the matter perhaps by som antient Testimonies whereof wee are bereft by the injurie of time did with one consent affirm it as a thing unquestionable that the King of England is Lord of the Sea As it appear's also in that former Record which relate's to the Reign of Edward the third for both the Bills are placed alike in the aforesaid Records Secondly that the Sea whereof they speak is the whole that flow's between France and England For they say in express terms that King Henry beeing Lord of the Sea was at that time Lord des costes d ambâ—parties del meer that is of the Coasts or Shores on both sides of the Sea or those that include the Sea on both sides which cannot bee understood of any other or greater Sea than of that which was mentioned there immediately before And so it is in plain terms to bee taken of that whole Sea Thirdly that those Estates did not question but that Tributes might bee imposed by autoritie of Parlament upon all strangers whatsoëver wheresoëver they pass through this Sea as well as Customs in Port And that they did not at all conceiv that a Bill ought
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
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.
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
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
brought Merchandise out of Flanders to London or that carried Wooll and Skins from any other place within the Jurisdiction of that Admiraltie to Calais If a Vessel were imploied to fish for Herrings it paid the rate of six pence a week upon every Ton. If for other kindes of Fish so much was to bee paid every three weeks as they who brought Coles hither from New-Castle paid it every three months But if a Vessel were bound for Prussia Norwaie Scone or any of the neighboring Countries it paid a particular Custom according to the weight and proportion of the Freight And if any were unwilling it was lawful to compel them to pay That is to say there were certain Officers that had autoritie to exact it having the Command of six ships Men of War for this kinde of Guard or Protection But the whole matter I here faithfully set down out of the Original in the same language it was written that is the Norman Language of that time C'est l'Ordinance Granté per l'aduis des Marchaunds de Londres des autres Marchaunds vers la North per â—ossent de touz les Communes de Parlement par devant le Comte de Northomberland le meaire de Londres pâ—r la garde tuicion du mier costers del Admiralté de North ove deux Niefs deux Bargis deux Ballingers armez arraiez pur guerre sur les coustagis que s'ensuient Primerement pur prendre de Chescun Nief Craier de quele portage q'il soit que passe per la mier dedeinz le dicte Admiralté alant returnant pur la voiage de chescun tonnetight VI d horspris Niefs chargez ove vins Niefs chargez ove marchandises en Flandres qe serront frettez dischargez à Londres Niefs chargez ove leynes peues à Londres ou ailleurs dedeinz la dicte Admiralté que serront dischargez à Caleis les quieux Niefs les Gardeins de la dicte mier ne serront tenuz de les conduire sans estre allovez Item de prendre de chescun vesseau pessoner qe pessent sur la mier du dit Admiralté entour harang de quelle portage q'il soit en un semain de chescun tonnetight VI d Item de prendre des autres Niefs vesseauz pessoners que pessont entour autres pessons sur la mier dedeinz la dicte Admiralté de quele portage q'il soit en trois semaignes de chescun tonnetight VI d Item de prendre de touz autres Niefs vesseaux passanz par mier dedeinz la dicte Admiralté chargez ove Charbons ou Novel Chastiele seur Tyne de quele portage q'il soit en le quarter de un an de chescun tonnetight VI d Item de prendre de touz autres Niefs Craiers vesseaux passanz per mier dedeinz la dicte Admiralté chargez ove biens des Marchanz queconques en Espreux ou en Northway ou en Scone ou en ascune lieu en mesme les parties de pardela pur le voyage alant retornant de chescun last Squar viz. lastas graves VI d This is the Ordinance and Grant by the advice of the Merchants of London and other Merchants towards the North by the Assent of all the Commons in Parlament before the Earl of Northumberland and the Mayor of London for the Guard and tuition of the Sea and the Coasts of the Admiraltie of the North with two Ships two Barges and two Ballingers armed and fitted for Warr at these rates following First To take of every Ship and Bark of what burthen soever it bee which passeth through the Sea within the said Admiraltie going returning for the Uoiage upon every Tun VI d Except Ships laden with Wines and Ships laden with Merchandises in Flanders which shall bee unladen and discharged at London and ships laden with wools skins at London or elswhere within the said Admiraltie which shall bee discharged at Calais which ships the Guardians of the said Sea shall not bee bound to convoy without allowance Item To take of every Fisher-boat that fisheth upon the Sea of the said Admiraltie for Herrmgs of what burthen soëver it bee for each week of every Tun VI d Item To take of other Ships and Fisher-boats that Fish for other kindes of Fish upon the sea within the said Admiraltie of what burthen soëver they bee for three weeks of every Tun VId. Item To take of all other ships and Uessels passing by Sea within the said Admiraltie laden with Coles from New-Castle upon Tyne of what burthen soever they bee for a Quarter of a year of every Tun VId. Item To take of all other ships Barks and Uessels passing by sea within the said Admiraltie laden with Goods of any Merchants whatsoever for Prussia or for Norway or for Scone or for any other place in those Parts beyond the sea for the Uoiage going and returning of every Last VId. So run the Records of Parlament which in that Age were almost all written in this kinde of Language Not such as arrived at shore were charged here as in most other places with Customs as upon the Account onely of the shore but those that passed or sailed by or used Fishing as well Strangers as Natives And this was upon the request also of the Estates in Parlament under Henrie the fift in the preferring of a certain Bill which I have taken out of the Records and set down at large hereafter That is to say they desired it as beeing very well instructed in the antient Law and Custom touching that particular and of the Kings Dominion Nor can any thing bee said more expressly for asserting the Dominion of the King of England over the Sea it self For it is clearly the interest of him who is Lord or Owner of the place to impose paiments and services within a Territorie Moreover in the time of Henrie VI William de la Poole Duke of Suffolk beeing accused in Parlament the principal head of the Charge was that hee had converted the Subsidie monie to other uses which had been imposed and levied for the Guard of the Sea The words in the English are For the Defence and tuycion and saufe keeping of the Sea as wee reade it in the Records A demand was made also in Parlament in the two and thirtieth year of the same King of fourtie thousand pounds For the defence and saufegard of the Sea as wee reade likewise in the Records But why do I cite them here In those Acts of Parlament which are published abroad in Print wee very often finde it as a thing asserted by the Estates of the Realm in Parlament that the Kings of England have time out of minde by autoritie of Parlament taken large sums of monie by way of Subsidie or Custom upon Merchandise either imported or exported For the defence of the Realm and the keeping and
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
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
were newly designed to cross over into Bretaign that they might bee arm'd and set forth in the King's service The Title of this Commission is De Navibus arrestandis capiendis For arresting and seizing of ships The Form of it run's thus The KING to his beloved Thomas de Wenlok his Serjeâ—nt at Arms Lieutenant of our beloved and trustie Reginald de Cobham Admiral of our Fleet of ships from the mouth of the River Thames towards the Western parts greeting Bee it known unto you that wee have appointed you with all the speed that may bee used by you and such as shall bee deputed by you to arrest and seiz all ships Flie-Boats Barks and Barges of ten Tuns burthen and upward which may happen to bee found in the aforesaid Admiraltie that is in the Sea reaching from the Thames mouth toward the South and West and to caus the Flie-Boats Barks and Barges aforesaid to bee well and sufficiently arm'd and provided for the warr by the Masters and owners of the same and to bring them speedily so provided and arm'd to Sandwich except onely the ships that are order'd for the passage of our beloved and trustie Thomas de Dagworth and his men that are bound for Bretaign so that you bee readie there in your own person together with the Ships Flie-Boats Barks and Barges aforesaid so well provided and fitted for the warr upon the Saturday next before the Feast of the Apostles Simon and Jude next ensuing at the farthest to go thence upon our Command according to such direction as shall then on our part bee given to the Masters and Mariners of the aforesaid Ships Flie-Boats Barks and Barges and to take sufficient Provision for the enabling of you to do the premises in such places as you shall see most convenient except onely Church-Land you making due paiment for the same and also to seiz and arrest all those that you shall finde to oppose or resist you in the execution of the premises and them to commit into our Prisons there to abide till wee shall think fit to take farther order c. All Officers also in the said Admiraltie are commanded to yield obedience and assistance upon the same occasion The usual subscription in that Age shewing the Original Autoritie of the Commission was By the King himself and his Council But that the aforesaid Sea it self was conterned under the name of the Admiraltie is clearly manifest by what wee have alreadie shewn you And King Edward the third used his antient Right as other Kings of England did also therein as well as in the Ports themselvs or Shores of England for there are innumerable examples of the staying of all Ships whatsoêver by the King's Command in Port or Shore But that which hath been alleged about the staying of Ships and Listing them for the King's Service you are alwaies to understand it was so don according to equitie that competent Pay was to bee allowed them answerable to the proportion of Tuns and also to the number of Sea-men that were so taken into emploiment Touching which particular there are several Testimonies also to bee found in the Records of Parlament That Licence hath been usually granted to Foreiners by the Kings of England to fish in the Sea Also that the Protection given to Fisher-men by them as in their own Territorie is an antient and manifest Evidence of their Dominion by Sea CHAP. XXI AS a freedom of passage so also wee finde that a libertie of Fishing hath been obteined by Petition from the Kings of England There is a clear Testimonie hereof in that which was alleged before out of the Records of Parlament concerning those Tributes or Customs that were imposed in the time of Richard the Second upon all persons whatsoëver that used Fishing in the Sea Moreover it appear's by Records that Henrie the Sixt gave leav particularly to the French and very many other Foreiners for one whole year onely somtimes for six Months c. to go and fish throughout the Sea at all times and as often c. But this leav was granted under the name even of a Passport or safe conduct yea and a size or proportion was prescribed to their Fishing-boats or Busses that they should not bee above XXX Tuns And it is true indeed there was a kinde of consideration or condition added that som others who were subjects of the King of England might in Fishing enjoy the same securitie with Foreiners Which was for this caus onely put into the Licence that if the Foreiners did disturb or molest them they should lose the benefit of their Licence The words of that consideration or condition in the beginning of those Licences run after this manner To the end that the business of the Herring-fishing and of other Fish may bee advanced continued and mainteined for the publick good yea and that the like securitie may bee yielded and afforded to som certain Fisher-men under our obedience I suppose that those certain Fisher men under our Obedience were also the French who at that time continued in subjection to the English whereas almost all in France except the Shore of Picardie had newly revolted from the King of England That is to say at the latter end of the reign of Henrie the Sixt. But that which wee finde either here touching equal securitie or in other places somtimes also about the giving of safe conduct even to the Fishermen of England by Licence granted either to French or Flemings or Bretaigns that usually hapned when the heat of War was over a Cessation agreed on to treat of Peace or Amitie In the mean time securitie of that kinde was given on both sides now and then by agreement But by the King of England as well in respect of his beeing Lord of the place as his beeing a partie that was treating about a League or Amitie By others upon this account onely not upon that unless you understand the question to bee about the use of Ports and Shores For so no man denie's but these were Lords as well as hee Moreover also in our time leav was wont to bee asked of our Admiral for French-men to fish for Soles in the neighboring Sea for King Henrie the Fourth of France his own Table as it is affirm'd by such as have been Judges of our Admiraltie and Commanders at Sea of an antient standing yea and that the Ships of those French were seized as trespassers upon the Sea who presumed to fish there without this kinde of Licence But in the Eastern Sea which washeth the Coasts of Yorkshire and the neighboring Counties it hath been an antient Custom for the Hollanders and Zelanders to obtein leav to fish by Petition to the Governor of Scarbâ—rough Castle situate by the Sea-side in the Countie of York and this for very many years past as is affirmâ—d by that learned man M r Camden speaking of those Coasts It is worth the while saith hee to note
and others as well Strangers as Natives Enemies as well as Friends may freely lawfully and without peril go unto pass to and fro and frequent the said Isle and the places upon the Coasts thereof with their Shipping Merchandise and Goods as well for shelter from foul weather as upon any other their lawful occasions and there to use free Commerce and Traffick and to abide with safetie and securitie and to com away thence and return at pleasure without any damage trouble or hostilitie whatsoëver in their Affairs Merchandise Goods or Bodies and that not onely near the Island and places aforesaid upon the Coasts and their Precinct but also within the spaces distant from them as far as a man may ken that is so far as the sight of the eie can attain And this is called a privilege which you see extend's so far into the Sea it self as the sight of the eie can pierce from the shore And if so bee this privilege did not proceed from the Kings of England as they are Lords both of the Sea and the Isles and by the same right that the Isles themselvs belong to them as hath been said before it cannot in reason bee imagined from whence it had its original There is not so far as wee know so much as a pretence of a Grant made by any other Princes But onely by the Kings of England who unless themselvs were Lords of the whole Sea flowing about by what Title and Autoritie did they ordein such a Truce so far within the Sea on every side between enemies of all Nations whatsoëver that came unto those Islands But as our Kings have very often commanded that all manner of persons should ceas from hostilitie not onely within the aforesaid Creeks but also throughout the spaces extended thence at pleasure into their Territorie by Sea so in like manner they indulged the like kinde of privilege for ever throughout these Coasts of the French shore that all manner of persons though enemies to one another might securely sail to and fro as it were under the wings of an Arbiter or Moderator of the Sea and also freely use the Sea according to such spaces or limits as they were pleased at first to appoint Which without doubt is a clear evidence of Dominion 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 CHAP. XXIII I Shall next of all cite several publick Records which are kept in the Tower of London wherein the Dominion and possession of the Sea is by the way expressly asserted as belonging to the King of England and that both by the King himself as also by the Estates of the Parlament of England as they were debating about other matters For that is the sixt head of the former Division King Edward the third intitle's himself and his Predecessors Lords of the whole Sea flowing round about in the several Commissions given to Geoffry de Say Governor or Commander of the Southern and Western Sea and John de Norwich of the Northern the limit of distinction beginning as it was usual at the Mouth of the Thames out of which Records wee here set down theform which is especially to bee consider'd so far as it make's to this purpose The KING to his Beloved and Trustie Geoffry de Say Admiral of his Fleet of Ships from the Mouth of the River Thames toward the Western parts greeting Whereas Wee have of late commanded you by Our Letters that you together with certain Ships out of the Cinque-ports which wee have order'd to bee furnished and made readie for war according to our Command should set forth to Sea to oppose and resist certain Gallies provided and inforced with men of war in divers forein Parts which as Wee were inform'd were set out towards the parts of our Dominion to aggriev Us and Our people or els to turn their cours toward the Coasts of Scotland for the relief and succor of our Enemies there And in regard it hath been related by som that Gallies of that kinde to the number of XXVI are newly com to the Coasts of Bretaign and Normandie and do still abide there as it is supposed to do what mischief they can against Us and Ours or to succor Our said Enemies as is aforesaid Wee calling to minde that OUR PROGENITORS THE KINGS OF ENGLAND have before these times been LORDS OF THE ENGLISH SEA ON EVERIE SIDE yea and defenders thereof against the Invasions of Enemies and seeing it would very much grieve Us if our Kingly honor in this kinde of defens should which God forbid bee lost in our time or in any sort diminished and desiring with God's help to prevent dangers of this nature and provide for the safeguard and defens of the Realm and our Subjects and to restrain the malice of our Eenemies Wee do therefore strictly require and charge you by the duty and Allegeance wherein you stand bound according to the special trust reposed in you that immediately upon sight of these presents and without any farther delay you do set forth to Sea with the Ships of the Ports aforesaid and the other Ships which are now readie and that you arrest the other Ships in obedience to our command which Wee lately requir'd you to arrest But so that they might bee readie and provided to set forth according to Our aforesaid Command seeing Wee caused the Masters and Marriners of the same Ships to bee prepared and gather'd together whether they were within your Liberties or without and to caus them beeing well provided of men of war and other necessaries to hasten out to Sea with the aforesaid Ships and that with all diligence you make search after the aforesaid Gallies and other Ships of War abroad against us and stoutly and manfully set upon them if they shall presume to bend their cours for the end aforesaid toward the parts of Our Dominion or the Coasts of Scotland And if they steal away from you so that you cannot meet with them then you are with the aforesaid Ships of our Fleet without any delay to follow after the same Gallies and Ships of War set out against Us if they shall make towards our Kingdom or the Coasts â—f Scotland aforesaid and courageously to destroy them for the conservation of our Royal honor But yet Wee will not that you occasion any hurt or hindrance to Merchants or others passing by Sea who have no intention to offend Us and our Subjects or to succour our Enemies Then follow 's a power to press Seamen and som other matters of that kinde The day also and Autoritie is subscribed after this manner Witness the King at the Town of S t John the sixteenth day of August By the King himself and
Sea from the Law of Nations denie a Dominion and wrest other things by way of Argument out of the Writers of the Imperial Law which are clearly contrarie to our English Right as also to the Intervenient Law of Nations which hath continued in force for so many Ages about the Dominion of the Sea Either I say the same must bee said of them or els that they did not so much make choice of Arguments which they thought were true to serv the present occasion as of such that might seem to have the greater force and autoritie among those Civil Lawyers with whom they were in Treatie Nor is it a new thing that Civilians should speak of a natural and perpetual communitie of the Sea even where it is most certain that a Dominion thereof is admitted from all Antiquitie in the very Territorie wherein they themselvs are comprehended as I have formerly declared There are also very many Rights among us belonging either to the Exchequer or to such as enjoy the Right of the Exchequer by Grant from the King which som conceiv to bee grounded upon that Sea-Dominion whereof wee discours As the confiscation of Goods derelict in the Sea and of som of the greater sort of Fish as Wale-Fishes Sturgeons and others And for the most part that of the Satyrist hold's good Quicquid conspicuum pulchrúmque ex aequore toto est Res Fisci est ubicunque natat Goods in the sea of any worth and note Belong to th'Chequer wheresoëre they flote Besides wreckt goods cast out ashore when no living creature belonging to the ship remain's alive But these things do not onely appertain to him that is Lord of the Sea but somtimes also to others in other Nations And they for the most part depend either upon the Law or Custom of som Land as in the case of Goods cast ashore or of such as are found and imported or els upon a Right over such Persons as shall first possess them as in the case of any Goods whatsoâ—ver derelict or found in the Sea and others of that kinde Therefore I thought it not meet to draw those things here into Controversie Som antient Testimonies of less account touching the Sea-Dominion whereof wee Treat CHAP. XXV But his intent is earnestly to perswade the English that it is their main interest diligently to guard the Sea whereof the Kings of England are Lords and to defend it with all their might as the perpetual prop and support of their Empire Hee saith also that the same advice was given by the Emperor Sigismund at his enterview with our Henrie the Fifth for the procuring of on peace betwixt him and Charls the Sixth King of France Give mee leav to set down his words The true processe of English policie Of utterward to keep this region Of our Englond that no man may denie Nor say of sooth but it is one of the best Is this that who seeth South North East and West Cherish merchandise keep the Admiraltie That we be Masters of the narrow See For Sigismund the great Emperour Which yet reigneth when he was in this lond With King Henrie the fift Prince of honour Here much glory as him thought he found A mightie land which had taken in hand To warre in France and make mortalitie And ever well kept round about the See And to the King thus he said My brother When he perceivaed two towns Calys and Dover Of all your towns to chuse of one and other To keep the Sea and soon to com over To werre outwards and your reign to recover Keep these two towns sure and your Maâ—estie As your tweyne eyne so keep the Narrow See For if this See bee kept in time of warre Who can here passe without danger and woâ— Who can escape who may mischief differre What marchandie may for by be agoe For needs hem must take trewes euery foe Flanders and Spaine and other trust to me Or else hindred all for this Narrow See What is conteined more at large in these Rhythmes you have the sens of it contracted above in few words It is not worth while to render the words themselvs The same Versifier also proceeds thus But King Edward made a siege royall And wanne the town and in speciall The Sea was kept and thereof he was Lord Thus made he Nobles comed of Record Wee have also divers other very large Domestick Testimonies of this thing which are added in the next place beeing mingled together with the antient Recognition or acknowledgment of forein Nations concerning the same That the Sea-Dominion of the Kings of England is acknowledged by Foreiners whom it most concern's 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 CHAP. XXVI WEe are com now to Foreiners And it is clearly evident by what wee have discoursed before either touching the limits set for Navigation by the King of England or the Licence of passage through this Sea often desired by Petition that som of them have indeed acknowledged this Dominion But there are two Testimonies more notable than the rest which shew if you consider chiefly as you ought their beeing Neighbors and such whom it concerned that they generally did the same The one is the usual striking of the Top-sails by every Ship of any Forein Nation whatsoêver if they sail near the King's Navie or any Ship belonging to the same Navie in the Sea The other is a Libel published of old or a Bill of complaint instituted wherein very many forein Nations heretofore in the time our Edward the First did all together and by common consent with the English acknowledg the Dominion of the Kings of England by Sea Whereto I shall add also a particular declaration of that kinde made by the Flemings in an Ambassie to our Edward the Second But that the striking of Sails is don not onely in honor of the English King but also in acknowledgment of his Soveraigntie and Dominion in this Sea is I suppose a thing out of question Certainly the French cannot doubt of it who by such a kinde of striking would have had themselvs heretofore acknowledged Lords of our Sea but in vain That is to say they were as much over-seen in the former Age in setting forth two Edicts or Ordinances to require and ratifie such a kinde of striking Sail to themselvs by all Foreiners as they were in so rashly vindicating the Sea-Dominion of the King of England Concerning those Edicts wee spake before in the former Book Neither of which was received as valid in any Court of Justice according to a decision made in the supreme Court of Parlament which wee have observed also in that place Yea and here I shall set down the very words used by Ludovicus Servinus Advocate general to the King of France to magnifie the Autoritie of those Edicts or Ordinances at
cognisance of things don contrarie to this Truce and pass their Judgments according to the Law or Custom of Merchants and the Form of Sufferance After a revolution of som years wherein this kinde of Truce took place and somtimes not a League was made in the year of our Lord MCCCIII which is the one and thirtieth of Edward the first The first Article of that League is that those Kings should not onely bee at amitie with each other but also that they should defend one another in all manner of Rights against any others whomsoêver except the Church of Rome and on the part of the King of England his son in law John Duke of Brabant but on the part of the King of France Albertus King of the Romans and John Earl of Henault But the third Article thereof for the first and third is of singular use in that Libel or Bill of Complaint as will appear by and by is this Item il est accorde qe l'un ne receptera ne sustendra ne confortera ne fera confort ne aide as Enemies de l' autre ne soffera qu' ils eient confort souccors ne aide soit de gent d' armes ou de vitailes ou d' autres choses queles q' eles soient de ses terres ou de son poiar mais adiondera sur peine de forfature de corps d' avoir empeschera à tot son poair loiaument en bon foi qe les dits enemies ne soient resceipts ne confortes es terres de sa seignurie ne de son poiar ne q'ils en aient confort soccours ne aide soit gents d' armes des chevaux d' armeures de vitails ou d' autres choses queles q' eles soient which is in English to this effect that according to this contract of amitie they were neither of them in any wise to cherish the enemies of the other nor suffer any kinde of aid or relief to bee afforded them in their Territories The war beeing thus at an end becaus there arose very many complaints concerning injuries don up and down as well in the more open as in our own Sea during the special Truce afore mentioned but also it was probable that others of that kinde might arise perhaps after the League was made especially by reason of the differences at that time betwixt the French King and the Earl of Flanders therefore Commissioners were appointed by both Princes to hear and decide them And those at that time on the behalf of the King of England were Robert de Burghershe Constable of Dover Castle and John de Banquell Steward of Pontoise Baraldus de Sescas and Arnaldus Ayquein Knights on the French King's behalf were appointed the Lord Saquilly Mittonius Blanvillius Bertrandus Jordanus and Gulielmus Ralastansius Knights also To the end that they might take cognisance so it is in the King of England's Commission des enterprises mesprises forfaites en Treve ou en Sufferance entre nos le dit Roy de France d' un part d' autre es costeres de la mer d' Engleterre autres per deceâ— ausint per devers Normandie autres costeres de la mer per de la that is of encroachments injuries and offences committed on either side in time either of the League or Sufferance or of the Truce agreed on between Us and the said King of France for freedom of Commerce onely either upon the Sea-Coasts of England or any other neighboring Coasts of the Sea either towards Normandie or others more remote But the aforesaid parties were autorised by two Commissions in such manner that the one Commission contained four and the other also four an equal number beeing appointed by both the Kings They both bear date the last day of June MCCCIII To these Commissioners or others of that kinde the Libel was jointly exhibited by Procurators on the behalf of the Prelates and Peers of England also of the high Admiral of England yea and of the Cities and Towns throughout England and lastly of the whole English Nation and others subject to the King of England and how this could bee don otherwise than by autoritie of the Estates in Parlament is not to bee imagined With these in like manner were joined the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoëses Catalonians Spaniards Almains Zelanders Hollanders Friâ—slanders Danes and Norwegians besides others under the Dominion of the Roman German Empire All these together instituted an Action or Complaint against Reyner Grimbald who beeing Governor of the French Navie had during the war between King Philip of France and Guie Earl of Flanders intercepted and spoiled Merchants of their Goods in this Sea that were bound for Flanders And all these Complainants jointly say that the King of England and his Predecessors have time out of minde without controversie enjoied the Soveraigntie and Dominion of the English Sea and the Isles of the same by right of their Realm of England that is to say by prescribing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished than with such necessaries as belong to Merchants and by demanding suretie and affording protection in all places where need should require and ordering all other things necessarie for the conservation of Peace Right and Equitie between all sorts of people passing through that Sea as well strangers as others in subjection to the Crown of England Also that they have had and have the Soveraign Guard thereof with all manner of Conisance and Jurisdiction in doing Right and Justice according to the said Laws Statutes Ordinances and Prohibitions and in all other matters which may concern the exercise of Soveraign Dominion in the said places To wit such matters as concern'd the office and jurisdiction of the Admirals that were wont to bee appointed by the Kings of England Then adding the first Article afore-mentioned of the League made but a little before whereby both Kings were obliged to defend one another's right they proceed in their Accusation against Grimbald saying That hee is onely Master of the Navie of the King of France but call's himself Admiral of the said Sea and pretend's that hee was autorised under that title by the King of France upon occasion of his making warr against the Flemings And that after the making of the said League and contrarie to the intent and meaning of the same hee had for above a years time unjustly assumed aâ—d usurpâ—d the office of Admiral in the said Sea by autoritie of the King of France his Commission taking the People and Merchants of England and other Nations passing through that Sea imprisoning and spoiling them of their Goods and delivering them up to the King's Officers as Goods forfeited and confiscate And whereas hee hath in a very insolent manner justified these actions of his in writing as don by autoritie of the King his Master's Commission as also according to
that Libel by so many Nations Moreover truly it is worthie observation that about the very same time to wit a little before the making of the League the King of England did homage to the French King for the Dutchie of Aquitain the Earldom of Pontois and other Provinces that hee held in France that hee was also wholly deprived of them som time before by decree of the Parlament of Paris yea and that about one hundred years before King John was outed of Normandie and yet afterward that the King of England now and then regained a possession of it and that before the time of the League and of the publication of this Libel which serv all to this end that wee may observ that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain and the absolute Dominion thereof was asscribed by so many Nations upon a Title derived time out of minde to the King of England and his Predecessors yet in the mean time no title at all was pretended in right to their possession either of Normandie or Aquitain whereupon a Dominion of any part of the Sea might in any sort bee grounded but claimed upon the sole right of the English Empire And it appear's evident by the thing it self that the things complained of by those Nations in the Libel were don by that Governor of the French Navie chiefly in the Sea near the shores of France and Flanders which were in hostilitie with each other And so certainly they all unanimously affirm that the whole Sea whereof they speak is under the Dominion of the King of England and that upon the sole Account and right of the English Empire And as for Grimbald hee did not defend himself either by a pretence of any Dominion of the King of France or by disproving of that Prescription whereupon the English Title depend's as a thing not declared according to Truth or antient Right nor did hee at all pretend that the Right which the Kings of England had in the Sea borde ring upon France did belong to them either upon the account of Normandie or any other French Province whatsoêver as Fiduciarie Clients or Vassals of the King of France though it had been convenient and very seasonable for him to have alleged all these Particulars if the Truth had been so indeed Whereby also that is not a little confirmed whereof wee discoursed before about taking the names of the shore over against us in the later Commissions of the Office of high Admiral of England for limits onely of the Sea-Dominion of the Kings of England and of the Province thereof under their protection Moreover also about seven years before the exhibiting of the aforesaid Libel to the Commissioners when as the King of France by reason of divers heinous injuries don to his Subjects by the English in this Sea required that the King of England as hee was the Fiduciarie Client or Vassal becaus of Aquitain and other Provinces that hee held under him in France should bee questioned not onely for wrong don but also for his right to those Lands which hee held and bee summoned to appear in the Parlament of Paris the matter beeing set down at large in the Letter of Summons hee inserted nothing therein whereby hee might seem to arrogate any Sea-Dominion at all to himself or diminish that which belong'd to the King of England as you may see in I lorilegus who hath set down an entire Copie of them in his Annals The same Autor also speaking of the same Time saith At that time there was neither Lord nor Law over the Sea men but what every man was able to catch or snatch hee called his own which plainly denote's an extraordinarie Licence or of Depredation and infesting the Sea yet so to bee understood that in the mean time the incomparable power of the English in Shipping which guarded their Dominion by Sea according to the Custom of their Ancestors was chiefly signified thereby the King very freely permitting his Subjects to use depredations by Sea as long as the war continued For Florilegus himself relate's that great numbers both of French and Spaniards were then taken at Sea by the English Yea and about that time Thomas of Walsingham write's that either a French or Norman Navie of two hundred Sail which roved about this Sea to rob the English were overcom by a Fleet of sixtie English Ships and brought into England There is also another antient Autor of the same time when these affairs were acted who saith That in the Month of May MCCXCIV there fell out a Quarrel between the Sea-men of the Cinque-Ports of England and the Sea-men of France and it was determined by a fight at Sea wherein the English with a Fleet of one hundred Sail took two hundred Ships of France and drowned or killed almost all the Sea-men of France for which caus Philip King of France endeavored to take away Gascoign from the King of England Others there are likewise that have other expressions touching these things whereby it is easie to collect what is meant by that of Florilegus when hee saith that there was neither Lord nor Law over Sea-men at that time that is to say the King of England had let the reins loos to his Subjects as Moderator of this Sea and this hee did that they might not onely restrain his enemies but them also that should reliev his enemies in any manner whatsoêver or that should use the Sea otherwise than at his pleasure who was Lord thereof But as concerning the like acknowledgment made singly and apart by the Flemings of the Dominion of the Kings of England over the Sea I shall Treat by and by after that I have in the next place set before you the Libel it self in its own that is the Norman Tongue as it stand's recorded in the Tower of London A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter CHAP. XXVIII IN the Archives of the Tower of London where Records of above four hundred years are kept there is a bundle of Parchments which contein som affairs relating to the times of Henrie the Third and of Edward the First and Third The first contein's an agreement made between Edward the First and Guy Earl of Flanders touching their Ships bearing of Colors about this Sea to the end that they might bee the more easily known Then there are annexed three either Originals or Copies of the said Libel written at the same time For as it seem's the several Procurators of those Nations that were parties in the Complaint had their several Libels though expressed in the name of all together So that one is endorsed thus De Baiona as if that Libel had been exhibited singly by the men of Bayonne but the title run's thus De Superioritate Maris Angliae Jure Officii Admirallatûs in eodem
Sea That the Kings of England never had prohibited Navigation and Fishing in the Irish Sea between England and Ireland as if they would have had it proved from thence that the Dane ought not to bee prohibited Fishing or Navigation between Island and Norway becaus neither were Lords of the Sea but had possessed the Shores onely on both sides by an equal Right There were other particulars also no less rashly spoken touching a communitie of the Sea as wee observed before Concerning Navigation and Fishing in the Norwegian Sea I shall add more by and by But as it was ill don of those Commissioners in that Treatie to make use of an Argument drawn from a necessarie communitie of the Sea so there is no truth in that which they let fall concerning the Irish Sea For wee know that not onely those pettie Potentates bordering near the Sea heretofore that were in Rebellion and had usurped the Kings Right in many places of Ireland did exact grievous Tributes of Foreiners for the very libertie of Fishing but also it was expressly provided by Act of Parlament that no Foreiner should Fish in the Irish Sea without leav first obteined to this purpose from the Lord Lievtenant or som other lawsul Deputie or Officer of the King of England yea and that all Foreiners should pay yearly for every Fisher-boat of XII Tons or upward thirteen shillings and four pence and for everie lesser Vessel two shillings upon pain of forfeiting their Vessels Furniture and all Goods whatsoëver if so they refused this kinde of paiment or did not acknowledg this Soveraignite of the Lord of the Sea But I shall insert the whole Act touching this business that wee may understand what was the most received Opinion of all the Estates of Ireland touching this Right here of the King Item at the requeste of the Commons that where divers vessels of other landes fro one daie to other goynge to fish amongst the kings Irish enemies in divers partes of this sayd land by which the kings said enemies bee greatlye advanced and strengthened aswell in vitualles harneys armor as dyvers others necessaries also great tributes of money given by every of the said vessells to the said enemies from day to day to the great augmentation of their power and force against the King's honor and wealth and utter distruction of this said land thereupon the premisses considered it is enacted and ordeined by aucthoritie of the said Parliament that no manner vessell of other landes shall bee no time nor season of the yeere from henceforth from the feast of the Nativity of our Lord Jesus Christs next comming go in no part of the said land betwixt the said Irish enemies to no manner fishing without one special licence of the Lieutenant his deputy or Justice of the land for the time being or licence of another person having the kings power to grant such licence upon paine of forfaiture of the shippe and goods to the king And that whatsoever person or persons that find or impeche any of the said vessells rumpants or forfaites against this act by the auctoritie of the same it bee lawfull to them so making any claime in behalfe of the King and approving the said forfaytures by any of the said vessels to be made that the king shall have th' one moitye of the said forfeyture and the said person or persons shall have th' other without anye impechment and that all manner vessells of other lands comming in the said land of Ireland a fishing being of the burden of twelue tunnes or lesse haveing one Drover or boate everye of them to paye for the maintenance of the Kings warres there xiii s. iiii d. by the yeer And all other small vessells as scarfes or boates not haveing Drover nor lighter being within the said burden of twelve runnes every of them shall paye twoe shillings goings a fishing in the like manner Provided alwayes that no vessell fyshing in the North parte of Wicklo be charged by reason of this art and that the Lieutenant his deputy or Justice of the land for the time being shall have the foresaid summes and duties of mony so paid to be imployed in the Kings warres for the defente of the said land and that the Customers and Collectors of the same summes shall accoumpt before the said Justice Lieutenant or Deputy for the time being or such Auditors that shall be for the same appointed by the king or them and not before the Barons of th'exchequer in the said lande and that none of the saide vessels so comming from other parts in the saide lande shall not depart out of the saide lande till every of them pay their said duties upon pain of forfeiture of the vessels and goods to the King There are som also who affirm that the King of Spain obteined leav by request from our Queen Marie for XXI years to fish in the more Northerly part of the Irish Sea and that thereupon a Revenue of one thousand pounds per annum was advanced to the Exchequer in Ireland A Proclamation also was set forth by James King of great Britain prohibiting any foreiner without leav first obteined to fish in this Irish Sea But as to what concern's that Controversie about the Isle of Man although it bee remember'd by Giraldus who wrote in the Reign of Henrie the Second nevertheless it is to bee conceived that it arose in the more antient times of the English-Saxons when all that lie's betwixt England and Ireland was in subjection either to the Kings of Ireland or Britain that is when both of them had in this Sea distinct Territories of their own whose Bounds were in question Certain it is as Beda write's that Edwin the most potent King of the Nortbumbrians or rather of all the English-Saxons subdued the Mevanian Isles to the Dominion of England about the year DCXXX That is to say both that Mevanian which wee call Anglesey the other also which is Man whereof wee discoursed But in the later time of the Anglo-Saxon Empire the Norwegians or Danes who exceedingly infested both this and the North-east Sea with very frequent Robberies at length seized both this Isle and the Hebrides and held them almost two hundred years So that in the mean time this of Man could not in a Civil sens bee ascribed either to Ireland or Britain But that the Kings thereof were at that time Lords as well of the neighboring Sea as of the Isles may bee collected out of their Annals where we find that Godred whose sirname was Crovan King of Man in the year of our Lord MLXVI brought Dublin and a great part of Laynster under his subjection And so throughly subdued the Scots that no man who built a Ship durst drive in more than three Nails So that hee gave both limitation and Law to the Shipping of his Neighbors which is all one as to enjoy the very Dominion of the Sea as I have shewn in
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
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