Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	parliament_n	1,836	5	6.6012	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59088	Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.; Mare clausum. English	Selden, John, 1584-1654.; Nedham, Marchamont, 1620-1678.	1652 (1652)	Wing S2432; ESTC R15125	334,213	600

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 potestate●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 a●tem the desired effect at length in the Parlament of our said Lord the king held at Westminster in oc●abis Sancti Micha●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 s●●t by virtue of his Roial Autoritie caus enquirie to bee ma●● and do Justice about a certain depredation la●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 R●●●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 Terr●●or●● 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 ●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

such impediments as either by Pirates or Potentates as well of Italie as of the opposite shore at divers times have been raised And for the clearing of such doubts as might arise by the subtil construction of words hee added that although those who took upon them to speak in the strict terms of the Law were wont to say that such things onely were gained by Custom which by the Civil Law beeing to bee common were notwithstanding converted to a private benefit yet without any impeachment of the publick profit as to fish in a River without impeachment of Navigation yet for all that the Title of Custom cannot bee unproperly given where there shall bee gained and continually kept in possession and Dominion a quantitie either of Sea or Land abandoned and of no man possessed as Bartholus Baldus Castro and others do affirm And although that by title of Prescription a thing cannot possible bee said to bee possessed unless by the occupation of it another bee thereof spoiled and dispossessed which title come's not in this place forasmuch as the Republick hath not spoiled any of the possession of the Sea but hath seized upon it finding it abandoned without Patron or Possessor notwithstanding in som sort it may bee called Prescription as if a Falcon were let flie and cast off by its master and thereupon growing wilde should after bee taken up by another and by him mann'd and for a long time fed although not properly yet not absurdly it may bee said that this second master hath it by Prescription Likewise to speak in terms of Law the proprietie of speech doth not admit the use of this word Servitude unless to the proper Territorie of a State there bee gotten som power over another State and yet that State remain's Patron of its own notwithstanding in this sens the Republick hath not brought the Sea in servitude to the Citie of Venice becaus it hath not gotten any special use or command over it the Dominion for all that remaining to another Patron but hath assumed the total and intire Dominion thereof which was before abandoned neither by any governed or protected nevertheless it may in a certain proportion bee called Servitude inasmuch as the Republick hath been constrained to assume the total Dominion and Government thereof for the service of the Citie of Venice whereof it had necessarie use Now as touching the Privilege of keeping this Sea and who was the Donor this neither can here have any place forasmuch as at the time of the assumption of it there was not any who could make any grant thereof the Emperor of the VVest never having any Power or Autoritie over it and as little superioritie or jurisdiction had any other western Prince and therefore could so much the less give it to another The Emperor of the East not having force sufficient to keep it had long since abandoned it and beeing thereupon divested of all the Power hee had over it and of the Possession thereof never made any grant thereof in the successive Peace and Treaties which happened afterwards betwixt the said Empire and the Republick Notwithstanding all which the Italian Lawyers as Professors of the Cesarean Law sworn to the very words of it beeing besides most devoted to his Imperial Majestie as if at this present day Augustus or Antoninus did reign do force themselvs with all extortion to verifie upon the western Emperor that saying Imperator est Dominus Mundi The Emperor is Lord of the world VVhich at that very time when it was first pronounced was not true in the hundred part of the world and at this present not in any considerable proportion And whilest they would honor the Emperor and give him with such words as these that which hee neither hath nor can have they consider not the absurditie of the speech as if they should say that no King possessed any estate lawfully unless it were granted him by the Emperor which is as true as when they affirm that the Venetians possess the Adriatick Sea by an Imperial privilege But it appear's clear enough in what sens this is spoken by them becaus there is none of them do intend thereby that there was ever any such Grant made thereof by the Emperor but by that they do figuratively intend a privilege assumed by immemorable possession which possession they interpret to bee with the knowledg and sufferance of the Emperor which is as much as if they should say that Christian Kings possess their Kingdom and the Republick possesseth the Adriatick Sea as lawfully by their title of acquiring it as if those Kingdoms and that Sea had belonged to the Emperor and from and by him to those Princes and to the Republick afterwards granted So spaciously did Chizzola dilate in speaking of the opinion of the Lawyers it beeing the field of his profession hee concluded that any one might rest satisfied as well in truth as in reason that by the Autoritie of the said Doctors there were sure foundations laid to the caus which hee did defend After the testimonie of the Lawyers hee added that of the Historians who do relate that the Republick for more then 300 years past did receiv Custom of such as sailed that Sea and kept armed vessels in a readiness for to compel all such Ships so sailing to go to Venice testifying moreover that even unto their present time the same Custom was observed But upon their attestations hee dwelled not much saying that though they were good Testimonies of preceding occurrences yet when one goeth about to prove the interests of Princes or of private persons hee ought to help himself by authentick writings and to use the Historians with great discretion som of them beeing moved by love others with hatred and others with hope of preferment which constrain's them oftentimes to use flatterie or Hyperboles upon which cannot bee laid any sure foundation Wherefore hee produced an act of the general Council of Lions anno 1274 where the Abbot of Nervesa beeing delegated by the Pope upon a pretension of those of Ancona to have free Navigation upon the Adriatick Sea sentenced that the demand should bee rejected and that the Venetians should not bee molested in the defens and protection thereof from the Sarazens and Pirates neither should bee disturbed from exacting thereupon their Rights and Customs which they had of victuals merchandise and other portable Commodities Chizzola likewise added that it is clean out of memorie when first of all there was created in Venice a Captain of the Gulf becaus in the year 1230 the Chancerie was burned with the memorials of all such elections but from that time to this present hee could shew out of the publick Registers the continual succession of the said elected Captains without any interruption Likewise hee added moreover that there remain the Registers from that time to this of the Licenses granted to pass the said Sea with armed vessels or ships of war and to