the Coast of France For although Aquitain indeed was first added to the names of England and Ireland in that Commission while the English possessed the Dutchie of Aquitain nevertheless it not onely so remained likewise in that form of Commission constantly even after the expulsion of the English until our times but Normandie also which had never been named before in the Commission of high Admiral of England was added and this som Ages after that the English were wholly deprived of the Dutchie it self So that either these names do serv in stead of a Limit to the Sea under his protection or els wee must perforce admit contrarie to reason that they signified nothing in the Commission for so many years For wee see that those names of opposite Shore were reteined in the Admiral 's Commission even from the end of Queen Marie's Reign until our times or for the space of 77 years though the English in the mean time were not possest of the least part of France as also that Normandie was added many years before but yet long after the English were outed of its possession Nor ought any man fondly to imagine that these Names were inserted becaus of that right the King of England had to the Crown of France For indeed the Kings of England have by an antient Right usually entitled themselvs Kings of France Also the Dutchies of Aquitain and Normandie and the other Provinces of France mentioned in this Commission are comprehended in that name of the Kingdom as the lesser in the greater But if that had been the caus certainly the name of France should have been ascribed to our Admiral yea and other Officers of that Kingdom have been made in the same manner by the King of England after hee was driven thence Of which thing there is not the least evidence indeed any where exstant And it is to bee observed as soon as ever an alteration was made in the Draught of the Commission from that denomination of the Command of the Admirals of England which was derived from the Fleets and Coasts over which they had command unto that which is made up of the Kingdoms and Provinces that then an Addition was made of Aquitain to the end that the limit or bound as well on this as the other side of the Sea might bee pointed out by the Shores The name of Normandie beeing added afterwards and reteined still together with Calais and the Marches thereof and Aquitain upon the same account But while that the Kings of England were in former times possest of Normandie Aquitain and other Countries in France there are not found in the form of Commission wherein the Kingdoms and Provinces as hath been alreadie shewn are expressly nominated any other Admirals or Governors of the Maritim Province or Dominion by Sea made by them besides those to whose care the Fleets and Coasts were committed in the manner alreadie mentioned that is to say the whole Sea flowing between our British Isles and the Provinces over against them and the Fleets belonging to any Territories whatsoëver of the Kings of England were at that time by a peculiar right of the Kingdom of England in the Sea so subject to them who were so put in Command over the English Fleets and Coasts that there remained neither place nor use for any other Commanders of that kinde Which may bee said likewise of those times wherein som of the Kings of England stood possessed also of the Kingdom of France as Edward the Third and the two Henries 5 th and 6 th Nor is it a bare conjecture that they did not put any others in command over the Sea and Fleets besides those to whom by right onely of the Kingdom of England the power was committed to wit according to that right which comprehended the whole Sea flowing between but it is sufficiently proved also upon this ground that wee have the antient publick Records of those times touching the Offices constituted by our Kings in France and those Provinces beyond Sea in most whereof I finde not the least sign of the contrarie And if it bee demanded here wherefore it was that the Shore of Bretaign was omitted which in like manner lie's over against our Isle of Britain and together with the Shore of Picardie Normandie and Aquitain sufficiently take's up that whole Tract which stretcheth it self in the Realm of France before the English and Irish Sea certainly if the aforementioned reason take place there is little caus to doubt that it hapned thence becaus the King of England was not at any time so possest of Bretaign that beeing outed of it hee needed to bee very sollicitous touching the Bounds of the Sea-Territorie adjoining Distinct Lords of Territories confining on each other as were the King of England and Duke of Bretaign heretofore for Bretaign had Kings and Dukes of its own before Charls the Eight under whom Anno Dom. 1491. it was united to the Realm of France do for the most part keep their Bounds so distinct that they may bee the more evidently taken notice of by all but when of such kinde of Territories there is but one and the same Lord as the King of England was while hee possessed either Normandie or Aquitain or any other Maritim Province in France together with England hee beeing outed of either ought above all things to take care that the past confusion of possession bee not prejudicial to the future distinction of Bounds For fear then lest it might have been pretended that even the Sea adjoining or confining with those Maritim Provinces which were a long time heretofore possessed by the English and afterwards taken away was taken away together with the Provinces whenas perhaps by reason of the past confusion of possession in one and the same Lord all men might not bee sufficiently instructed touching the Bounds of the English Sea placed as wee have said upon the Shore over against us therefore for the setting forth of those Bounds the name first of Aquitain after its beeing lost was reteined in the Admiral 's Commission and then that also of Normandie was added And afterwards both of them with the name of Calais and the Marches in stead of the Shore of Picardie were for the same reason continued down to our times Which reason truly could not concern Bretaign at all nor Flanders likewise nor any other Shores lying Eastward over against us All which nevertheless do after the same manner bound the Sea-Territorie of England Moreover those things that have been hitherto observed shall bee confirmed by what wee shall add next touching the Office of Admiral among the French Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may
what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Zelanders use to have in the neighboring Sea having first obteined leav from this Castle according to the antient Custom For the English have ever granted them leav to fish reserving alwaies the honor and privilege to themselves but through a kinde of negligence resigning the profit to Strangers For it is almost incredible what a vast sum of mâ—nie the Hollanders make by this Fishing upon our Coast. So he There is another man also of very great skill and knowledg in Sea-affairs who in the time of Q. Elisabeth presented a Book to the Parlament written in the English Tongue about the Commoditie of Fishing wherein hee write's that the Hollanders and Zelanders every year toward the later end of Summer send forth four or five hundred Vessels called Buffes to fish for Herrings in this Eastern Sea Where before they fish they ask leave of Scarborough which are his very words Care was taken also by Proclamation in the time of K. James that no Foreiner should Fish in the English or Irish Sea or that which belong's to the other Isles of the Realm of England without leav first obteined and every year at least reneâ—ed from the Commissioners appointed for this purpose at London And touching the libertie of fishing granted at other times also to Foreiners by the Kings of England there are many Testimonies in other Writers But the caus why wee do not often meet with the Forms of those Licences granted either for passage or fishing in the English Sea was plainly this becaus by the Leagues that were made with the neighbor Princes a Licence or freedom of that kinde as also of Ports Shores Passage and other things was so often allowed by both Parties that as long as the League was in force the Sea served as if it were a common Field as well for the Foreiner that was in amitie as for the King of England himself who was Lord and Owner But yet in this kinde of Leagues somtimes the Fishing was restrained to certain Limits which is a thing chiefly to bee consider'd The limits related both to place and time So that according to agreement the Foreiner in amitie might not fish beyond these Limits the K. of England reteining a Dominion over the whole adjoining Sea Touching this there is a notable Example in the time of our Henrie the Fourth An agreement was made betwixt the Kings of England and France that the Subjects of both might freely use Fishing throughout that part of the Sea which is bounded on this side by the Ports of Scarborough Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine The time also was limited betwixt Autumn the Kalends of Januarie following And that the French might securely enjoy the benefit of this agreement our King directed Letters to that end unto all his Sea-Captains and Commanders Here you see plainly those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west and also from that which lie's North east of them as beeing so limited by our Henrie at his own pleasure as its Lord and Soveraign Nor was there so much as the least shadow of right or Prerogative whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North nor had hee any Countrie lying before the Sea in the South except Normandie or in the West the rest beeing held either by the Duke of Bretaign or by the King of England as wee have alreadie observed From hence truly it was a Custom for the Kings of England to give protection to Fisher-men that were Strangers somtimes by Proclamation and somtimes with a Fleet of men of War when they went to Fish either by agreement made upon treatie or by leav obteined qualifications beeing added according to the English King's pleasure There is among the Records of the time of Edward the First an Inscription Pro hominibus Hollandiae c. For the men of Holland and Zeland and Friesland to have leav to fish near Jernemuth The King's Letter for their protection follow 's thus The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting For as much as Wee have been certified that many men out of the parts of Holland Zeland and Friesland also who are in amitie with us intend now to com and fish in Our Sea near Jernemuth Wee command you that you caus publick Proclamation to bee made once or twice everie week that no persons whatsoëver imploied abroad in our service presume to caus any injurie trouble dammage hindrance or grievance to bee don unto them but rather when they stand in need that yee give them advice and assistance in such manner that they may fish and persue their own advantage without any let or impediment In Testimonie whereof Wee have caused these our Letters to bee made Patents to continue in force till after the Feast of St Martin next ensuing Witness the King at Wengham the XXVIII day of September Which was in the XXIII year of his Reign and of our Lord MCCXCV The same day also in favor of the â—arl of Holland and his Subjects hee set forth three men of War toward the farther Coast of the Sea for the safeguard as hee saith in another Letter of those Uessels belonging to your and our own Countrie that are in these daies emploied about the Herring Fishing c. and to guard your Coasts near the Sea Here hee grant's a Protection to fish And in both the Letters hee limits it within the space of two Months Hee alone also protected the Fisher-men upon the Geâ—man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Eaâ—l of Holland as well as upon the English Nor might the Fisher-men use any other kinde of Vessels but that which was prescribed by our Kings Upon which account all kindes of Fishing were somtimes prohibited and somtimes admitted this restriction onely beeing added that they should fish in such Vessels onely as were under thirtie Tuns burthen This appear's by those Letters of King Edward the Third concerning the Laws of Fishing which were directed unto his several Governors of Yarmouth Scarborough Whitby and Donwich Towns seated upon the Eastern Shore The words are these Forasmuch as wee have given Licence to the Fishermen of the aforesaid Town and to others who shall bee willing to com unto the said Town for the benefit of Fishing that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen any prohibition or Commands of ours whatsoever to the contrarie notwithstanding wee command you to permit the Fisher-men of the aforesaid
worthie of observation that this kinde of Letters were usually superscribed and directed by our Kings to their Governors of the Sea Admirals Vice-Admirals Sea-Captains to wit the Commanders appointed by the King to take care of his Territorie by Sea whereas notwithstanding wee finde no mention at all of any such Commanders in those Passports of that kinde which were granted heretofore by the French King to the King of England when hee was to cross over into France Letters of that kinde were given to our Edward the second by King Philip the Long superscribed onely thus Phelip par la grace de Dieu Roy de France A touz noz Justiciers subgies salut Philip by the grace of God King of France To our Judges and Subjects greeting But the reason is evident why the K. of England was wont to direct his Letters to his Commanders of the Sea and the French King at that time onely to his Judges and Subjects in general To wit becaus the King of England had his Sea-Commanders throughout this whole Sea as Lord of the same and therefore when hee crost over it was not reasonable that the French K. should secure him by Sea it beeing within the bounds of the English Territorie And yet the King of France might perhaps have an Admiral at that time but onely upon the shore of Normandie and Picardie For that of Aquitain Bretaign and Narbonne were not as yet added to the patrimonie of that Crown And it was about that time or a little before that they are placed who are first ranked in the Catalogue of the Admirals of France But of later time it is true indeed that in those Passports or Letters of safe Conduct which have been granted even by the French King and other Princes bordering upon the Sea Admirals are usually named in express terms among the other kindes of Roial Officers to the end that they to whom the Passports are granted may bee secured in every place and part of their Dominion But as touching the English Command over such as pass or sail through their Sea there are many other Arguments taken as wee shall shew by and by from the manner of our King 's prescribing limits to such as sail in this Sea as also from those passages which wee have alreadie cited out of Records concerning the Tributes or Customs imposed by the English upon such as passed through the Sea And truly it is very considerable also that the Kings both of Denmark and Sweden together with the Hans-Towns very often and earnestly begg'd of Queen Elisabeth that they might have free passage through the English Sea with Provisions towards Spain during the Warr betwixt her and the Spaniard I know indeed that such a Licence was denied them not onely in respect of the Dominion of the Sea but chiefly to prevent the conveying of Provisions to the Enemie For which caus also divers Ships belonging to the Hans-Towns laden with Corn were taken by English men of Warr in the very Streights of Lisbon without the Sea-Territorie of England which went by the Scotish Sea and the West towards Portugal which was don doubtless that they might not presume to use the English Sea without the leav of the Queen But the Hans-Towns cried out thereupon that the Laws of Nations Commerce and Leagues were violated becaus their ships were so taken by the English onely upon this account that they carried Provisions to the Enemie that is in a Territorie where the English did not in the least pretend to any Dominion And concerning this particular there is a notable Question controverted by very Learned men How far they that are not enemies or would not bee called enemies may by the Law of Nations afford supplies unto an enemie But som years before the taking of these ships when the Hamburgers who in the name also of the rest of the Hans-Towns desired leav to pass through this Sea to Portugal and Spain were more than once denied any kinde of libertie to transport either Corn or Warlike necessaries they did not at all suggest that their Petition at that time was grounded upon the Law of Nations or Commerce nor that the Queen's denial was contrarie to this kinde of Law That is to say they were by her first Answer enjoined to abstein from transporting Arms with other Warlike Necessaries and Corn but saith the Queen in transporting other commodities wee shall not hinder you at all but shall with all favour permit the ships of your Subjects to abide and pass after the accustomed manner that they may perform their Voiage This Answer they did not seem to take amiss But two years after they sent into England Sebastian à Berghen their Ambassador with Petitionarie Letters desiring that the Exception in the Licence formerly granted might bee taken away and a freedom to transport all kindes of Merchandise permitted Their Petition was denied again and this moreover added That such as should presume to do the contrarie should for their bold presumption suffer the loss of all their Goods and Merchandise so carried against her Majestie 's will and pleasure if they fell into the hands of her Men of Warr or any other of her Majestie 's Subjects Thus they ever addressed themselvs by Petitions and the Queen gave Answers according to her pleasure They did not so much as pretend the Laws of Nations or of Commerce before that they understood their ships were seised in another Sea to wit that of Portugal which they conceived free for themselvs by the Law of Nations and Commerce without leav from the Queen of England Then it was they began to plead that Libertie ought not by any Law to bee denied even these men who but som years before had humbly Petitioned the Queen of England more than once for free passage through the English Sea So that that principal point as som would have it of the Law of Nations that relief ought not to bee conveyed to Enemies by a Friend was not onely the ground either of the Hans-Town's Petition or the Queen's denial but her right of Dominion by Sea was concerned also which the Hans-Towns well knew they should violate if they should pass the Queen's Seas without her leav Hereunto for the same reason those particulars relate which wee finde concerning this matter in those points that were to bee insisted on in the year MDXCVII by Witfeldius and Bernicovius Ambassadors from Christiern the fourth King of Denmark to the Queen of England Wee were say they strictly enjoined by our King to mediate with her Majestie that our Countrie men may bee permitted a freedom to transport Corn or Provision towards Spain even as wee have don formerly and do now again with all earnestness desire especially since it is supposed that the same Licence of transporting Corn is granted somtimes both to English and Dutch that our Countrie-men may not bee used in a wors manner than your own
who beeing Lord in like manner of all those parts of the Sea as farre as the opposite Shores or Ports whilst hee commanded a keeping of the peace within these Creeks or Closets did as Arbiter permit those that were in amitie with him but enemies among themselvs to make prize of one another in the rest of the Sea yet not without som qualifications or restrictions added concerning the use of the more open part of the Sea And truly the Spaniards alleged afterward that themselvs ought to bee protected from hostilitie also without these limits in the more open part of the Sea and that by virtue of the agreement of peace whereby the Kings of Spain and England were obliged to protect one another's subjects in all parts of their Kingdoms which is as much as to say that the rest of the Sea flowing between com's no less under the name of the Kingdom of England And this appear's also from the dispute held by their Advocate in England about the protection of the Territorie by Sea against the Hollanders who mightily exclaimed as hee saith that they should bee intercepted and staid by the King's Officer at Sea with the prize that they had taken from their enemies the Spaniards That it was an unjust violence that beeing disturbed and spoiled they ought to have reparation made them and to bee beard against those Spaniards who beeing prisoners were discharged with the goods that were taken But that the King of England might justly give the Spaniards protection against the Hollanders in the British Sea either within or without those limits hee plead's after this manner You see saith hee how fâ—r the Dominion of the King of England stretche's toward the South North and West The Northern Coasts of Britain having no Countries lying against them are washed by the main and open Sea And the Southern Coasts of Ireland are bounded upon Spain the Western upon the Indian Countries under the Dominion of Spain And so the Jurisdiction of our King by Sâ—â— is of a mightie vast exteâ—t Nor was it restrained or beâ—â—en'd by that subsequent Proclamation of the King the same above mentioned whereby certain limits were appointed beyond which the King declared the power of his Territorie should not bee extended in these Acts of hostilitie betwixt the Spaniards and Hollanders But it 's said that the Hollanders were intercepted by the Officer without these limits Also according to the Articles of Peace lately agreed on betwixt our King and the King of Spain they ought to protect one another's Subjects in all places throughout their Dominions â—nd therefore both ought to give protection throughout that immens Jurisdiction For there are limits founded upon right and there are limits by compact or agreement And an argument taken from the one doth not conclude against the other And here wee are to follow the limits of right concerning which certainly the articles of Peace and Agreement ought to bee understood Becaus the other Bounds beeing set afterward were not then in imagination But the autoritie of the Proclamation extend's not to things past Certain it is that Laws and Constitutions do give a Beeing to future businesses and are not to bee recalled unto things don and past Nor is this a Declaration of the King 's right therefore the more easily to bee admitted made in the Proclamation but a disposition and law wholly new For a Declaration induceth nothing new and changeth nothing But this Proclamation would change much seeing the power of the King's Territorie extend's it self much beyond those limits now constituted To this an Answer may bee given also which is acknowledged by all that a Declaration is of no force to another's prejudice which here might bee don to the ship that was intercepted for which right was sought according to common Custom and also according to the special agreement of the peace that those Princes should suffer no violence to bee don to one another's Subjects in their Territories And it is much more strong in respect of that express article of the Treatie for that it could not bee meet to take off from the full force of the Contract which would now bee lessen'd notwithstanding if it were granted that the Territorie is solessen'd within which onely our King might protect the Spaniards Moreover it hinder's not which is objected that these limits which are now expressed in the Proclamation were observed long before by long Custom in Controversies of this nature For to omit those most difficult things which are deliver'd in proving the Custom certainly the intent of our King in the Contract of peace seem's not to have had respect unto that Custom if any there hath been or also unto the Statute which is alleged here to bee antient For neither are those things common and understood by the other Prince in amitie nor perhaps by our King himself to wit matters of fact in his new Kingdom All which things I thought â—it to add here out of Albericus Gentilis becaus they belong not onely unto these Limits Creeks or Roial Chambers in the Sea but to the Dominion of the whole British Sea And truly Gentilis was ill understood by Joannes Gryphiander who discoursing at large concerning Sea-Affairs allegeth the place before-cited out of him in so brief a manner as if by that Proclamation of King James his Jurisdiction had been restrained simply to those limits The Jurisdiction of England sâ—iâ—h Gryphiander by Sea although it bee extended to the South North and West yet by a Proclamation of James the present King it is circumscribed by certain limits in the Sea Hee quote's Albericus Gentilis for his Autor But truly the King had no intent in that Proclamation that his Jurisdiction should bee circumscribed simply by those Limits but onely in relation to the acts of hostilitie at that time betwixt the Spaniards and Hollanders hee beeing Lord and Moderator of the British Sea for ever as well as his Predecessors which is sufficiently manifest out of the Proclamation it self out of Gentilis Nor indeed is it easily to bee conceived from whence that special and perpetual privilege of Truce or Freedom from hostilitie had its original which the inhabitants of Jersey Garnsey and the other â—sles lying before the shore of Normandie do enjoy even in this very Sea though war bee between the Neighbor-Nations round about unless it bee derived from this Sea-Dominion of the Kings of England Concerning that privilege Master Camden beeing well inform'd by antient Testimonies speak's after this manner in brief By an antient privilege of the Kings of England here is as it were a perpetual Truce and though a war bee on foot yet the French and others have a libertie to com hither to and again without danger and use Commerce securely But wee finde the same more at large in som Kings Patents expressed thus concerning Jersey that in time of war Merchants of all Nations
to bee presented touching that business unto the King as hee was at that time King of France but onely as King of England that is as Lord of the whole Sea flowing between And it is very improbable and not in reason to bee admitted that they would so upon deliberation for both Lords and Commons use to debate such matters a long time before they pass a Bill that they would I say so upon deliberation require an imposing of Customs by the Act of an English Parlament in a place that was not subject as a part of the Roial patrimonie to the King of England as King of England From hence it was also that our present King Charls did this last year declare that himself and his progenitors the Kings of England have in all times hitherto by an antient and most just title been Lords of this Sea to wit in his Letters Patents sent to the Maritim Counties of England whereby ship-monie was imposed for the defence of his Dominion by Sea Add moreover hereunto that in the agreement made betwixt our Edward the first and Guie Earl of Flanders about the wearing of Colors or Flags in every ship and punishing offendors by Sea William de Leyburn is called Admiral de la mier du dict Roy d Engleterre or Admiral of the Sea of the said King of England Other Testimonies of the same kinde there are in Records touching the Dominion of the Sea as it hath been received and acknowledged according to the Common Law and Custom of our Countrie which I shall discours of in the next place and after that concerning the Testimonie of Foreiners Of divers Testimonies in our own Law-Books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted CHAP. XXIV THE seventh of those Heads according to the former Division which manifest the aforesaid Dominion of the Kings of England relate's to our Law-Book's and the received Customs therein which prove it from the most antient times There are also in them many Particulars that may relate hereunto which are explained now and then touching the Guard of the Sea the English Admiraltie and other things alreadie handled But in this Chapter wee shall use either the determinations and Commentaries of our own Lawyers or chiefly such Court-Records as explain their opinions I confess indeed in som of the Authors of our Law who wrote above CCCL years ago or thereabout after they had as the manner then was read through the Civil Law also they were so strict in following those determinations word for word which they found concerning the Sea in that Law that when they treated de acquirendo Rerum Dominio of the manner of acquiring the Dominion of things they tranferr'd them into their own writings From thence it is that Henry Bracton who was a very famous Lawyer at the later end of the reign of Henrie the Third saith Naturali jure communia sunt omnia haec aqua Profluens aër Mare litora Maris quasi Maris accessoria By the Law of Nature all these things are common running water the Aër and the Sea and the shores of the Sea as accessories or dependants of the Sea Also aedificia si in mari five in litore posita fuerint aedificantium sunt de Jure gentium If Buildings bee raised in the Sea or upon the shore they becom theirs that build them by the Law of Nations And a little after Jus piscandi omnibus commune est in portu in fluminibus a Right of fishing is common to all in a Haven and in Rivers Which wee finde likewise in som other of our Law-Books of that Age as a passage that fell from som Writers of whom I spake at large in the former Book that were more affected than was meet with the words of Ulpian and Justinian in the general division of things But these very men in other places shewing the Customs of our Countrie do sufficiently admit the King's Dominion by Sea For Bracton himself afterward speak's of them that by the King's grace and favor quieti sint de Theolonio consuetudinibus Dandis per totum regnum Angliae in terrâ mari per totum Regnum tam per terram quà m per mare Were exempted from paying Tolls and Customs throughout the whole Kingdom of England in the Land and in the Sea and throughout the whole Kingdom both by Land and by Sea And in the same King's time a freedom from som paiments was granted to the Citizens of London per totum Regnum tam per mare quà m per terram throughout the whole Kingdom as well by Sea as by Land And so Bracton when hee return's to speak of the Customs of our Countrie acknowledged that the Dominion of the Sea belong'd to his King no less then the Land And hence it came to pass also that inter Capitula Coronae as they call them that is to say those Articles or chief Heads whereof enquirie was to bee made according to the usual custom by Judges delegated throughout England for the conservation of the publick peace wee finde this also de Purpresturis factis super Dominum Regem sive in Terrâ sive in Mari c. Of Pourprestures made upon our Lord the King either on Land or in the Sea or in sweet waters either within the Libertie or without or in any other place whatsoëver And it is placed among the Articles of this kinde recited by Bracton himself and in the Autor of the Book called Fleta But in the language of the Law wee call those things Pourprestures whereby detriment is don to any publick place belonging to the Patrimonie of the Crown as a publick thorow-fare a River and the like So that according to the nature of this ordinarie Article touching Pourprestures in the general form of enquirie the Dominion or Ownership of the Sea is ascribed to the King no less than of the Land or of publick Road or thorow-fare and River agreeable hereto is that Article about any kinde of salt-waters beeing inclosed by any subject or possessed in any other manner which in the antient Records of our Court of Admiraltie is said to bee don to the disherison of the King The words are there Item soit enquis de ceulx qui acrochent à eulx eaves salees en desheretison du Roy. And at this day enquirie is wont to bee made about that business by Autoritie of the high Admiral Robert Belknap also an eminent Judg in the time of Richard the Second saith that the Sea is subject to the King as a part of his English Kingdom or of the Patrimonie of the Crown His words in the Norman tongue run thus Le Mere est del ligeans del Roy come de son corone d' Angleterre Hee added to his words in a remarkable way as belonging to the Crown of England or as belonging
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
also his Sea-men to keep all relief of Victual from going to the Enemie by Sea Hee used the word Pirats in this place as others of that age have don not for Robbers as 't is commonly taken but for such as beeing skill'd in Sea-affairs were appointed to set upon the Enemie's Fleets and defend the Dominion by Sea Touching the derivation of the word the old Scholiast upon Sophocles his Aiax saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is Pira in the Attick Tongue signifie's craft or art and hence it is that they are called Pirats which infest the Sea But when the English-Saxons and Danes in the time of K. Alfred were ever and anon strugling for the Soveraigntie in England for Gurmundus or Guthrunus King of the Danes was at that time setled in Northumberland as a Fiduciarie Client or Vassal to Alfred and had very large Territories in the East-part of England their Fights were mostly by Sea as if they had both been of opinion that hee which could get the Dominion of the British Sea would by necessarie consequence becom Lord also of the Land or of that part of the Isle which lie's before it For this caus also it was that the Danes growing strong at Sea K. Alfred mightily augmented his Naval Forces by building ships twice as long as the Danish ships deeper nimbler and less rocking or rolling and so much more convenient for Sea-Fights Florentius the Monk saith In the same year that is to say the year of our Lord MCCCXCVII the Forces of the Pagans residing in east-East-England and Northumberland using Piracie upon the Sea-Coasts did grievously infest the West-Saxon's Countrie with very long and nimble ships which they had built divers years before Against whom ships were built by the Command of K. Alfred twice as long deeper nimbler and less waving or rolling by whose force hee might subdue the aforesaid ships of the Enemie It is related also in the same words by Roger Hoveden But Henrie of Huntingdon speaking expresly of the number of Oars that served for the rowing of these ships of Alfred saith King Alfred caused long ships to bee made readie to wit of 40 Oars or more against the Danish ships But there are Chronicles written in the Saxon Tongue that speak of ships of 60 Oars and larger built by him at that time out of which these Writers above-mentioned and others of the like sort have compiled theirs The words of the Chronicles are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say King Alfred gave command for the building of long ships to encounter the Danish But they were twice as long as these whereof som had sixtie Oars som more They were also more nimble less rolling and deeper then the other Not built after the Frisian or Danish manner but such as hee conceived most convenient for fighting So that there is no doubt but the business of shipping was mightily advanced in his Reign among the English-Saxons in order to the defence and maintenance of their Dominion by Sea And wee very often finde that those Sea fights managed by Alfred and his son Edward with various success against the Danes and Normans were undertaken not without great numbers of Shipping But in the time of King Athelstan who was very strong at Sea upon the Irish Nation saith Huntingdon and those that dwelt in ships there fell a fatal destruction The English-Saxon words in the antient Chronicles from whence Huntingdon translated those and which agree w th these are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which fully signifie the same thing For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Scotish Nation and Scots are by the Antients often taken for the Irish. Hee also saith the same Autor led an huge Armie by Land and Sea into Northumberland and Scotland and in regard there was none appear'd to make any opposition bee marched up and down the Countrie and wasting it at pleasure returned with Triumph whereupon saith a Poët of that time Jam cubat in terris fera barbaries Aquilonis Jam jacet in campo pelago pirata relicto Illicitas torvásque minas Analavus anhelans Now is the wilde and barb'rous North brought down Now Analave the Pirat is o'rethrown Who having left the Sea on Land doth lie And spightful threats breath's out against the Skie This Analavus was King of the Irish and of many Islands who invading the Coasts of Athelstan with a Fleet of DCXV ships at the mouth of the River Humber received a great overthrow and was put to a most shameful Flight But King Edgar as saith Florentius of Worcester sailing about the North of Britain with a great Navie arrived at Chester where his eight pettie Kings met him as hee had given order who sware fealtie to him and that they would assist him both by Sea and Land Or as Huntingdon saith of the same thing they all did homage to him declaring themselvs readie at his command to serv him by Sea and Land Among these pettie Kings there was one Maccusius whom Hoveden and Florentius call a King of very many Islands and Florilegus a King of Man and very many Islands William of Malmsburie call's him an Arch Pirat Moreover the same King Edgar as if hee intended to set forth the splendor magnificence and as it were an Epitome of his whole Empire in Sea-affairs and Shipping did as say Florentius and Hoveden during his abode at Chester enter into a Boat wherein hee was rowed by those pettie Kings himself holding the Stern and steering it about the River Dee and beeing attended by all his Dukes and Peers in such another Vessel bee sailed from the Palace to the Monasterie of S. John Baptist where an Oration beeing made to him hee returned in the same pomp unto the Palace In the very Entrie whereof hee is reported to have said to his Lords that then his Successors might boast themselvs Kings of England when they should bee thus attended by so many Kings and enjoy the state and glory of such honors or as Malmsburie write's of the same thing when they should enjoy so great a Prerogative of honors So many Kings as Vassals to bee readie alwaies to assist with their Forces whensoëver they should bee required both by Sea and Land There is also a notable testimonie in the same Florentius and the Monk of Malmsburie how that this King sailed round about his Sea every year and secured it with a constant Guard and Forces Every Summer saith Malmsburie immediately after Easter bee commanded his ships upon every shore to bee brought into a Bodie sailing usually with the Eastern Fleet to the West part of the Island and then sending it back hee sail'd with the Western Fleet unto the Northern and thence with the Northern hee returned to the Eastern beeing indeed very diligent to prevent the Incursions of Pirats that is behaving himself in this manfully as say Florentius also and Hoveden for the
Sea Among the old Laws of England it appear's that the paiment of Danegeld was first imposed becaus of Pirates either Robbers or others invading the Sea For they infesting the Countrie wasted it as far as they were able Therefore for the repressing of their insolence it was determined that an yearly paiment should bee made of Danegeld that is to say twelve pence upon every hide through the whole Land for the pay of those that should bee imploied to hinder the eruption of Pirates So wee read it in som Copies others render it Irruption But the other reading seem's to signifie that this Tax was imposed for the raising and mainteining of Naval Forces so to guard the Sea that Pirates or Enemies might not bee able to make any eruption from the Shore on the other side of the Sea Nor can the word Eruption otherwise bee well put in that place So that even that antient Dignitie of the Count of the Saxon shore whereof wee have alreadie spoken is therefore not obscurely represented by him who commanded as Admiral over the Fleets of that Age. This Tribute or Tax had its beginning under King Ethelred For hee beeing brought into miserable streights by Swane King of Denmark beeing forced to buy a Peace of him hired XLV Danish Ships also by Agreement for the guarding and securing of his Dominion in the Sea who were to receiv their pay yearly out of this Tribute for their maintenance For the right understanding whereof it is to bee observed out of the English Saxon Storie that the Tribute or Tax usually paid at that time to the Danes was of more kindes then one There was one Tribute or sum of Monie wherewith the English-Saxons were forced somtimes to buy Peace of such as grievously infested the Island But another was levied to pay the Danish Navie which was hired to guard the Sea and defend the Sea-Coasts The first kinde of Tribute appear's by that of Florentius and Hoveden in the year MVII Ethelred King of England by the advice of his Lords sending Embassadors to the Danes gave them Commission to declare that hee was willing to defray their Charges and pay them a Tribute upon this condition that they would desist from rapine and establish a firm Peace with him To which demand of his they yielded And from that time their charge was defraied by all England and a Tribute paid which amounted to 36000 pounds That is hee effected this onely for the present that hee obteined a peace for a time by monie which hee could not by Arms as Florilegus saith well Four years after also all the great Lords of England of both Orders met together at London before Easter and there they staid so long till paiment was made of the Tribute promised to the Danes amounting to fourtie eight thousand pounds which wee reade of likewise both in Florentius and Hoveden But this was paid to the intent that all Danes which were in the Kingdom should in every place dwell peaceably by the English and that both People should have as it were one heart and one soul as it is expressed by Florilegus Other passages of the same kinde there are in the storie of that Age yea and som of an elder date Yet this first kinde of Tribute was not wont to bee paid yearly but levied now and then as occasion required Notwithstanding it may bee true perhaps which som write that Ethelred in the aforesaid agreement of the year MVII yielded to pay every year a Tribute of Thirtie six Thousand pounds to the Danes for a longer continuation of the peace Wee read here that hee yielded or granted but no where likewise that hee paid it But as for the second kinde of Tribute which was to bee paid as wee have told you for hire of the Danish Navie it was a yearly Tribute and levied at the same time at least in the same year to wit of our Lord MXII wherein these fourtie eight thousand pounds were paid to procure a peace Nor was it limited by any set-summe of monie but so much as would serv for victualling and clothing the Forces at Sea Florentius and Hoveden in the aforesaid year say After these things upon paiment of the Tribute meaning that of fourtie eight thousand pounds and a confirmation of the peace by Oaths the Danish Navie which was before in a Bodie was disposed and dispersed abroad afar off But XLV ships remained with the King and sware fidelitie to him and promised to bee readie to defend England against Foreiners upon condition that hee would provide them Victuals and Clothing This is related likewise in the English-Saxon Chronicles of the Abbie of Abingdon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is the Tribute beeing paid and Oaths of Amitie taken the Armie or Navie which was before in a Bodie was dispersed abroad But fourtie five ships of that Navie remained with the King and promised upon Oath to be readie for the defence of this Land upon condition the King did finde them Victuals and Cloathing Swane was at that time King of Denmark with whom Ethelred made this agreement But both the kindes of paiment aforementioned were called Danegelo Danegeld or Danageld that is to say Danish Tribute The first kinde is expressly intimated by this name in Joannes Sarisburiensis where hee saith Swane wasted and spoiled the Island of Britain the greatest part whereof hee had in his possession and afflicted the Members of Christ with many persecutions by an imposition of Tribute which in the English Tongue they call Danageld But the second kinde which was paid for the maintenance of the Forces by Sea was called likewise by the same name both becaus it was occasioned by the agreement with the Danes as also becaus it was wont to bee paid to the Danish Fleet that was hired to guard the Territorie by Sea For which caus also it reteined the same name not onely under these Danish Kings Canutus Harold the first and Hardecanutus but also under the English-Saxon or English And that this which wee have spoken was the Original hereof is affirm'd also by Ingulphus the Abbot of Crowland a witness beyond all exception who lived at that time Hee speaking of the affairs of Edward the Confessor saith In the year MLI which was the tenth of King Edward in regard the Earth did not bring forth its Fruits in such plentie as it was wont but devoured very many people by famine insomuch that many Thousands of men died through the scarcitie of Corn and want of Bread therefore the most pious King Edward beeing moved with compassion towards the people released that most grievous Tribute called Danigeld to all England for ever It is reported by som that this most Religious King beeing brought by his Officers into the Exchequer to see the Danigeld that was collected and to take a view of so vast an heap of treasure stood amazed at the first sight
before been made Commander of the Fleets And hee was the first for ought wee know that was created in this manner But in the next Form of Commission the name of Picardie was left out So indeed in the fourth year of Henrie the Sixth or Anno Dom. MCDXXVI John Duke of Bedford was by Commission made Admiral of England Ireland and Aquitain That Form continued about 88. years or throughout the Reigns of Henrie VI Edward IV Richard III Henrie VII and the three first years of Henrie VIII And about that time ten others were in like manner made Admirals for the most part perpetual of England Ireland and Aquitain the last of which was John Earl of Oxon who was Commissionated in that Form in the first year of Henrie the Eight But there followed another alteration or addition of Titles in the fourth year of that King Anno Dom. MDXIII At that time Sir Edward Howard Knight son of Thomas Earl of Suâ—â—ie afterwards Duke of Norfolk was made Admiral of England Wales Ireland Normandie Gascoign and Aquaitain To which words Calais and the Marches thereof are added in the Commission of William Fitzwilliams who also was Earl of Southampton beeing appointed Admiral in the twentie eight year of King Henrie the Eight This Form of Commissions held in use afterward through the whole Reign of that Henry adding according to antient Custom the clauses touching Jurisdiction But in the beginning of Edward the Sixt Thomas Baron Seymour of Sudeley brother to Edward Duke of Somerset was made Admiral almost in the same words as that William Earl of Southampton inserting after the name of Calais Boloign and the Marches of the same After him followed John Earl of Warwick who was created by Edward the Sixt in the third year of his Reign our Admiral of England Ireland Wales Calais and Boloign and our Marches of the same of Normandie Gascoign and Aquitain as also Governor general over all our Fleets and Seas And in the same Commission hee is styled afterwards Great Admiral of England and Governor of our Fleets and Seas But after a while the name of Boloign being omitted the next high Admiral of England was created in the very same Form of words as is mentioned before in the beginning of the Chapter For in the same Form was William Baron Howard of Effingham Son of Thomas Duke of Norfolk made Admiral in the beginning of Queen Marie or Anno Dom. MDLIII And the Command or Government of those Seas as the principal charge of that Office or Dignitie is more notably expressed there as you may see than in the Commission of the Earl of Warwick From that time forwards the very same Form was kept alwaies as in the Commission of the high Admiralship granted to Edward Baron Clinton afterwards Earl of Lincoln in the Reign of Philip and Marie also in the Commission of Charls Baron of Effingham afterwards Earl of Nottingham in the time of Q. Elizabeth and of Charls Duke of York in the time of King James besides George Duke of Buckingham who enjoied the same Office or Command in the same words in the Reigns of James and Charls So that for above eightie years or thereabout that is from the beginning of Q. Marie the whole form as it is set down in the beginning of this Chapter was ever expressly reteined in the Commissions of the high Admiralship of England so far as they denote either the Countries or the Seas or the Dominion of the same But therein the Admiral is styled Governor General over all our Fleets and Seas just as John Earl of Warwick was likewise expressly appointed in general tearms under Edward the sixt or over our Seas aforesaid But what were those Seas or the Seas aforesaid They are in the fore-going words expressly called the Seas of our said Kingdoms of England and Ireland our Dominions and Islands of the same That is in plain tearms Mer d' Engleterre d' Ireland Gales or the Sea of England Ireland and Wales after which manner the Seas belonging to the Dominion of England are sometimes also described in our Laws which are called likewise now and then by our Lawyers Les quatre Miers d'Engleterre or the four Seas of England divided according to the four Quarters of the World So that in the most received form of this Commission after the beginning of Queen Marie's Reign out of which also the sens and meaning of former Commissions is to bee collected wee have a continual possession or Dominion of the King of England by Sea pointed out in express words for very many years And what wee have alreadie spoken by way of Collection out of these that followed the beginning of Marie touching the sens or meaning of former Commissions wherein a positive Command of the Sea is not expressed is truly to omit the thing it self which sufficiently intimate's as much of its own nature not a little confirmed upon this ground that hee also who before any express mention of our Seas took place in the form of the Commission of the high Admiralship was next preferr'd to the same dignitie was immediately after his Creâtion according to the whole Title of his Office as beeing the same title which indeed alwaies belonged to the Admirals of England styled Great Admiral of England and Governor General of the Navie and our Seas So verily Thomas Baron Seymour whom I mentioned before is styled Admiral of England in the Patent Roll granted to him by Edward the sixt It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of England from antient to the present time that the Sea for whose guard or defence hee was appointed by the King of England as Lord and Soveraign was ever bounded towards the South by the shore of Aquitain Normandie and Picardie CHAP. XVII BUT in the Form alreadie shewn which hath continued in use for so many years you see mention is made onely of the Seas of our Kingdoms of England and Ireland our Dominions and Islands belonging to the same as the Province for whose guard or defence the Admiral was appointed that is as wee have told you the English Irish and Welch Sea all which is conteined under the name of the British as it hath been observéd at the beginning of this Book Yet the names of Normandie Gascoign and Aquitain besides Calais are added which are Provinces seated upon the shore over against us As to what concern's them in this place they are either to bee considered in the same manner as if they had been alwaies held in subjection by the English from the time of the first mention of them in the Commission or as they have alreadie for som Ages past been out of their Jurisdiction But suppose in the first place that they had alwaies remained in the Jurisdiction and Possession of the English Questionless
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
Holland Busses not far from Robinhood's Bay returned to VVhitbie full fraught with Herrings and reported that they saw som of those Busses take ten twentie twentie four lasts at a draught of Herrings and returned into their own Countrie with fortie fiftie and an hundred Lasts of Herrings in one Buss. Our Fleet of Colliers not many years since returning from New-castle laden with Coals about the Well near Flanborough head and Scarborough met with such multitudes of Cod Ling and Herring that one amongst the rest with certain ship-hooks and other like iustruments drew up as much Cod and Ling in a little space of time as were sold well near for as much as her whole Lading of Cole And many hundred of ships might have been there laden in two daies and two nights Out of which wonderful affluence and abundance of Fish swarming in our Seas that wee may the better perceiv the infinite gain which Forein Nations make I will especially insist upon the Fishing of the Hollanders in our Coasts and thereby shew how by this means principally they have increased 1. In Shipping 2. In Mariners 3. In Trade 4. In Towns and Fortifications 5. In Power extern or abroad 6. In publick Revenue 7. In private wealth 8. In all manner of Provisions and store of things necessarie 1. Encreas of Shipping BEsides 700 Strand-Boats 400 Evars and 400 Sullits Drivers and Tod-boats wherewith the Hollanders fish upon their own Coasts every one of those imploying another Ship to fetch salt and carrie their Fish into other Countries beeing in all 3000 sail maintaining and setting on work at least 4000 persons Fishers Tradesmen Women and Children They have 100 Doyer Boats of 150 Tuns a piece or thereabouts 700 Pinks and Well-Boats from 60 to 100 Tuns a piece which altogether fish upon the Coasts of England and Scotland for Cod and Ling onely And each of these employ another Vessel for providing of salt and transporting of their Fish making in all 1600 ships which maintain and employ persons of all sorts 4000 at least For the Herring-season they have 1600 Busses at the least all of them Fishing onely upon our Coasts from Boughonness in Scotland to the mouth of Thames And every one of these maketh work for three other ships that attend her the one to bring in salt from Forein parts another to carrie the said salt and cask to the Busses and to bring back their Herrings and the third to transport the said Fish into Forein Countries So that the total number of ships and Busses plying the Herring-Fair is 6400 whereby every Buss one with another imployeth fortie men Mariners and Fishers within her own hold and the rest ten men a piece which amounteth to 112000 Fishers and Mariners All which maintain double if not treble so many Tradesmen Women and Children a land Moreover they have 400 other Vessels at least that take Herring at Yarmouth and there sell them for readie monie so that the Hollanders besides 300 ships before-mentioned fishing upon their own shores have at least 4800 ships onely maintained by the Seas of Great Britain by which means principally Holland beeing not so big as one of our shires of England containing not above 28 miles in length and three in breadth have encreased the number of their shipping to at least ten thousand sail beeing more then are in England France Spain Portugal Italy Denmark Poland Sweden and Russia And to this number they add every day although their Countrie it self afford's them neither materials or victual nor merchandise to bee accounted of towards their setting forth Besides these of Holland Lubeck hath 700 great ships Hamborough six hundred Embden fourteen hundred whereunto add the ships of Bremer Biscay Portugal Spain and France which for the most part fish in our Seas and it will appear that ten thousand sail of Forein Vessels and above are employed and mainteined by fishing upon our Coasts So that in Holland there are built a thousand sail at the least to supply shipwracks and augment their store which as the Prince and common Nurserie is the chiefest means onely to encreas their number 2. Encreas of Mariners THE number of ships fishing on our Coasts as beeing aforesaid 8400. If wee allow but twentie persons to every ship one with another the total of Mariners and Fishers amounteth to 168000 out of which number they daily furnish their longer Voiages to all parts of the world for by this means they are not onely enabled to brook the Seas and to know the use of the tackles and compass but are likewise instructed in the principles of Navigation and Pilotage insomuch as from hence their greatest Navigators have had their education and breeding 3. Encreas of Trade BY reason of those multitude of Ships and Mariners they have extended their Trade to all parts of the world exporting for the most part in all their Voiages our Herring and other Fish for the maintenance of the same In exchange whereof they return the several commodities of other Countries From the Southern parts as France Spain and Portugal for our Herrings they return Oils Wines Pruines Honie Wools c. with store of Coin in Specie From the Straits Velvets Sattins and all sorts of Silks Allomes Currans Oils and all Grocerie ware with much monie From the East-Countries for our Herrings and other French and Italian commodities before returned they bring home Corn Wax Flax Hemp Pitch Tar Sope-Ashes Iron Copper Steel Clap-board Wainscot Timber Deal-board Dollers and Hungarie Gilders From Germanie for Herrings and other salt Fish Iron Steel Glass Mil-stones Rhenish wines Button-plate for Armor with other Munition Silks Velvets Rashes Fustians Baratees and such like Franckford commodities with store of Rix-dollers From Brabant they return for the most part readie monie with som Tapestries and Hull-shop Yea som of our Herring are caried as far as Braseil And that which is more strange and greatly to our shame they have four hundred Ships with Fish which our men of Yarmouth within ken almost at land do vent our Herrings amongst us here in England and make us pay for the Fish taken upon our own Coast readie monie wherewith they store their own Countrie 4. Encreas of Towns and Forts BY this their large extent of Trade they are becom as it were Citizens of the whole world whereby they have so enlarged their Towns that most of them within these four hundred years are full as great again as they were before Amsterdam Leyden and Middleburgh having been lately twice enlarged and their streets and buildings so fair and orderly set forth that for beautie and strength they may compare with any other in the world upon which they bestow infinite summes of monies all originally flowing from the bountie of the Sea from whence by their labor and industrie they derive the begining of all that wealth and greatness and particularly for the Havens of the aforesaid Towns whereof som of them cost fortie fiftie or an
Subjects and that at least som certain ships might in favor of the King's Majestie have leav granted them once a year at least during the Warr to carrie Provisions and that wee may bee able to certifie the King our Master how far wee in this case prevail But the Ambassadors had this Answer that the Queen cannot in reason bee induced to consent it should bee don as they desired And whereas you allege a supposal that both English and Netherlanders have Licence given them somtimes to transport Corn Wee to wit the Chief men of her Majestie 's Privie-Council who gave the Answer dare confidently affirm that never any such matter was granted by the Queen nor will shee ever incline to grant the like during the warr If the Queen had not in the opinion of the Danes as well as of the Hans-Towns before been Soveraign of the Sea-Territorie through which they were to pass to what end then was this so earnest a Petition and so imperious an Answer Here in this often iterated Petition no libertie is pretended besides that which depended upon the Queen's pleasure as Soveraign of the Passage For this caus also it was that John King of Sweden in that Letter of his sent to Queen Elisabeth in the year 1587. wherein hee desired leav for Olavus Wormaeus a Swede to carrie Merchandise into Spain acknowleged that hee must of necessitie Maritimas Reginae ditiones pertransire pass through the Sea-Dominions of the Queen which are the very words of the Letter Nor is it any new thing that this kinde of passage should bee denied to Foreiners For in very many of those Pass-ports that were granted to the Merchants of Neighbor-Nations by Edward the first during the warr between him and the French this claus is usually added upon condition that they neither conveie nor caus any thing to bee conveied to the French partie nor communicate any thing 〈◊〉 all to our Enemies there in any manner whatsoâ—ver as wee read it in the Records where are many others of the same kinde From hence it is that in the same King's instructions it is required that his Soveraigntie by Sea bee preserved with extraordinarie care and diligence as belonging to him by antient right as Arbiter and Moderator of the Laws or Customs and Persons of such as pass therein The words themselvs which signifie the same are these Especialment à retenir maintenir la Sovereigneté qe ses ancestres Royes d'Engleterre soloyent avoir en la dite Mier d'Engleterre quant à l'amendement declaration interpretation des lois per eux faits à Governer toutes Maneres des gentz passanz per la dite mier especially to retein and maintain the soveraigntie which his Ancestors the Kings of England were wont to have in the said sea so far as concerns the amendment declaration and interpretation of the Laws by them made to govern all manner of Nations passing through the said sea Hereunto also belong's that Commission of King John whereby hee required in very imperious terms that all kindes of ships whatsoëver which could bee found throughout the English Sea it beeing expressed by the general name of the Sea as flowing round about should bee staid and bee brought near his shores For it hath been a Custom in all Ages that the ships of any persons whatsoëver as well Strangers as Subjects may somtimes bee staid in the Ports But it was King John's intent that his whole Sea as well as the Ports themselvs should bee plainly signified in this Commission In witness whereof I here set down the Commission it self The KING to all the Sturemanni and Marinelli and Merchants of England that sail by Sea greeting Bee it known unto you that wee have sent Alanus Juvo de Sorham and Walter Stattun and Vincent de Hastings and Wimund de Winchelsey and others of our Barons of the Cinque-Ports and other our faithful Sturemanni and Marinelli of our Gallies to arrest all ships that they shall finde and them safely to bring with all that shall bee found in them into England And therefore wee command you that yee bee attending upon them in this business so that yee bee in England with all your Ships and Merchandises at such Port and Coast as they shall appoint you And if any shall attempt to resist them contrarie to our command you our Liege-men are required to assist them with all your strength as you tender your selvs and your chattels and peace and residence in our Land for you or any of your Generation Witness hereunto William Briwr at Lutegar the eight daie of Februarie These Sturemanni here do signifie Sea-Captains and Marinelli Sea-souldiers But to command that all ships should bee arrested throughout the Sea that is staid or taken and brought into England what els was it but undoubtedly to declare himself Lord of the Sea through which they passed Now let no man object that this Commission extended onely to the Ships of English men or of the Subjects of him that gave the Commission It is true indeed that the Commission before cited was sent and directed onely to the Sea-Captains Men of Warr and Merchants of England But yet it is manifest thereby that the four persons there named and others Barons of the Cinque-Ports and the rest that are added were obliged by the aforesaid Commands to arrest all the ships that they should finde throughout the Sea and bring them safely into England with all that should bee found in them But this part of the Commission was added as it plainly appear's that no English Sea-Captain or Souldier or Merchant whatsoëver might bee wanting in their assistance in staying the ships of Foreiners If anie one shall attempt to resist them contrarie to our command you our Liegemen are required to assist them with all your c. Our Liege-men in this place or they that ought to give assistance in making stay of ships are all the Sea-men and Merchants of England that sail up and down throughout this Sea They therefore whose ships were to bee staid did not com under the name of Liege-men or Subjects and that it so appear's to bee by the very Form of this Commission that there need 's not any thing more bee added touching this matter I suppose no man will doubt who take's it into his more serious consideration Nor do the words make mention of the ships of Enemies but of any whatsoëver as beeing deliver'd by a Soveraign Prince who was concerned at that time for his own occasion and at discretion to use not onely his own Sea-Territorie but also the ships sailing therein as well as those that were in Port. Wee finde a Commission of the like nature and which speak's to the same purpose in the time of King Edward the third wherein Command is given to make stay of all ships of ten Tuns and upward that should bee found in the South and Western Sea except som that