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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

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by your own Instructions you may fully understand But withal considering that Peace must bee mainteined by the arm of power which onely keep 's down War by keeping up Dominion his Majestie thus provoked finde's it necessarie even for his own defence and safetie to re-assume and keep his antient and undoubted Right in the Dominion of these Seas and to suffer no other Prince or State to encroach upon him thereby assuming to themselvs or their Admirals any Soveraign command but to force them to perform due homage to his Admirals and Ships and to pay them acknowledgments as in former times they did Hee will also set open and protect the free Trade both of his Subjects and Allies And give them such safe Conduct and Convoie as they shall reasonably require Hee will suffer no other Fleets or Men of VVar to keep any guard upon these Seas or there to offer violence or take prizes or booties or to give interruption to any lawful intercours In a word his Majestie is resolved as to do no wrong so to do Justice both to his Subjects and Friends within the limits of his Seas And this is the real and Roial design of this Fleet whereof you may give part as you finde occasion to our good neighbors in those parts that no Umbrage may bee taken of any hostile act or purpose to their prejudice in any kinde So wishing you all health and happiness I rest Your assured friend and Servant JOHN COOK Whitehall 16 April 1635. our style In this Letter you see first how it was held for an undeniable principle that the King was King by Sea as well as by Land That neither the honor nor safetie of this Island and Ireland could bee maintained but by preserving the Dominion by Sea and that it is an argument that they that encroach upon us by Sea will do it also by Land when they see their time Hee declare's also how our unthankful neighbors are risen to this hight and insolence partly by grant partly by connivence but principally through their many injurious abuses of our Patience and Indulgence And lastly you may observ here what resolutions were then taken to prevent the lil●e injuries and preserv our English Interest in time to com But how those Resolutions were followed in the succeeding part of his Reign I shall not stand to examine onely it sufficeth here to take notice that the Claim of Sea-Dominion was made by him as well as by his Father and for a time strenuously asserted though afterward hee slackned his hand in the prosecution whereof the Netherlanders taking advantage and of our late commotions which were their Halcyon-daies and time of Harvest are now advanced to such a monstrous pitch of pride malice and ingratitude that they dare bid defiance to those antient Rights which wee have received from all Antiquitie and justifie their actions by a most unjust and bloudie war in the view of all the world What remain's then but that the Parlament and People of England should lay these things to heart with an indignation answerable to so prodigious violations and invasions They have now an opportunitie and strength given them by God O let not hearts bee wanting to make good the Claim and accomplish that work of establishing our Interests by Sea beyond the possibilitie of future impeachments Let it not bee said that England in the state of Monarchie was able to hold the Soveraigntie of the Seas so many hundred years and then lost it in the state of Libertie It is as now established with its Appendants the greatest and most glorious Republick that the Sun ever saw except the Roman God hath made it so by Land and will by Sea for without this the Land is nothing It was ever so apprehended by Kings yea by the last and worst of our Kings And shall the Founders of this famous structure of Government now in beeing who have cashiered Kings and vindicated the Rights and Liberties of this Nation upon his head and his whole posteritie and partie not assert them against perfidious Neighbors It were unpardonable in any to harbor a thought of that nature or to yield that such a blemish should bee brought upon all those glorious actions and atchievements whereby God hath freed and innobled our Land and Nation But that the people of England may bee excited to a valuation maintenance and improvement of their interest by Sea it is necessarie to let them understand what advantages are to bee made thereby and are made by others who of Usufructuaries by permission have in design now to make themselvs absolute Lords of the Fee And therefore it is very convenient here to set down an excellent Discours which was written in the time of the late King and presented by the following Title The inestimable Riches and Commodities of the British Seas THE Coast of Great Britain do yield such a continual Sea-harvest of gain and benefit to all those that with diligence do labor in the same that no time or season in the year passeth away without som apparent means of profitable imploiment especially to such as apply themselvs to Fishing which from the begining of the year unto the latter end continueth upon som part or other upon our Coasts and therein such infinite sholes and multitudes of Fishes are offered to the takers as may justly move admiration not onely to strangers but to those that daily bee imploied amongst them The Summer-Fishing for Herring beginneth about Mid●ommer and lasteth som part of August The Winter-Fishing for Herring lasteth from September to the mid'st of November both which extend in place from Boughones in Scotland to the Thame's mouth The Fishing for Cod at Alamby Whirlington and White Haven near the Coast of Lancashire from Easter until VVhitsontide The Fishing for Hake at Aberdenie Abveswhich and other places between VVales and Ireland from VVhitsontide to Saint James tide The Fishing of Cod and Ling about Padstow within the Land and of Severn from Christmas to Mid-Lent The Fishing for Cod on the West part of Ireland frequented by those of Biscay Galicia and Portugal from the begining of April until the end of June The Fishing for Cod and Ling on the North and North-East of Ireland from Christmas until Michaëlmas The Fishing for Pilchers on the West coast of England from Saint James-tide until Michaëlmas The Fishing for Cod and Ling upon the North-East of England from Easter until Midsummer The Fishing of great Staple-Ling and many other sorts of Fish lying about the Island of Scotland and in the several parts of the British Seas all the year long In September not many years since upon the Coast of Devonshire near Minigal 500 Ton of Fish were taken in one day And about the same time three thousand pound worth of Fish in one day were taken at S t Ives in Cornwal by small Boats and other poor provisions Our five-men-Boats and cobles adventuring in a calm to launch out amongst the
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 m●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 rene●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-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 ●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 Ge●man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Ea●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
unto them by God and therefore that those Precepts are to bee observed in that vast Ocean as in the Territorie of Israël The chief Autor of this opinion was an antient and very famous Interpreter of the Law by name Rabbi Jehuda who also from the express words of the Holie Law above-mentioned conclud's that the western Ocean thus bounded on both sides was assigned His Doctrine is deliver'd after this manner as wee finde it in the most antient Digests of the Jewish Law Whatsoëver lie's directly opposite to the Land of Israël it is of the same account with the Land of Israël according as it is written As for your West-Border let your Border bee or you shall have the great Sea Also let this bee a Border to you or your Border To wit the Border of the Sea or of the West Also the Collateral Islands situate on both sides in the same direct line fall under the same accompt with the sides themselvs So that if a line were drawn from Cephaloria through the Isles to the main Ocean and from the River of Egypt to the Ocean then that which is within the line is to bee taken for the Territorie of Israël and that which lie's without the line to bee out of the Dominion of Israël The line drawn from Cephaloria was directed by the Promontorie of mount Hor or Amanus as is said before For that Citie was seated on the top of that mountain which is here the North-east Border as it is observed in the Gloss upon the place alleged and in many other There also this opinion is thus explained According to this opinion of Rabbi Jehuda all that Sea which lie's opposite to the length of the Land of Israël even to the main Ocean West-ward where the world it 's self is bounded is to bee reckon'd within the Territorie or Dominion of Israël even as it is written the great Sea and your Border the whole place wee gave you a little before out of Numbers where and your Border is added the more fully and plainly to intimate that the great and wide Sea is contained also within it's Border And it follow 's there thus Between those little Cords or Lines directed as wee said on both sides to the main Sea there are Islands belonging to the Territorie of Israël the Islands and waters have both the same Law c. Hence also the ordinarie Jewish Gloss upon those words in Numbers And you shall have the great Sea saith The Isles that are in the midd●st of the Sea even they also are part of the bound or Border But the Jewish Paraphrase is more plain there And let your Border bee the great Sea that is the main Ocean and it's Isles and Cities and Ships with the principal waters that are in it Nor was it upon any other ground that Rabbi Aben-Ezra Rabbi B●chai and others conceived so great a part of the Sea did belong to the Israëlites by this assignation that they interpret the great Sea also to reach through the Sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the Spanish Sea distant so many miles Westward from the Continent of Israël In both the forenamed places the words are The great Sea to wit the Spanish And your Border as if it had been said The great Sea shall bee your possession which of it self also is your Border But in the mean while it is to bee consider'd that the whole western Ocean as far as the narrow channel of Cadiz is by the Arabians and so by the modern Jews who were their Disciples indifferently called the Romane Sea mare Al-shem or the Sea of Damascus that is the Syrian Sea mare Al-Andalús or the Spanish and lastly the mediterranean Sea the whole beeing denominated from the Coasts of som particular Countries As it may bee clearly collected both out of the Nubian Geographie as also out of the Geographical Abridgment of Abu Elchasen Hali an Arabian But this is most certain that the name of the Spanish Sea hath been used here by the Rabbins not from such a promiscuous or common denomination of the Sea but according to the explanation of such an antient Assignation of the Dominion of Israël as wee have mentioned And so this first opinion would have the whole Western Ocean as far as the streights of Cadiz which the Antients thought the utmost bound of the world to bee reckoned for that part of the Territorie of Israël which is included within the lines drawn from the Promontorie of mount Hor or Amanus and the entrance of Pelusium into the West But by the other opinion which seem's much more agreeable to reason it is determined that the Divine Assignation of the Territorie of Israël is comprehended indeed within more narrow Bounds of this Sea but yet Sea-room large enough so that according to this opinion the North and South-Borders do end at the very shore or at the utmost point of the said Promontorie North-East and at the entrance of Pelusium towards the South not stretching any farther into the West But indeed the Autors of this opinion would have a streight line drawn from that Promontorie to the entrance of Pelusium to wit from the North-East into the South thereby to limit and bound the Western part of the Dominion of Israël so that what portion soëver either of the Sea or the Isles should bee comprehended within such a line or lie on the East side of it the whole were to bee reckoned a part of the Territorie of Israël as well as any Coast upon the Continent or main Land And so after this manner the aforesaid line included within the nooks and windings of the shore of that Territorie possessed by the Tribes of Asher Ephraim Dan Zabulon and Simeon was situate before very large spaces of of the Sea for above two hundred miles and supposed to bee of the same accompt with the shore it self In the Digests of the Jewish Law this opinion is explained thus That it may bee known what com's under the name of the Territorie of Israël and what is to bee reckoned out of that Territorie as to the North-East and Western bounds whatsoëver is stretcht forth on this side and within Mount Amanus is the Territorie of Israël And that which is placed beyond that Mountain is without this Territorie And so by the same reason it is to bee determined touching the Isles of the Sea that are seated over against that Mountain Let a small Cord or Line bee drawn over those Islands from Mount Amanus to the river of Egypt that is conteined within the Line is the Territorie of Israël but that which lie's without the Line is no part of that Territorie With this agree's that of Ezekiel concerning the Sea-Coast of the holy Land after hee had described the South part which is near the Sea The West side also shall bee the great Sea from the border till a man com over against Hamath This is the West
charge Which indeed is a thing wee hear not of in later times but that so it was in the Reigns of King Henrie the third and Edward the first the Records of those times do testifie But afterwards the Universal Custodie of the Sea excepting onely what was extraordinarie was committed by our Kings to the high Admirals of England and to them alone or their Deputies and apperteineth unto them now by an unquestionable right But when any person is intrusted with that Guardianship or Custodie the possession and dominion of the King who intrust's or give 's him the Autoritie is comprehended in that Government or Command which also is confirmed by words most express and home to the business in hand that are to bee seen in a Libel or Bill of Complaint hereafter mentioned which was exhibited by a great number of the neighbor-Nations to the Commissioners of our Edward the first and Philip the fair King of France The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed paid and demanded for the Guard or Protection thereof after the Norman Conquest CHAP. XV. COncerning the Tributes or Customs that were wont to bee imposed paid and demanded for the Guard of the English Sea there are very ample antient Testimonies all along since the Reign of the Normans And those things which have been alreadie mentioned touching the Guard of the Sea do not a little confirm it It is manifest that the Tribute imposed in the time of the English-Saxons for the Guard of the Sea which was called Danegeld of whose Original and use wee have alreadie spoken was wont now and then to bee paid heretofore under the Norman Kings After the words there cited out of the antient Dialogue touching the Exchequer about the paiment thereof before the Norman Conquest it immediately follow 's thus in the same Dialogue In his Reign that is to say the ●●ig● of William the first the Danes as well as other Robbert of Land and Sea restrained the Invasions of Enemies knowing this to bee true which is written When a strong man armed keep 's his hous hee possesseth his goods in peace For they were not ignorant that resolute and valia●● men would not let injuries pass unrevenged Therefore whereas the La●d had paid it along time in the same King's Reign they were unwilling to pay that every year which had been exacted upon urgent necessitie in time of warr But yet they would not have it wholly cashiered becaus of sudden occasions Therefore it was seldom paid in his Reign or the Reign of his Successors that is onely then when they either had or suspected a warr with Foreiners And among the old Laws of England wee finde that William Rufus requiring aid of the Barons for the regaining of Normandie out of the hands of his brother Robert sirnamed Cortehole who was upon a Voiage to the Holy Land Danegeld was granted to him not established nor confirmed by a Law that is to say four shillings upon every Hide of Land which were paid for defending the Dominion by Sea For that was the intent and end of Danegeld according to its nature and original Moreover Roger Hoveden saith expresly that it was usually paid until the time of King Stephen Hee speaking of the promisses which hee made at the time of his Coronation saith Thirdly hee promissed that hee would remit Danegeld for ever that is two shillings upon an Hide which his Predecessors were went to take every year The same also is affirmed by Matthew Paris and Roger of Wendover out of whom the Chronicles set forth by Matthew until the nineteenth year of Henry the third or the year of our Lord MCCXXXV were wholly taken They say of King Stephen Tertiò vovit quòd Danegeld id est qualibet ydâ terrae duos solidos quos Antecessores ejus consueverant accipere in aeternum annis singulis condonaret So indeed wee read it in the Manuscript Books of this Matthew whereby the Printed ones are to bee amended who render it onely thus Tertiò vovit quòd Antecessores ejus accipere consueverant in aeternum annis singulis condonaret But this also is added by Hoveden These especially and divers other things hee promissed before God but kept none of them as wee are told likewise by Paris and Wendover So that this Tribute was wont to bee paid in the Reigns of William the first and the second Henrie the first and King Stephen also for the guard of the Sea And it appear's by the accomp●s of the Exchequer that it was paid somtimes in the time of Henrie the second And after that it grew out of date another cours was wont to bee taken very frequently and used as the Custom of the Land that Pay and Provisions might not bee wholly wanting to maintain the Dominion of the Kingdom of England by Sea Mention is made touching this particular in the Court-Rolls of Edward the first Terrarum ad Custodi●● Maris agistatarum that is of such Lands as were charged with a Paiment or Tribute for the guard of the Sea Wee know indeed also that it was in the same manner collected at that time under pretence of the Sea for the pay and maintenance of Land-Forces neer the Shore But certain it is that the Sea it self was guarded then with Naval-Forces as well as the Shore by Land-Forces and so that that Paiment belong'd either to the Sea it self or els to the Shore as well as the Sea Moreover Subsidies have been demanded of the people in Parlament Pour la salvation du Royalme de eu● Mesines auxint de la Meer de la March d● Escoce de Gascoign des Isles that is for defence of the Kingdom the Sea belonging thereunto the Scotish Border Gasooign and the Isles Thus the Sea and its defence and Dominion is reckoned in an equal right and condition with that of the Kingdom the Borders and the Isles Several other instances there are of that kinde But that especially is to bee observed in this place which wee finde in the Parlamentarie Records of King Richard the second concerning a Tribute or Custom that was imposed upon every ship that passed through the Northern Admiraltie that is in the Sea which stretcheth it self from the Thames mouth along the Eastern shore of England towards the North-East for the pay and maintenance of the Guard or Protection of the Sea Nor was it imposed onely upon the ships of such Merchants and Fisher-men as were English but also by the same right in a manner upon those of any Foreiners whatsoëver no otherwise than if a man that is owner of a Field should impose a yearly Revenue or Rent for the libertie of Thorow-fare or driving of Cattel or Cart through his Field Paiment was made at the rate of six pence a Ton upon every Vessel that passed by except such ships onely as
others who have enjoied a Dominion in other Seas when they have been concerned in the like Case with England having their Soveraigntie at Sea impeached and questioned by encroaching neighbors it was thought meet here to annex an ingenious and learned Plea touching the Dominion of the Sea which was very succinctly written in Italian but faithfully rendred in English by an honorable Member of this Common-wealth and published som time since under the following Title Dominium Maris OR THE DOMINION OF THE SEA Expressing the Title which the Venetians pretend unto the sole dominion and absolute Sovereigntie of the Adriatick Sea commonly called The Gulf of Venice Manifested in a Pleading or Argument betwixt the Republick of Venice and the Emperor Ferdinand Whereby is sufficiently proved That the Sea as well as the Land is liable to the Laws of Proprietie and may bee brought under the jurisdiction and protection of particular Princes and States Contrarie to the Assertion of those who affirm the Sea to be free and under the Dominion of no man Translated out of Italian LONDON Printed by William Du Gard. An. Dom. 1652. AN ADVERTISEMENT TO THE READDER I Thought it fitting not to instruct but rather to remember the Reader that this Sea over which the Venetians challenge Sovereigntie and Dominion beeing commonly called the Gulf is nothing els but a large Bay or inlet of the Sea which entering in betwixt two lands and severing them for many miles countinuance in the end receiv's a stop or interruption of further passage by an opposite shore which join's both the said lands together It is called the Gulf of Venice from the Citie of Venice situated upon certain broken Islands near unto the bottom thereof It is also called the Adriatick Sea from the antient Citie of Adria lying not far distant from the former From the entrance thereof unto the bottom it contein's in length about 600 Italian miles where it is broadest it is 160 miles over in others but 80 in the most 100. The southwest shore of it is bounded by the Provinces of Puglia and Abruzzo in the Kingdom of Naples the Marquisate of Ancona and Romagnia in the Pope's State and the Marqui●ate of Trevisana in the Venetian State The North part of it or bottom hath Friuli for it's bounds the North-East is limited by Istria Dalmatia Albania and Epirus whereof Istria doth not so entirely belong unto the Venetians but that the Arch-Duke of Gratz of the Austrian family who at this present is Emperor doth possess divers Maritim Towns therein In Dalmatia saving Zara Spalato and Cattaro they have nothing of importance the rest belonging to the Republick of Ragusa and to the Turks In Albania and Epirus they possess nothing at all it beeing entirely the Turks So that hee who shall examine the circuit of this Sea which must contein above 1200 miles shall finde the shores of the Venetian signorie not to take up intire ●00 of them omitting som scatter'd towns and dispersed Islands lying on the Turkish side of the Adriatick shore For the securing hereof from the depredation of Pirates and the pretenses of divers Potent Princes as the Pope Emperor King of Spain and the great Turk who have each of them large territories lying thereupon also to caus all such ships as navigate the same to go to Venice and there to pay custom and other duties the Republick maintein's continually in action a great number of ships gallies and galliots whereto they also add more as there may bee occasion whereof som lie about the bottom of the Gulf in Istria others about the Islands of Dalmatia to clear those parts of Pirates who have much infested those seas others and those of most force have their stations in the Island of Cor●u and in that of Candia in the first of which commonly reside's the Captain of the Gulf whom they call by the name of Proveditor or Provisor general whose office it is to secure the Navigation of the Gulf not onely from the Corsari or Pirates but to provide that neither the Gallies nor Ships of the Pope the King of Spain or great Turk do so much as enter the same without permission of the Signorie or Republick and upon such conditions as best pleaseth them which they are so careful to effect that in the year 1638 the Turkish Fleet entring the Gulf without licence was assailed by the Venetian General who sunk divers of their vessels and compelling the rest to flie unto Valona hee held them there besieged although the same Citie and Port whereon it stand's bee under the jurisdiction of the Grand Signor And notwithstanding that a great and dangerous war was likely to ensue thereupon betwixt the Grand-Signor and the Republick becaus the Venetian General beeing not content to have chased them into their own Ports did moreover then that sink their vessels and landing his men slew divers of their Mariners who had escaped his furie at Sea yet after that a very honorable peace was again concluded betwixt them wherein amongst other things it was agreed that it should bee lawful for the Venetians as often as any Turkish vessels did without their licence enter the Gulf to seiz upon them by force if they would not otherwise obey And that it should likewise bee lawful for them so to do within any Haven or under any Fort of the Grand-Signor's bordering on any part of the Venetian Gulf. Out of all which when I considered the real and absolute Sovereigntie which this Republick doth actually enjoy over this sea which they have ever defended as well by the sword as the pen and withal how that som neighboring Nations of late years did seem to envie the title of England to the narrow seas affirming in som of their writings the Sea to bee free that it neither ought nor could bee under the jurisdiction of any that it was a wilde beast which could not bee ruled that possessio beeing Pedis positio there could no possession bee either taken or kept of it that the limits thereof beeing a fluent element could not bee scored out or certainly determined that it was as free for all mankinde to use and as common as the aër with many other things to that purpose I chancing som years past to bee at Venice upon consideration of the premisses did labor with a great desire to know the grounds of that title whereupon the Venetians founded their Dominion of the Sea and after much search even to the despair of obteining of it I hapned upon this ensuing argument conteining a Plea or Dispute betwixt the Austrians and Venetians touching the Dominion of the Adriatick Sea not fictitious or devised onely to color the caus but faithfully transcribed from out the publick Registers of that Citie which I offer herewith to the Reader in English and withal these two considerations First that hereby it will appear that the Common-wealth of England's challenge to the Dominion of the Sea is neither a Noveltie