the time of that Decision The one of them beeing set forth by King Henrie the Second of France or in the year MDLV the other by Henrie the Third or in the year MDLXXXIV they were both objected by those who required a striking of Sail to them in the name of the French King even without the bounds of France for the words of the Edicts did not relate onely to the Sea confining upon France upon which ground also they offer'd violence to certain Hamburgers who refused to do this and seized them as guiltie of contempt against the dignitie and Dominion of the French by Sea But as to this thing saith Servinus it may bee said on the contrarie That the Edicts or Ordinances of the Realm making injunction to strike and com aboard have not been observed and are not to this day And it doth not appear that of the year 1555. hath been verified in the Court of Parlament but the Defendants do report onely an extract out of the Register of Broüage which indeed is evident enough when that Edict is objected by the same man Moreover it was an old obsolete Law and that which prove's it is the new Ordinance of the year 1584. For there had been no need of a new Law if the old one had been kept And notwithstanding that the last hath not been verified simply but as it was promoted by persons in Power at that time it did not pass without resistance but was Registred and Published with the Qualification required by the Procurator General at the charge of the Executor according to the antient Forms and such as the Officers of the Admiraltie had made in former time without doing any thing anew The former Edict which was objected was never admitted by the Estates of the Realm for nothing of that matter is to bee found in the Records of Parlament which is the proper place for a Testimonie of its admission But the later was indeed admitted though as to any effect of a Law either at that time to bee enacted or introduced or as received before into Custom it was plainly rejected and that at the instance of the King's Procurator who desired it might bee so qualified as you see that what was grounded upon antient Custom it onely might bee ratified even after this Edict was so admitted in favor of som great Ones Which was discreetly don seeing both the Edicts were extremely contrarie to the Custom of their Neighbors yea and of all Foreiners But as to the business of striking sail which they would have to bee a special Sign or Pledg of their Soveraigntie and Dominion in those Edicts which notwithstanding upon second thoughts were rejected afterwards in Law as hath been shewn truly it having been usually and perpetually acknowledged due for so many Ages to the English and performed accordingly both by stranger and by the French themselvs as a matter grounded upon long prescription can bee no slight argument among the French to confirm that Dominion of the English whereof wee treat Moreover it is affirmed by all that are used to the Sea as a thing out of Question that this intervenient Law or Custom of striking sail hath been very usual to the English and other Nations And that it is very antient and received for above four hundred years appear's by this that at Hastings a Town situate upon the Shore of Sussex it was decreed by King John in the second year of his Reign or of our Lord MCC with the assent of the Peers that if the Governor or Commander of the King's Navie in his Naval Expeditions which were all in that Age upon the Southern Sea shall encontre sur la mer so the words run in the Norman Tongue aucunes Nefs ou vesseaulx charges ou voide qui ne vevillent avaler abeisser leurs triefs au commandement du Lieutenant du Roy ou de l' Admiral du Roy ou son Lieutenant mais combatant encontre ceulx de la flote que silz puent estre pris quils soient reputez come enemies leurs Ness vesseaulx biens pris forfaits come biens des enemies tout soit que les Maistres ou possessours d' iceulx voudroient venir apres alleguer mesmes les Nefs vesseaulx biens estre des amies du Roy nostre seigneur que la menye estant en iceulx soient chastiez per emprisonement de leur corps pur leur rebelleté par discretion That is to say shall meet any Ships whatsoëver by Sea either laden or empty that shall refuse to strike their Sails at the command of the King's Governor or Admiral or his Lievtenant but make resistance against them which belong to his Fleet That then they are to bee reputed enemies if they may bee taken yea and their Ships and Goods bee confiscated as the Goods of Enemies And that though the Masters or Owners of the Ships shall allege afterward◠that the same Ships and Goods do belong to the friends and Allies of our Lord the King But that the Persons which shall bee found in this kinde of Ships are to bee punished with imprisonment at discretion for their Rebellion It was accounted Treason if any Ship whatsoëver had not acknowledged the Dominion of the King of England in his own Sea by striking Sail And they were not to bee protected upon the Account of Amitie who should in any wise presume to do the contrarie Penalties also were appointed by the King of England in the same manner as if mention were made concerning a crime committed in som Territorie of his Island A Recognition or Acknowledgment of the Sea-Dominion of the King of England made by very many of the Neighbor-Nations round about in an antient Libel publickly exhibited or in a Bill of Complaint instituted by them together with the English against Reyner Grimbald Governor of the French Navie Also touching a Recognition of this kinde implied in his Defence CHAP. XXVII THe other Testimonie concerning the Recognition of most Forein Nations in this particular is that Libel or Bill of Complaint heretofore instituted by very many Nations together wherein they unanimously declared the King of England and his Predecessors to bee Lords of teh Sea flowing about and brought them to give an acompt in a Court of Judicature who presumed to violate that Right For the well understanding whereof I shall relate the whole matter more at large A war being on foot between our Edward the First and King Philip the Fair of France it was so concluded somtimes by agreement that there might notwithstanding bee a Freedom of Commerce on both sides and so a Truce with all Merchants whatsoëver on either side but as to other things hostilitie proceeded in the mean time as it was wont betwixt both the Nations This special kinde of Truce was called Sufferentia guerrae sufferance of war and during war there were certain persons appointed by both Princes to take
Liberties and made you the happie Instruments of freeing us from the yoke of Kings When I call to minde how nobly you asserted the Rights of England against Domestick Tyrannie upon the neck of the late King and laid the foundation of our Freedom upon the highest Act of Justice when Justice sat more gloriously inthroned than ever it did before on any earthly Tribunal I am raised with more than ordinarie confidence that the same Spirit of Justice which acted you in your former atchievments for our establishment by Land against him and his posteritie will carrie you on as you have begun with the like zeal and magnanimitie to vindicate those Rights by Sea against all Forein violations and invasions It is your honor that God hath made you Founders of the most famous and potent Republick this day in the world and your felicitie that all your Enemies have no other Ground of quarrel but that you are a Republick For though these Netherlanders speak it not out in words yet they have often told you so in behaviour not onely as they saw a barbarous stab given you in the person of D r Dorisla yet let slip theâ— Murtherers by delaie the States-General not having issued out so much as a warrant for their apprehension but after in neglecting slighting and slender protecting to say no more of your two Ambassadors and at length in the louder language of the Cannon during a Treatie of Peace for a more strict League and Union when Tromp proclaimed to all the world that their infamous design was by Treacherie to surprise and destroy our Fleets at Sea which to use your own language are under God the Walls and Bulwarks of this Nation It is not my business here to recite their many unkindnesses throughout the late wars their designed protracting them by a mischievous underhand-siding and supplying the publick Enemie together with the many indignities affronts injuries and intolerable provocations both before and since your settling in a State of Freedom That egregious attempt upon your Shipping under pretence of a friendly salutation consider'd in all its Circumstances may serv in stead of all it beeing indeed such a Barbarism that the world cannot parallel and none but themselvs would have acted And therefore wee may the less wonder at their denying it when don since the owning must have rendred them and their present enterprise detestable to the Nations Nor is it any great marvel that after the many matchless affronts given you when your Honors out of a Christian inclination to Peace were pleased to over-pass them all and in your Answer of the 25 of June to their Ambassadors to declare notwithstanding that if you might have satisfaction for the Charges they put you to in that Summer's Preparations and Securitie for time to com by both States contracting a firm Alliance you were readie to set an end to the present differences it is no marvel I say after so great condescension on your part they should chuse War rather than Peace since it now appear's they had War in their hearts from the very begining and stood resolved to propagate their ambitious ends by waies of violence and becom yet more unjust rather than do any thing though never so reasonable that might seem to import an acknowledgment of their late injustice And to the end that England may have a true taste of their intentions it is well worthie consideration that as they have refused to give any reasonable satisfaction or securitie and with a brazen-front out-face the matter in their publick Manifest declaring therein That they will never lay down arms so long as you steer the cours you are now in so by consequence they seem resolved never to admit Peace but upon such terms as are inconsistent with your Honor and Interest and â—ix themselvs as long as they so continue in an irreconcileable enmitie to the Good of our Nation In Cases of this nature when Adversaries place themselvs at an unreasonable distance there is no securitie for a State but in a strict Bent to its own Interest nor any thing more dangerous than Middle-Counsels while an Enemie stand's out upon extremities And what greater extremitie than to invade a Neighbor's Territorie and prosecute the Invasion by a design of Conquest The Sea is indeed your Territorie no less than the Land It hath been held so by all Nations as unquestionably subject under every Alteration of Government to them that have enjoied the Dominion by Land so that the Netherlanders having enter'd your Seas in defiance of your Power are as absolute Invaders as if they had enter'd the Island it self It is just as if Hannibal were again in Italy or Charls Stuart at Worcester and the late affront given near Dover was like the one's braving it before the walls of Rome and as if the other had com and knockt at the gates of London or rather at your very Chamber-door for that insolent Act was don in that place which our Kings heretofore were wont to call and account their Chamber How nearly these things touch the honor of your Selvs and the Nation is well apprehended by your faithful friends who have been very amply instructed and quickned by your publick Declaration And it is their exceeding Joie while they see you acting and engaging upon just and honorable Grounds to make good that Right and Reputation which you have received as inviolable from our Ancestors For it hath been their great satisfaction to observ with what excellent expressions you acquit your selvs when stating the case of this Quarrel you make it known with what affection and constancie you have labor'd for the friendship of the United Provinces how carefully you have avoided all differences and occasions of a warr between the Nations yet that all Overtures of Amitie and nearest Alliance have been rejected and how that in stead of giving satisfaction for all the injuries they have don you nothing would satisfie them unless you should quietly and tamely have laid your selvs down at the feet of those who have thus endeavored to ruine you or unless you should have betraied into those hands the Rights and Safetie of the People of this Nation So that beâ—ing compelled and necessitated into a most unwelcom waâ— begun upon you you resolv to use such waies and means wherewith God shall inable you to defend your selvs and thereby to gain that just satisfaction and securitie which cannot otherwise bee had May you ever persist in this heroïck Resolution as to do no wrong to any so to defend your own Rights against all that shall dare to ravish them May you alwaies have an ear open to receiv full Satisfaction and Securitie when offer'd and a heart nobly enkindled with a magnanimous indignation to retort violence in the faces of bold Usurpers and Invaders Had the Netherlanders been content to keep within their proper Bounds it had been still our Interest as of old to have had Peace with
antient Writers Which is no slight Testimonie that the Sea and the Isle together made up one entire Bodie of the British Empire as it was then devolved unto the Romans and also that such a Custom was at that time in force upon the Sea so far as it belong'd to Britain that the like could no where bee found at least in the more Western parts there beeing no other Sea-Province among them There is besides that ordinarie instance alleged before out of the Digests of the Civil Law concerning Seius Saturninus Commander in chief of the British Navie under Antoninus or Adrian the Emperor express mention made also by Tacitus of this British Navie where speaking of the affairs of Cerealis and Civilis under the Emperor Vespasian Another fear saith hee had possessed the minde of Civilis lest the fourteenth Legion beeing assisted by the Navie of Britain should infest the Batavians upon the Sea-Coast And therefore that learned man Lipsius had no ground to conceiv that this was part of that Fleet of small Vessels called Lusoriae whereby the River Rhine was guarded to wit that part of it which guarded the entrance of the River near that place called the British Tower whereof wee spake before in the third chapter of this book For it was even the whole Navie of Britain and that which belonged wholly to the Sea not having any relation at all to the Rivers And that it belong'd to the Sea appear's not onely by the thing it self but also by what hath been alreadie spoken and what shall bee said in the next chapter touching the Count of the Saxon Shore so far at least as wee may bee able to judg of the former as wee often use to do by the latter cours that was taken in ordering affairs and disposing of Guards and Garrisons But that this was a compleat Navie and had a peculiar Prefect or Commander in chief over it is testified by a fragment of an antient Inscription in a Palace at Rome called Palatium Capranicense wherewith truly that name of Prefect of the British Navie was utterly lost Yet it appear's thereby that such a Prefecture or Command there was not of the least note among those antient dignities of the Romans and that it was committed to the same man that was likewise Prefect of the two Navies called Classis Moesica and Pannonica as also Proconsul and President of the Alps Sub-Prefect of the Pretorian Navie and Tribune of the sixteenth Legion The form of the Inscription stand's thus ................................ ................................ PRAEF CLASS BRIT ET MOESIC ET PANNONIC PROC ET PRAESIDI ALPIUM SUBPRAEF CLASS PRAET. TRIB LEG XVI FL. ECPREPUSA Moreover it is no light Argument to prove that in those times there was frequent use of that Navie in guarding the British Sea as a part of the Province of Britain as hath been alreadie said and that upon this ground becaus the very name of those scouting Skiphs which were joined with the bigger sort of Pinnaces or light Vessels upon the Guard was borrowed by the Romans in their writings from the Britains after the same manner as they took the name of those Boats called Copuli from the Germans which were likewise of that sort of Vessels called Lusoriae â—â—ploied in guarding the Rhine The Romans observed that the Britains called those Vessels Pyctas Flavius Vegetius who in the Reign of the two Valentinians composed his Books concerning the affairs of the Roman Militia out of the Commentaries of Cato Celsus Trajan and Hadrian saith scouting Skiphs are joined with the bigger sort of Pinnaces that had about twentie Rowers in all which Skiphs the Britains call Pyctas In these they use to make assaults and inâ—â—â—es upon a sudden and somtimes intercept the provision and supplies of their Enemies Shipping and by diligent watchfulness discover their approaches or counsels And that their Scouts may not bee discover'd by their whiteness they die the Saiâ—s and Tackling with a blewish color like the waves of the Sea They besmear them also with wax as they use to trim their Ships Yea and the Seaman or Souldiers put on clothes of the same blewish color so that they are the less discernable as they scout about not onely by night but also by day So far hee And the printed Books do generally render these Vessels here Pictas or Pyctas But som Manuscripts that have been used by Godescaâ—cus Stewechius call them Picatas and also wee read Picatas in two Manuscripts belonging to the King's Librarie at S t James as I was inform'd by that learned man and my very good friend Patrick Young from whence it is that in the old French translations of Vegetius it is rendred one while Picaces another Pigaces But saith Stewechius upon the afore-mentioned place It seem's more probable to mee that they were called Pincas Pinks For even at this very day there is such a kinde of Vessel known both in Britain and Holland And the ordinarie name is Een Pincke But howsoâ—ver the case hath stood here wee see in Vegetius that the scouting Vessels were emploied together with the Pinnaces and their name so observed according to the British language of that Age that there appear's not the least ground to doubt but that Vegetius was of opinion also that those Vessels were either constantly or very frequently in use among the Britains and in the Sea-Province of Britain So it is acknowledged by every man that those words Gesum a Javelin Trimarcia Three Horses Essedum a Chariot Petoritum a Wagon of four Wheels Braccae Breeches and others of that kinde borrowed either from the Gauls or Britains and received by the Romans into their own Language do sufficiently set forth the use of those things which they signifie either in Gaul or Britain Moreover also Vegetius in this place so join's together the manner of guarding the Sea and the subtile sleights they made use of for that purpose that there is no reason at all why wee should not believ that they were then used by the British Souldiers which served at Sea or who had command over the small Vessels called Pyctae or Picatae in those Guards by Sea An Examination of the Opinion of som learned men who would have the Saxon Shore from whence that Count or Commander of the Sea throughout Britain had his Title to bee the British Shore on this side of the Sea which is plainly proved to bee fals CHAP. VII BUt truly certain learned men either treating as it often fall's out of som other subject or els beeing too careless in considering the matter do otherwise interpret that Dignitie or Command of the Count of the Saxon Shore throughout Britain And in such a manner that if their determination were to bee admitted the proof or testimonie before-alleged touching a Joint-Dominion of the Sea together with the Isle in that Command under the Romans would plainly fall to the Ground These men are of
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-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
There are saith hee four Governors of the French Sea who bear an equal command under a different title and upon several Coasts of the Sea For in antient time Aquitain was possessed by the English Bretaign by its Dukes Provence by Hereditarie Earls not by the Kings of France And therefore at that time the Admiral of France had command onely over the Belgick Sea of Picardie and Normandie as far as the Coast of Bretaign But then all the other bordering Princes chose Governors of the Sea or Admirals peculiarly for themselvs And therefore the English beeing driven out of Aquitain and the Countries of Provence and Bretaign beeing brought into subjection to the Crown of France the King supposing it not fit to innovate any thing appointed a Lievtenant and Admiral of Aquitain likewise a Governor of Bretaign with the government of the Sea as also in the Prouince of Gallia Narbonensis in a manner distinct and apart from the rest But the chief Courts of Judicature belonging to the French Admiral are setled at Paris and Roan So hee And a little after hee write's that there were Princes not a few who held the Sea-Coasts as Beneficiaries that enjoied the power of Admiral in their Territories But wee have Edicts and Decrees concerning the Admiral 's Jurisdiction over the Maritim Forces Affairs and Persons in the times of Charls the fift and sixt Lewis the 12 th Francis the first Henrie the 2 d 3 d and other Kings of France as also touching the Tenths of Spoils taken from Enemies and other things of that kinde which relate unto the Goods and Persons of such as are subject to the Crown of France upon the account of any manner of Navigation whatsoêver And in these Edicts hee is somtimes called by the King Nostre Lieutenant general per la mer greves d'icelle that is our Lieutenant general throughout the Sea and the shores thereof But this Lieutenant or Governor as they pleas to call him of the Sea was never at all in command over any part of the Sea flowing between France and Britain as over a Province or Territorie to bee defended for the King of France after the same manner as the Admiral of England but in the Sea onely over the Naval Forces Persons and Affairs belonging to the French Jurisdiction much after the same manner as a Soveraign Prince take's cognizance of Offendors of his own Retinue in a Forein Territorie and rule 's them as at home but without any pretence of his to a right of Dominion in that Territorie Which truly there is no man but will conceiv that shall in the first place observ the defect and deep silence of antient Testimonies touching such a kinde of Dominion among the French besides the Qualitie of that Government among them and at length the entire and most ample Power alwaies exercised throughout the Sea and the shore lying about it under the sole command of the English and will but compare it for so many Revolutions of years with those so long broken and divided Dominions upon the opposite shore of France and with the late addition of the Sea-Coast to the Kingdom of France according to those things which have been alreadie spoken about it It is clear that there are no Testimonies before our time concerning any Dominion of this sea belonging to the King of France Nor are there any in our time except certain Lawyers who speak of it either by the By or in a Rhetorical flourish onely not in a way of asserting it by strength of Arguments Of these things I have spoken alreadie in the former Book where also other matters are alleged of special observation which confirm what is handled in this particular But now let us add hereunto that the very French Historians both of the past and present Age do affirm that in antient times the Kings of France therefore either had no Admirals at all or els that they were constituted now and then onely as occasion required becaus they had no Empire over the Sea as Tilius saith expresly in the place above-mentioned In vain therefore doth Popellinerius reprehend those Historians in saying it is fals becaus Normandie Picardie and Flanders were heretofore under the French Dominion For not to mention this that the Kings of France reigned a long time without the possession of Normandie and Flanders and reteined not any other shore besides that of Picardie as appear's by what hath been alreadie shewn and by the frequent Testimonie of Historians and the consequence doth not appear to bee good that they had any command over the Sea becaus they were in possession of som Sea-Coast no more truly than it may bee concluded that a man is Lord of a River in France becaus hee hath Lands lying by it whereas by received Custom according to the Law of France the King is Owner of all Rivers that are Navigable where they belong not to som subject by a particular prescription of possession or som other title besides the possession of the adjacent Land as the Custom is not unusual also in other places But as to what concern's the Qualitie of this Maritim Government among the French it is to bee considered that as every one of the more eminent Offices or Governments hath a peculiar place in their high Court of Parlament and that according to the nature of the Government as it chiefly respect's any Province or Government within the limits of the French Dominion as the Constable the Grand Escuyer or Master of the Hors the Grand Master and others yet the Admiral of France hath no place at all upon that account As it was determined in the time of Henrie the second when such a place was plainly denied to Gaspar Collignie Admiral of France as hee was Admiral or had the Maritim Government but it was granted him as Governor of the Isle of France as they call it under the King For by the title of Admiral hee had no Government in Chief within the limits of the Kingdom but becaus beeing Admiral of the Fleets and Sea in the aforesaid sens which is out of the King's Dominion hee exercised Jurisdiction over Persons and Affairs onely upon the Accompt of the Sea therefore in this respect hee was to bee denied any place For which caus likewise it came to pass as it seem's that those four distinct Admirals before-mentioned have in like manner also a Government of Provinces from which they are wont to bee denominated as wee understand by these passages alreadie cited out of Choppinus and others that write of this matter So they that have any principal command within the limits of the Kingdom that is within the shores of France do enjoie an equal privilege with the other more eminent dignities of the Realm Moreover also the Regulation of those Rivers whereof the King of France is Lord are not under the Admiral 's Government but under the special charge of those
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
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
and others as well Strangers as Natives Enemies as well as Friends may freely lawfully and without peril go unto pass to and fro and frequent the said Isle and the places upon the Coasts thereof with their Shipping Merchandise and Goods as well for shelter from foul weather as upon any other their lawful occasions and there to use free Commerce and Traffick and to abide with safetie and securitie and to com away thence and return at pleasure without any damage trouble or hostilitie whatsoëver in their Affairs Merchandise Goods or Bodies and that not onely near the Island and places aforesaid upon the Coasts and their Precinct but also within the spaces distant from them as far as a man may ken that is so far as the sight of the eie can attain And this is called a privilege which you see extend's so far into the Sea it self as the sight of the eie can pierce from the shore And if so bee this privilege did not proceed from the Kings of England as they are Lords both of the Sea and the Isles and by the same right that the Isles themselvs belong to them as hath been said before it cannot in reason bee imagined from whence it had its original There is not so far as wee know so much as a pretence of a Grant made by any other Princes But onely by the Kings of England who unless themselvs were Lords of the whole Sea flowing about by what Title and Autoritie did they ordein such a Truce so far within the Sea on every side between enemies of all Nations whatsoëver that came unto those Islands But as our Kings have very often commanded that all manner of persons should ceas from hostilitie not onely within the aforesaid Creeks but also throughout the spaces extended thence at pleasure into their Territorie by Sea so in like manner they indulged the like kinde of privilege for ever throughout these Coasts of the French shore that all manner of persons though enemies to one another might securely sail to and fro as it were under the wings of an Arbiter or Moderator of the Sea and also freely use the Sea according to such spaces or limits as they were pleased at first to appoint Which without doubt is a clear evidence of Dominion Certain publick Records wherein of old the Dominion of the Sea is by the way asscribed to the Kings of England both by the King himself and also by the Estates of Parlament debating of other matters and that in express words and with verie great deliberation as a known and most undoubted Right CHAP. XXIII I Shall next of all cite several publick Records which are kept in the Tower of London wherein the Dominion and possession of the Sea is by the way expressly asserted as belonging to the King of England and that both by the King himself as also by the Estates of the Parlament of England as they were debating about other matters For that is the sixt head of the former Division King Edward the third intitle's himself and his Predecessors Lords of the whole Sea flowing round about in the several Commissions given to Geoffry de Say Governor or Commander of the Southern and Western Sea and John de Norwich of the Northern the limit of distinction beginning as it was usual at the Mouth of the Thames out of which Records wee here set down theform which is especially to bee consider'd so far as it make's to this purpose The KING to his Beloved and Trustie Geoffry de Say Admiral of his Fleet of Ships from the Mouth of the River Thames toward the Western parts greeting Whereas Wee have of late commanded you by Our Letters that you together with certain Ships out of the Cinque-ports which wee have order'd to bee furnished and made readie for war according to our Command should set forth to Sea to oppose and resist certain Gallies provided and inforced with men of war in divers forein Parts which as Wee were inform'd were set out towards the parts of our Dominion to aggriev Us and Our people or els to turn their cours toward the Coasts of Scotland for the relief and succor of our Enemies there And in regard it hath been related by som that Gallies of that kinde to the number of XXVI are newly com to the Coasts of Bretaign and Normandie and do still abide there as it is supposed to do what mischief they can against Us and Ours or to succor Our said Enemies as is aforesaid Wee calling to minde that OUR PROGENITORS THE KINGS OF ENGLAND have before these times been LORDS OF THE ENGLISH SEA ON EVERIE SIDE yea and defenders thereof against the Invasions of Enemies and seeing it would very much grieve Us if our Kingly honor in this kinde of defens should which God forbid bee lost in our time or in any sort diminished and desiring with God's help to prevent dangers of this nature and provide for the safeguard and defens of the Realm and our Subjects and to restrain the malice of our Eenemies Wee do therefore strictly require and charge you by the duty and Allegeance wherein you stand bound according to the special trust reposed in you that immediately upon sight of these presents and without any farther delay you do set forth to Sea with the Ships of the Ports aforesaid and the other Ships which are now readie and that you arrest the other Ships in obedience to our command which Wee lately requir'd you to arrest But so that they might bee readie and provided to set forth according to Our aforesaid Command seeing Wee caused the Masters and Marriners of the same Ships to bee prepared and gather'd together whether they were within your Liberties or without and to caus them beeing well provided of men of war and other necessaries to hasten out to Sea with the aforesaid Ships and that with all diligence you make search after the aforesaid Gallies and other Ships of War abroad against us and stoutly and manfully set upon them if they shall presume to bend their cours for the end aforesaid toward the parts of Our Dominion or the Coasts of Scotland And if they steal away from you so that you cannot meet with them then you are with the aforesaid Ships of our Fleet without any delay to follow after the same Gallies and Ships of War set out against Us if they shall make towards our Kingdom or the Coasts â—f Scotland aforesaid and courageously to destroy them for the conservation of our Royal honor But yet Wee will not that you occasion any hurt or hindrance to Merchants or others passing by Sea who have no intention to offend Us and our Subjects or to succour our Enemies Then follow 's a power to press Seamen and som other matters of that kinde The day also and Autoritie is subscribed after this manner Witness the King at the Town of S t John the sixteenth day of August By the King himself and
Sea That the Kings of England never had prohibited Navigation and Fishing in the Irish Sea between England and Ireland as if they would have had it proved from thence that the Dane ought not to bee prohibited Fishing or Navigation between Island and Norway becaus neither were Lords of the Sea but had possessed the Shores onely on both sides by an equal Right There were other particulars also no less rashly spoken touching a communitie of the Sea as wee observed before Concerning Navigation and Fishing in the Norwegian Sea I shall add more by and by But as it was ill don of those Commissioners in that Treatie to make use of an Argument drawn from a necessarie communitie of the Sea so there is no truth in that which they let fall concerning the Irish Sea For wee know that not onely those pettie Potentates bordering near the Sea heretofore that were in Rebellion and had usurped the Kings Right in many places of Ireland did exact grievous Tributes of Foreiners for the very libertie of Fishing but also it was expressly provided by Act of Parlament that no Foreiner should Fish in the Irish Sea without leav first obteined to this purpose from the Lord Lievtenant or som other lawsul Deputie or Officer of the King of England yea and that all Foreiners should pay yearly for every Fisher-boat of XII Tons or upward thirteen shillings and four pence and for everie lesser Vessel two shillings upon pain of forfeiting their Vessels Furniture and all Goods whatsoëver if so they refused this kinde of paiment or did not acknowledg this Soveraignite of the Lord of the Sea But I shall insert the whole Act touching this business that wee may understand what was the most received Opinion of all the Estates of Ireland touching this Right here of the King Item at the requeste of the Commons that where divers vessels of other landes fro one daie to other goynge to fish amongst the kings Irish enemies in divers partes of this sayd land by which the kings said enemies bee greatlye advanced and strengthened aswell in vitualles harneys armor as dyvers others necessaries also great tributes of money given by every of the said vessells to the said enemies from day to day to the great augmentation of their power and force against the King's honor and wealth and utter distruction of this said land thereupon the premisses considered it is enacted and ordeined by aucthoritie of the said Parliament that no manner vessell of other landes shall bee no time nor season of the yeere from henceforth from the feast of the Nativity of our Lord Jesus Christs next comming go in no part of the said land betwixt the said Irish enemies to no manner fishing without one special licence of the Lieutenant his deputy or Justice of the land for the time being or licence of another person having the kings power to grant such licence upon paine of forfaiture of the shippe and goods to the king And that whatsoever person or persons that find or impeche any of the said vessells rumpants or forfaites against this act by the auctoritie of the same it bee lawfull to them so making any claime in behalfe of the King and approving the said forfaytures by any of the said vessels to be made that the king shall have th' one moitye of the said forfeyture and the said person or persons shall have th' other without anye impechment and that all manner vessells of other lands comming in the said land of Ireland a fishing being of the burden of twelue tunnes or lesse haveing one Drover or boate everye of them to paye for the maintenance of the Kings warres there xiii s. iiii d. by the yeer And all other small vessells as scarfes or boates not haveing Drover nor lighter being within the said burden of twelve runnes every of them shall paye twoe shillings goings a fishing in the like manner Provided alwayes that no vessell fyshing in the North parte of Wicklo be charged by reason of this art and that the Lieutenant his deputy or Justice of the land for the time being shall have the foresaid summes and duties of mony so paid to be imployed in the Kings warres for the defente of the said land and that the Customers and Collectors of the same summes shall accoumpt before the said Justice Lieutenant or Deputy for the time being or such Auditors that shall be for the same appointed by the king or them and not before the Barons of th'exchequer in the said lande and that none of the saide vessels so comming from other parts in the saide lande shall not depart out of the saide lande till every of them pay their said duties upon pain of forfeiture of the vessels and goods to the King There are som also who affirm that the King of Spain obteined leav by request from our Queen Marie for XXI years to fish in the more Northerly part of the Irish Sea and that thereupon a Revenue of one thousand pounds per annum was advanced to the Exchequer in Ireland A Proclamation also was set forth by James King of great Britain prohibiting any foreiner without leav first obteined to fish in this Irish Sea But as to what concern's that Controversie about the Isle of Man although it bee remember'd by Giraldus who wrote in the Reign of Henrie the Second nevertheless it is to bee conceived that it arose in the more antient times of the English-Saxons when all that lie's betwixt England and Ireland was in subjection either to the Kings of Ireland or Britain that is when both of them had in this Sea distinct Territories of their own whose Bounds were in question Certain it is as Beda write's that Edwin the most potent King of the Nortbumbrians or rather of all the English-Saxons subdued the Mevanian Isles to the Dominion of England about the year DCXXX That is to say both that Mevanian which wee call Anglesey the other also which is Man whereof wee discoursed But in the later time of the Anglo-Saxon Empire the Norwegians or Danes who exceedingly infested both this and the North-east Sea with very frequent Robberies at length seized both this Isle and the Hebrides and held them almost two hundred years So that in the mean time this of Man could not in a Civil sens bee ascribed either to Ireland or Britain But that the Kings thereof were at that time Lords as well of the neighboring Sea as of the Isles may bee collected out of their Annals where we find that Godred whose sirname was Crovan King of Man in the year of our Lord MLXVI brought Dublin and a great part of Laynster under his subjection And so throughly subdued the Scots that no man who built a Ship durst drive in more than three Nails So that hee gave both limitation and Law to the Shipping of his Neighbors which is all one as to enjoy the very Dominion of the Sea as I have shewn in