write's that Leo made a change against reason of Law And here especial care must bee taken to avoid that which som have presumed to affirm touching those most excellent Books of Justinian which make up an entire Bodie of the antient Law That the Law prescribed in those Books is not the Law onely of a Citie but even of Nations and nature and that the whole is so fitted unto nature that after the Empire was extinct though the Law was a long time buried yet it rose again and spread it self through all the world And therefore that it concern's even Princes although it was framed by Justinian for private persons As if the law natural and of Nations were to bee derived onely out of those Books For not to mention how that not onely very many Decrees and Custome's introduced in the Romane-Germane Empire it self and other places abroad have extremly alter'd many things conteined in those Books but also that wee finde divers Kings both of Spain and France have somtimes heretofore prohibited the use of them in any kinde within their Courts of Justice there are truly som things in the very Law of the Nations of Europe who receiv those Books and that upon very good ground both into their Schools and Courts so far as the particular Laws of their Kingdoms will permit I mean in their Law Common or Intervenient which are not grounded at all upon the Law of Justinian but have had their original from Customs quite contrarie thereto Prisoners of war are not now made slaves nor are the Laws concerning captivitie or Remitter upon return from Captivitie touching the persons of men in any use at all which notwithstanding take up a Title in the Digests Ships driven by wrack upon a Shore do by the Law of Justinian which is confirmed also in the Roman German Empire belong either to the former Owners or as things relinquished and unpossessed to the first Finders nor doth the Exchequer interpose any Claim whereas nevertheless according to the Law of divers Nations intervenient to themselvs and their Neighbors it bee most certain that those Ships are very often confiscated according to the varietie of Custom As among the English the Britains Sicilians som Borderers upon the Shores of Italie and others And although it bee accounted crueltie by som to persue profit upon so sad an occasion as it was also by the Emperor either Constantine or Antoninus who made a Law thereupon yea and though besides the Decree of the Lateran Councel the Bull Coenae Domini do blast those every year with Excommunication that plunder the goods of such as suffer Shipwrack in any Sea upon any pretence of Law or Custom whatsoêver yet the Custom of confiscation in this case derived not its Original from the rude and barbarous Ages but it flowed first from the most antient Maritim Laws of the Rhodians which were in use among the Grecians in their flourishing condition as shall bee shewn by and by and from thence was received by divers Princes Also when the Emperor's Ambassador as Bodin saith made complaint before Henrie the second King of France that two Ships beeing driven a Shore were seized by one Jordanes Ursinus and demanded a restitution of them Annas of Momorancie Master of the Hors made Answer that all things which had been cast upon Shore did by the Law of all Nations belong to such Princes as have commanded the Shores So far hath Custom taken place in this particular that Andraeas Doria did not so much as complain about those Ships that were cast upon the French Shore and made prize by the Admiral of France So far hee In like manner Whales and other Fish of extraordinarie bigness do not according to the known Law of England Portugal and other Nations belong to him that first seizeth them but either to the Exchequer or which is all one to such as the Prince shall grant a Royaltie of that nature Other instances might bee brought sufficiently to shew that the Law natural and of Nations is not wholly to bee drawn out of such Decrees or Determinations as are found in the Books of Justinian And so that what is there inserted touching a Communitie of the Sea doth not in any wise diminish the Autoritie of the received Customs of so many Ages and Nations But it is to bee observed that the Sea is said in those Books to bee common as the Aâ—r and as wilde Beasts are common As if indeed the neighboring Aâ—r it self could not pass into private Dominion as well as a River that is possels'â— and wilde Beasts that are taken Moreover those Antients do ordinarily conjoin a communitie of Shores and Ports not unlike to that which they teach of the Sea As if the very reason of the Dominion of Ports and Shores as they belonged either to the people of Rome or which is all one here to the Prince himself were not manifestly drawn as wee have expressly shewn alreadie out of Celsus from the Imposts and Customs which are frequent enough both in the Shores and Ports of the â—oman Empire and in the Books of Justinian as in many other places For as the paiment of that Tribute which is called Solarium à Solo and thence by the Greek Lawyers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for an hous that is built upon the ground of the Common-weal or the publick ground was a sufficient Argument that the Common-weal or the Prince was Lord of the Soil so indeed also the Custom paid for the use of Ports manifested that there was the same kinde of Dominion over Them Also Ports themselvs are rightly supposed to bee a part even of the Continent as appear's in another place Moreover also Justinian appropriated the Hellespont to himself in such a manner that hee would not permit Merchants and Sea-men to enjoy a freedom of that Sea and the Ports but at an extraordinarie rate if wee may believ Procopius who was his comtemporarie and wrote his Affairs Nor did they imagine there was any difference betwixt the Dominion of the Sea and that over the Land or People who about 400 years since put this Inscription upon the Monument of the Emperor Frederick the second Qui Mare qui Terras Populos Regna subegit Who subdued the Sea the Land Nations and Kingdoms To wit in the Cathedral Church of Palermo in which place notwithstanding the Imperial Law flourished at that time as well as in the rest of the Roman-German Empire The sum of all is that those antient Lawyers do deliver many things carelessly touching this matter not onely such as thwart the most received Customs of Nations through almost all Ages but such also as do sufficiently contradict one another especially whilst they join the Shore it self and consequently the Ports together as it were in an equal state of Communitie So that they are equally
the saufegard of the Seas for the entercourse of Marchandise safely to come into and to pass out of the same which is the usual form of words That is to say these words are part of the Preface or Preamble which was usually placed in the beginning of any Law or Statute whereby that most known Custom or Impost of Tonnage and Powndage was wont to bee imposed For the keeping and sure defending of the Seas against all persons entending or that shall extend the disturbance of us your said Commons in the intercourse and the invading of this your Realm So that the King of England hath ever been so accounted the Arbitrator and Lord of Commerce throughout these Seas that it could not lawfully bee hindred without his Commission Which truly is a manifest evidence of that Dominion or Ownership whereof wee treat And here you see also that the defence of the Realm that is of the Island for somtimes the Isle alone and somtimes the Sea also as I shall shew by and by is comprehended in that name and of the Sea as of those things which are held and possessed by one and the same Right is joined together The Tribute or Custom afore-mentioned which was wont to bee imposed and the usual form of the same Imposition may bee seen compleat in the printed Acts of Parlament of K. Kdward the Sixt and others following But it appear's most certain by the Rolls that the Predecessors also of this Edward whose Records are yet extant did enjoy the same or the like according to the various Custom of the Times Observations touching the Dominion of the English and Irish Sea from the tenor and varietie of those Letters Patents or Commissions Roial whereby the Admirals of England were wont to bee put in Autoritie CHAP. XVI THe usual form of Commission whereby the High Admiral of England is wont to bee invested with Autoritie for the Guard of the Sea run's thus at this day as it hath don also for very manie years past Wee give and grant to N. the Office of our great Admiral of England Ireland Wales and of the Dominions and Islands belonging to the same also of our Town of Calais and our Marches thereof Normandie Gascoigne and Aquitain And wee have made appointed and ordained and by these Presents Wee make appoint and Ordain him the said N. our Admiral of England Ireland and Wales and our Dominions and Isles of the same Our Town of Calais and our Marches thereof Normandie Gascoign and Aquitain as also general Governor over all our Fleets and Seas of our said Kingdoms of England and Ireland our Dominions and Islands belonging to the same And know yee further that Wee of â—uâ— especial grace and upon certain knowledg c. Do give and grant to the said N. our great Admiral of England and Governor general over our Fleets and Seas aforesaid all manner of Jurisdictions Autorities Liberties Offices Fees Profits Duties Emoluments Wrecks of the Sea Ejectments Regards Advantages Commodities Preheminences and Privileges Whatsoëver to the said Office our great Admiral of England and Ireland and of the other Places and dominions aforesaid in any manner whatsoëver belonging and appertaining And afterwards there follow verie many other particulars in the King's Commission setting forth that most ample Command and Jurisdiction In former times as hath been alreadie shewn you this kinde of Commanders were called Custodes Maris Guardians or Keepers of the Sea who afterward began to bee invested with the name of Admirals in the Reign of Edward the First But their Commands were usually restrained to certain Limits of Coasts So that particular Commanders were somtimes set over each of the Three Western Southern and Northern Coasts but for the most part over the Western and Northern Seldom was one set over both before that the Title of Admiral of England Ireland and Aquitain was put into the Commissions of which more by and by But as the name of Guardian of the Sea was taken from the Sea it self whereof hee was Governor as of a Province so that of Admirals a word whose Original is very uncertain but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Amiralius was used of old for a Commander of a Fleet or Navie not onely in the West but also in the Eastern Empire derived its name of Dignitie either from the Fleet wherewith hee defended his Jurisdiction at Sea as it was usual heretofore or els from the Land either bordering upon that Jurisdiction or joined therewith as it hath been in the later Form of Commissions Whereupon from the time of Edward the first unto Henrie the Fourth about one hundred and Fiftie years they were in solemn manner created Admirals of the Fleet or Navis of our Ships towards the Northern Parts or towards the Western Parts or the Southern or as it â—â—ll out somtimes of both together For the Southern and Western Coast did as appear's by the thing it self signifie one and the same That is to say the Coast stretched here and there along the Shore from the North of the Thames But as the Dignitie of those Officers called Comes and Magister Equitum of the West Magister Equitum throughout Gallia Magister Militum throughout the East Magister Militum throughout Thrace and others of that kinde in the Imperial Offices did no less denote the Autoritie and Jurisdiction of them that commanded in these Provinces who before were Lords of the Provinces than if they had been called Comes and Magister of the West Magister throughout Gallia throughout the East and throughout Thrace so it is evident that the Admirals of the Fleets and Navies whereby the Sea is guarded after the same manner as the Land is possessed by Land-Forces did no less set forth the Command and Dominion and civil possession of those that had autoritie over the Sea who before were Lords of the Sea then if they had been styled Guardians of the Sea Commanders or Admirals in their Commissions And such as were so constituted Admirals of both Coasts or of the whole English Navie were somtimes by a general name called Admirals of England over the Sea before that form of words was put into the Royal Commissions And of this sort of Admirals you have a Catalogue set down by that eminent man Sir Henrie Spelman in his Glossarie where there are others also that follow But such a change hapned in the Form of the Commissions in the time of Henrie the Fourth that there was one man appointed Admiral not onely of the fleets or Navies but of England and Ireland over whose Fleet of Ships or Navie for Defence of the Irish Sea somtimes a particular person was made Admiral as was Thomas Percie Earl of Worcester yea and in express words also Admiral of Aquitain and Picardie As was Thomas Beaufort who also was Duke of Excester under Henrie the Fifth in the thirteenth year of Henrie the Fourth after hee had surrendred the Commission whereby hee had
before been made Commander of the Fleets And hee was the first for ought wee know that was created in this manner But in the next Form of Commission the name of Picardie was left out So indeed in the fourth year of Henrie the Sixth or Anno Dom. MCDXXVI John Duke of Bedford was by Commission made Admiral of England Ireland and Aquitain That Form continued about 88. years or throughout the Reigns of Henrie VI Edward IV Richard III Henrie VII and the three first years of Henrie VIII And about that time ten others were in like manner made Admirals for the most part perpetual of England Ireland and Aquitain the last of which was John Earl of Oxon who was Commissionated in that Form in the first year of Henrie the Eight But there followed another alteration or addition of Titles in the fourth year of that King Anno Dom. MDXIII At that time Sir Edward Howard Knight son of Thomas Earl of Suâ—â—ie afterwards Duke of Norfolk was made Admiral of England Wales Ireland Normandie Gascoign and Aquaitain To which words Calais and the Marches thereof are added in the Commission of William Fitzwilliams who also was Earl of Southampton beeing appointed Admiral in the twentie eight year of King Henrie the Eight This Form of Commissions held in use afterward through the whole Reign of that Henry adding according to antient Custom the clauses touching Jurisdiction But in the beginning of Edward the Sixt Thomas Baron Seymour of Sudeley brother to Edward Duke of Somerset was made Admiral almost in the same words as that William Earl of Southampton inserting after the name of Calais Boloign and the Marches of the same After him followed John Earl of Warwick who was created by Edward the Sixt in the third year of his Reign our Admiral of England Ireland Wales Calais and Boloign and our Marches of the same of Normandie Gascoign and Aquitain as also Governor general over all our Fleets and Seas And in the same Commission hee is styled afterwards Great Admiral of England and Governor of our Fleets and Seas But after a while the name of Boloign being omitted the next high Admiral of England was created in the very same Form of words as is mentioned before in the beginning of the Chapter For in the same Form was William Baron Howard of Effingham Son of Thomas Duke of Norfolk made Admiral in the beginning of Queen Marie or Anno Dom. MDLIII And the Command or Government of those Seas as the principal charge of that Office or Dignitie is more notably expressed there as you may see than in the Commission of the Earl of Warwick From that time forwards the very same Form was kept alwaies as in the Commission of the high Admiralship granted to Edward Baron Clinton afterwards Earl of Lincoln in the Reign of Philip and Marie also in the Commission of Charls Baron of Effingham afterwards Earl of Nottingham in the time of Q. Elizabeth and of Charls Duke of York in the time of King James besides George Duke of Buckingham who enjoied the same Office or Command in the same words in the Reigns of James and Charls So that for above eightie years or thereabout that is from the beginning of Q. Marie the whole form as it is set down in the beginning of this Chapter was ever expressly reteined in the Commissions of the high Admiralship of England so far as they denote either the Countries or the Seas or the Dominion of the same But therein the Admiral is styled Governor General over all our Fleets and Seas just as John Earl of Warwick was likewise expressly appointed in general tearms under Edward the sixt or over our Seas aforesaid But what were those Seas or the Seas aforesaid They are in the fore-going words expressly called the Seas of our said Kingdoms of England and Ireland our Dominions and Islands of the same That is in plain tearms Mer d' Engleterre d' Ireland Gales or the Sea of England Ireland and Wales after which manner the Seas belonging to the Dominion of England are sometimes also described in our Laws which are called likewise now and then by our Lawyers Les quatre Miers d'Engleterre or the four Seas of England divided according to the four Quarters of the World So that in the most received form of this Commission after the beginning of Queen Marie's Reign out of which also the sens and meaning of former Commissions is to bee collected wee have a continual possession or Dominion of the King of England by Sea pointed out in express words for very many years And what wee have alreadie spoken by way of Collection out of these that followed the beginning of Marie touching the sens or meaning of former Commissions wherein a positive Command of the Sea is not expressed is truly to omit the thing it self which sufficiently intimate's as much of its own nature not a little confirmed upon this ground that hee also who before any express mention of our Seas took place in the form of the Commission of the high Admiralship was next preferr'd to the same dignitie was immediately after his Creâtion according to the whole Title of his Office as beeing the same title which indeed alwaies belonged to the Admirals of England styled Great Admiral of England and Governor General of the Navie and our Seas So verily Thomas Baron Seymour whom I mentioned before is styled Admiral of England in the Patent Roll granted to him by Edward the sixt It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of England from antient to the present time that the Sea for whose guard or defence hee was appointed by the King of England as Lord and Soveraign was ever bounded towards the South by the shore of Aquitain Normandie and Picardie CHAP. XVII BUT in the Form alreadie shewn which hath continued in use for so many years you see mention is made onely of the Seas of our Kingdoms of England and Ireland our Dominions and Islands belonging to the same as the Province for whose guard or defence the Admiral was appointed that is as wee have told you the English Irish and Welch Sea all which is conteined under the name of the British as it hath been observéd at the beginning of this Book Yet the names of Normandie Gascoign and Aquitain besides Calais are added which are Provinces seated upon the shore over against us As to what concern's them in this place they are either to bee considered in the same manner as if they had been alwaies held in subjection by the English from the time of the first mention of them in the Commission or as they have alreadie for som Ages past been out of their Jurisdiction But suppose in the first place that they had alwaies remained in the Jurisdiction and Possession of the English Questionless
howsoêver the Admiral of England might then according to this Form of Commission have had Courts of Admiraltie in those Provinces as there is no place almost without Courts of Admiraltie even where not any Dominion of the Sea at all is pretended to belong unto the place wherein they are held yet by no means might hee thence bee called Commander of the Sea it self if so bee you except the Ports and such like Creeks of the Sea which are as it were incorporated within Land either as it may bee said to belong to Normandie or to Aquitain Gascoign or Picardie But by virtue of this form of Commission hee had exercised Maritim Jurisdiction in those Provinces beyond Sea no otherwise almost than our Admiral in England and Ireland or others the like do at this day over men's persons goods upon the African Mediterranean Indian or any other Sea at a remote distance For the extent of such a Jurisdiction by Sea is without bounds But the extent of his Jurisdiction or of the Sea over which hee is placed Admiral as Warden Guardian or President to defend and keep it under the Dominion of him who is Lord thereof are bounded And it sufficiently appear's by express words of the antient form of Commission that no Sea is conteined therein as a Province to bee defended but that which is either English Welch or Irish or relate's to England Wales and Ireland as an appendant From whence it follow 's that those names of the opposite shores in the Commissions do not at all mention the Sea flowing between as proper to those shores or belonging to them in any kind but serv onely as a limit beyond the Sea so far as concern's the limiting of the English and Irish Sea as those names also of England VVales and Ireland serv in stead of a limit on this side of the Sea so far as in the Commissi on they denote the Sea under the Admiral 's Charge or Protection So that even as that Officer called the Count of the Saxon shore throughout Britain was eminently according to the name of his dignitie Commander of the whole Sea flowing between Gallia and Britain as of a particular Province which hath been shewn alreadie and had the name of the opposite shore for the limit of his Jurisdiction so the high Admiral of England or Commander of the Sea belonging to the English Empire hath in the King's Commission the shore of Normandie Gascoign Aquitain and Picardie to set forth onely the beyond-Sea limits of his Jurisdiction or Command so far as hee hath charge of defending the Sea-Province or Dominion belonging to England in those shores which lie over against us For if any say that the case is otherwise wherefore then is not the sea over which hee hath command denominated from som of these shores over against us as well as of the English Irish and Welch or the Seas of the Kingdoms of England Ireland and Wales and of the Dominions and Isles belonging to the same The Reason is becaus no other Sea as it fall's under a Civil consideration for wee speak not here of the denomination given by Geographers doth flow between the Territories on this and the other side of the Sea which are mentioned in his Commission Therefore as in that Roman dignitie of the Count of the Saxon shore throughout Britain the shore was the transmarine bound or limit of that dignitie so also in the Command of the high Admiral of England so far onely as hee hath a Province or Jurisdiction by Sea as a Governor of a Territorie those opposite shores or transmarine Provinces named in his Commission are to bee reckoned the Bounds of the Sea under his Charge or Protection And this truly is sufficiently apparent from the words of the Commission alreadie handled if so bee wee suppose as hitherto wee have don for discours sake that the Kings of England did all the while that form of Commission was in use retain those Beyond sea Provinces under their Dominion as the Romans had don of old But the matter is made more evident if wee observ how the names of those Provinces have at least from the time of Queen Marie been so kept in the form of this Commission that since her Reign there remain's not the least ground for any of those in the Commission to signifie any other thing than what wee have alreadie declared For in her Reign Calais was yielded up to the French and since that time the English have not been possessed of any Province upon any part of the opposite shore Moreover also in the one and thirtieth year of King Henrie the sixt or Anno Dom. MCCCCLIII the English were driven out of Gascoign Aquitain and the other Provinces of France by the French King Charls the seventh Nor was there after the time of this Henrie any Officer or Governor of Note appointed or that could conveniently bee appointed by the English either in Normandie or in Aquitain it self yea nor in Normandie either after or long before the loss of Aquitain It is true indeed that the Countie of Guise Calais and som other Towns in Picardie besides those neighboring ones that Henrie the eight gained by force of arms in the same Countrie remained long after in subjection to the Kings of England yea and that a small part of Aquitain yielded obedience though not constantly to the King of England for som years after Henrie the sixt but not the whole Dutchie Nor doth it make to the contrarie that somtimes under som of our later Kings there was one appointed Captain General or Governor over all our subjects in Normandie with which Title both Ambrose Earl of Warwick and Adrian Poynings were honor'd in the time of Queen Elisabeth For they were meerly Generals of the Forces that were transported thither to assist the King of France not invested at all with any Government or Command of the Dutchie of Normandie But yet even after the time of Henrie the sixt the name of Aquitain was constantly retained in the Commission of the High Admiralship of England That is for one hundred and fourscore years or thereabout after the English were driven out of Aquitain as appear's in the former Chapter Hereto at length was added as is shewn there also the name of Normandie in the beginning of Henrie the eight whereas notwithstanding the King of England was not possessed of Normandie a long time before nor in any wise after nor did hee in that agreement made a little before with the King of France claim any other possession in Picardie besides that of Calais and the Territorie of Guise and Hammes And so it hath continued now for one hundred twentie two years also in the Commission of Maritim Government or high Admiralship of England without any relation at all had to the Government or Command of the Dutchie it self but onely of the shore which bounded the Sea under his Master's protection upon
oppose the Dominion of the King of England by Sea CHAP. XVIII THat there were Admirals also constituted by the French King upon the opposit Shore of France is known to everie man And as there is an Admiral appointed in Gallia Narbonensis to over-see maritim Affairs there so also on the opposite Shore there are distinct Offices of the Admiral of Aquitain Bretaign and Normandie and the adjoining Coasts But the French Lawyers of late are wont to call their Admiral in Latine Praefectus Maris Governor of the Sea as if the Sea were subject to him also as a Governor whereas notwithstanding if the thing bee rightly consider'd that Government of the Sea by what name soëver it bee called doth not signifie as among the English any Dominion of one having command in any nearer part of the Sea for wee speak not of the Sea of Marseille which hath no relation hereunto but onely of their Naval Forces in any Sea whatsoëver together with the Government of the Sea-men and Jurisdiction over their persons and moveables which may fall under the determination of a Judg pour raison ou occasion as they say de faict de la mer that is by reason or upon occasion of any suit or controversie arising about Sea-Affairs For the more plain understanding whereof wee must make farther enquirie In the more antient times there were indeed Admirals or Governors of Sea affairs among the French yet so that their Writers do not a little differ about the original of the dignitie They for the most part say that Rotlandus is found to have been Governor of the Sea of Aremorica or Bretaign under Charlemaign whom they fetch out of Eginhartus who wrote the life of Charls at that time But in Eginhartus he is expressly called Governor not of the British Sea but onely of the Shore of Britaign as wee told you in the former Book In which name there is a description not of one that govern's the Sea as a Province but who command 's the Shore as the limit of his dignitie That is to say of the same kinde as those Counts or officers were who were deputed in that Age to guard the Sea Coast and secure it from the incursions of enemies by Sea There is also a nameless Autor of a Chronicle belonging to a Monasterie called Monasterium Besuense who write's that this guarding of the Shores under the Caroline Kings was given over a little after the time of Charlemaign But in the following Ages the Kingdom of France beeing divided as it wereby piece-meals into several principalites that which a long retained this name of the Kingdom of France was reduced into so narrow a compass that the Province of Narbon was held by Sovereign Earls of its own Aquitain or the Western Shore which lie's more Southerly with Normandie by the English Bretaign either by Kings or Dukes of the same aud Flanders by Earls So that whilst the whole Sea-Coast except Picardie remained separate from that Kingdom there was Sea little enough lying before it Yea and the Naval Forces were small enough of which before the accession of a larger Sea-Coast to the French Kingdom there was most use in the expedition of the holy War Nor was any other Governor wont to bee appointed there by the name of Admiral then hee who as occasion required was put in Command over the Navie and Militarie Affairs by Sea yea and was borrowed from som Nation bordering upon the Sea as the Genoeses or others of that kinde But the Kings themselvs had at that time no Command over the Sea as it is expressly written by Johannes Tilius a Clark of the Parlament of Paris His words are these After that the Kingdom of France was lessen'd by divisions and the Kings confined to more narrow Dominions becaus they had potent Vassals who enjoied Feuds with absolute Soveraigntie if you except their homage for the King of England held the Dutchies of Normandie and Aquitain Britain had a Duke of its own and slanders Tholouse and Provence had their Earls the Kings of France for a long time had no command over the Sea and therefore had no need of Admirals until they undertook the Expedition for the holy Land at which time they made use of Genoeses whom they hired with Spaniards or other of their neighbors that were well skill'd in Sea-affairs to under-take the care of transportation having no office appointed for that purpose and by this means they had many Admirals in one single Expedition But after that the English had quitted Normandie and the Kingdom of France had gotten ground upon the Sea-Coast the use of Sea-Affairs also was somwhat augmented That is to say about the times of John and Henrie the third Kings of England So that the first Admiral that they reckon in the Catalogue of French dignities of whom any memorie is left to posteritie was Enguerandus Coucaeus in the time of Philip the Bold King of France or about the year 1280 as it is related by Joannes Feronius And what kinde of dignitie his was appear's sufficiently thence that his next Successors Matthew Momorancie and John Harcourt were onely upon a particular occasion put in command over the Sea-Forces by Philip the fair as wee understand by their Commission Yea and they are mentioned by William de Nangis by the title of Admirals as others also are by Joannes de Beka in the time of Philip the fair Although Joannes Tilius reckon's Amaurius Viscount of Narbonne to bee the first that bare the dignitie of Admiral in France as a constant setled Office over the Affairs of the Sea to wit in the time of John and Charls the fift Kings of France that is about the year 1300 whilest others are too busie in summing up divers other particulars touching the Antiquitie of this command among the French Afterwards Aquitain was added to the Dominion of the King of France in the year 1453. Henrie the sixt of England beeing driven out But in the year 1481. the Province of Narbonne in the year 1491. the Dutchie of Bretaign and lastly in the space of som years all that the English held in Picardie was added also So all the Sea-Coast except Belgium returned into the Patrimonie of the Kingdom of France Hereupon it came to pass that four Sea-Governments or Admiralships were afterwards in use therein notwithstanding that somtimes one and the same person held several together But of these the Government that belong's to the shore of Normandie and Picardie is at this day usually called the Admiralship of France becaus before that the Province of Narbonne Aquitain and Bretaigne were annexed to the patrimonie of the Crown the onely Maritim Government in the Realm of France was that of Picardie whereto Normandie was added afterward as the next Province the other three beeing denominated from their respective Provinces The whole matter is very well set forth by Renatus Choppinus
Officers that are called Presidents or Masters of the Waters and Forests That is to say the publick Waters which are within the Bounds of the Kingdom and over which the King hath Dominion do belong to another dignitie not at all to the Admiral who according to the general nature of his Office is not appointed to take charge of any Province there much less of the Rivers as in England The principal intent therefore of this Office or Dignitie is onely to command the Fleets by Sea For which caus also som years since Henrie of Momorancie Admiral of France having set up a Statue on hors back at Chantillie in honor of his Father Henrie Duke of Momorancie call's himself in Latine onely Navalis Militiae Magistrum Master of the Militia by Sea instead of Admiral So that never any Admiral constituted by the French King either of France or Britain or Aquitain had any autoritie in the Sea it self whereby hee might challenge a Dominion to himself as Governor or Commander in Chief which may bee said in like manner of all the Admirals of the Belgick and the neighboring shore on this side and of the Cantabrian or Spanish shore on the other side For the autoritie of them all so far as concern's this particular hath been and is alike Wee know indeed that this dignitie was wont to bee styled Admiral of France and Governor of the Roial Navie as the same Dignitie among the English was usually called in the same manner Admiral of England and Governor of the Roial Navie in several Leagues that have been made betwixt the English and French But it is clear by what hath been shewn that they bare the Office or Dignitie called by the same name upon a different accompt And the Qualitie of a Dignitie is to bee valued by the nature of the Charge not by the bare name or title And let so much serv to bee spoken touching the defect of antient Testimonies and the Nature or Qualitie of the Government But now as to what concern's the most ample and entire Command of the English for very many Ages and the comparing of it with those several Governments heretofore on the opposite shore it is most certain that there was almost from the very beginning of the very first Times of the English-Saxons one entire Empire throughout England and so on the whole shore which lie's over against Germanie France and that part of Spain called Biscay and this also in the time of that Heptarchie which is mentioned by Writers For there was alwaies som one person who had most power therein and to whom the rest yielded obedience as wee are told by Beda And touching that particular there is a notable Testimonie in Alcuinus where by reason of the Quarrels betwixt Offa King of the Mercians that is indeed of the most large and in a manner the most midland part of the Heptarchie and Charls sirnamed the Great King of France Navigation was so prohibited on both sides that Trade was wholly obstructed which truly cannot bee conceived unless these large Territories near the Sea had been under the Dominion of Offa yea the Inscription whereby Offa was wont to set forth his Roial Title was often exprest after this manner Offa by the Grace of God King of the Mercians and also of the Nations round about But after the time of Egbert or the 800 year of our Lord there is a continued Catalogue plain enough of those Kings whether English-Saxons or Danes who unless you fondly except Edmund the Anglo Saxon and Canutus the Dane by whom the Kingdom was for som little time divided did Reign without any other sharer in the Dominion upon this shore No wonder then that the Kings of England beeing entire and absolute Lords in command of so ample a shore for so many Ages did also take special care to retein the Dominion of the Sea lying before it as an Appendant of the Island especially seeing they not onely had so long and large a command likewise on the shore over against us but also there were not any of their neighbors that could in any wise hinder it except such as possessed som pettie Countries bordering on the Sea which truly may bee so called beeing compared to the spacious shore of the English Empire and those also that were under distinct Jurisdictions The summe of all this is seeing that about the beginning of our great Grand-Father's daies there was onely a very small shore conteined within the bounds of the French Kingdom and the Lords of the Maritim Provinces by the addition whereof that Kingdom as wee have alreadie shewn was afterwards enlarged did not so much as pretend any Right to the Dominion of the Neighboring Sea upon the interest of those Provinces and seeing no Testimonie can bee had in the Monuments of antient Writers concerning such a kinde of Dominion but that very many are found touching the Sea-Dominion of the Kings of England they having continually possessed the whole English shore in its full latitude under one entire Empire for above a thousand years and concerning the perpetual enjoiment of the Sea as an Appendant of the Kingdom Therefore it follow 's that their Right is very manifest in this particular and so that the Sea it self is a Province under the tuition or protection of the Admiral of England as part of the Kingdom but that the Admirals of the shore lying over against us are not in reason to bee called Governors of the Sea in such a sens as may signifie any Dominion of a Commander in Chief in the Sea it self out of the Ports or other In-lets of that kinde For which caus also it was that som Ages since very many of the Neighbor-Nations understanding well enough the Right of England made their Complaint in express tearms against Reyner Grimbald Admiral of the King of France becaus that l' Office del Admiralté en la mier d' Engleterre per Commission de Roy de France tourcenousment Emprist usa un an plux c. That is becaus hee had arrogated to himself and for the space of a year exercised the Office of Admiraltie by the King of France his Commission in the English Sea The old Records from whence this is taken are set down entire by and by where you have more also that make to the same purpose And so much may serv to bee spoken touching the Guard or Government of the English Sea as a part of the King's Territorie or Province and Patrimonie of the Crown That in the Dominion of those Islands lying before the shore of France which hath ever been enjoied by the Kings of England it appear's that the possession of the Sea wherein they are situate is derived from their Predecessors CHAP. XIX THat a Possession and Dominion of this Southern Sea hath been held also of old by the Kings of England is not a little manifest by the Dominion of
cognisance of things don contrarie to this Truce and pass their Judgments according to the Law or Custom of Merchants and the Form of Sufferance After a revolution of som years wherein this kinde of Truce took place and somtimes not a League was made in the year of our Lord MCCCIII which is the one and thirtieth of Edward the first The first Article of that League is that those Kings should not onely bee at amitie with each other but also that they should defend one another in all manner of Rights against any others whomsoêver except the Church of Rome and on the part of the King of England his son in law John Duke of Brabant but on the part of the King of France Albertus King of the Romans and John Earl of Henault But the third Article thereof for the first and third is of singular use in that Libel or Bill of Complaint as will appear by and by is this Item il est accorde qe l'un ne receptera ne sustendra ne confortera ne fera confort ne aide as Enemies de l' autre ne soffera qu' ils eient confort souccors ne aide soit de gent d' armes ou de vitailes ou d' autres choses queles q' eles soient de ses terres ou de son poiar mais adiondera sur peine de forfature de corps d' avoir empeschera à tot son poair loiaument en bon foi qe les dits enemies ne soient resceipts ne confortes es terres de sa seignurie ne de son poiar ne q'ils en aient confort soccours ne aide soit gents d' armes des chevaux d' armeures de vitails ou d' autres choses queles q' eles soient which is in English to this effect that according to this contract of amitie they were neither of them in any wise to cherish the enemies of the other nor suffer any kinde of aid or relief to bee afforded them in their Territories The war beeing thus at an end becaus there arose very many complaints concerning injuries don up and down as well in the more open as in our own Sea during the special Truce afore mentioned but also it was probable that others of that kinde might arise perhaps after the League was made especially by reason of the differences at that time betwixt the French King and the Earl of Flanders therefore Commissioners were appointed by both Princes to hear and decide them And those at that time on the behalf of the King of England were Robert de Burghershe Constable of Dover Castle and John de Banquell Steward of Pontoise Baraldus de Sescas and Arnaldus Ayquein Knights on the French King's behalf were appointed the Lord Saquilly Mittonius Blanvillius Bertrandus Jordanus and Gulielmus Ralastansius Knights also To the end that they might take cognisance so it is in the King of England's Commission des enterprises mesprises forfaites en Treve ou en Sufferance entre nos le dit Roy de France d' un part d' autre es costeres de la mer d' Engleterre autres per deceâ— ausint per devers Normandie autres costeres de la mer per de la that is of encroachments injuries and offences committed on either side in time either of the League or Sufferance or of the Truce agreed on between Us and the said King of France for freedom of Commerce onely either upon the Sea-Coasts of England or any other neighboring Coasts of the Sea either towards Normandie or others more remote But the aforesaid parties were autorised by two Commissions in such manner that the one Commission contained four and the other also four an equal number beeing appointed by both the Kings They both bear date the last day of June MCCCIII To these Commissioners or others of that kinde the Libel was jointly exhibited by Procurators on the behalf of the Prelates and Peers of England also of the high Admiral of England yea and of the Cities and Towns throughout England and lastly of the whole English Nation and others subject to the King of England and how this could bee don otherwise than by autoritie of the Estates in Parlament is not to bee imagined With these in like manner were joined the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoëses Catalonians Spaniards Almains Zelanders Hollanders Friâ—slanders Danes and Norwegians besides others under the Dominion of the Roman German Empire All these together instituted an Action or Complaint against Reyner Grimbald who beeing Governor of the French Navie had during the war between King Philip of France and Guie Earl of Flanders intercepted and spoiled Merchants of their Goods in this Sea that were bound for Flanders And all these Complainants jointly say that the King of England and his Predecessors have time out of minde without controversie enjoied the Soveraigntie and Dominion of the English Sea and the Isles of the same by right of their Realm of England that is to say by prescribing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished than with such necessaries as belong to Merchants and by demanding suretie and affording protection in all places where need should require and ordering all other things necessarie for the conservation of Peace Right and Equitie between all sorts of people passing through that Sea as well strangers as others in subjection to the Crown of England Also that they have had and have the Soveraign Guard thereof with all manner of Conisance and Jurisdiction in doing Right and Justice according to the said Laws Statutes Ordinances and Prohibitions and in all other matters which may concern the exercise of Soveraign Dominion in the said places To wit such matters as concern'd the office and jurisdiction of the Admirals that were wont to bee appointed by the Kings of England Then adding the first Article afore-mentioned of the League made but a little before whereby both Kings were obliged to defend one another's right they proceed in their Accusation against Grimbald saying That hee is onely Master of the Navie of the King of France but call's himself Admiral of the said Sea and pretend's that hee was autorised under that title by the King of France upon occasion of his making warr against the Flemings And that after the making of the said League and contrarie to the intent and meaning of the same hee had for above a years time unjustly assumed aâ—d usurpâ—d the office of Admiral in the said Sea by autoritie of the King of France his Commission taking the People and Merchants of England and other Nations passing through that Sea imprisoning and spoiling them of their Goods and delivering them up to the King's Officers as Goods forfeited and confiscate And whereas hee hath in a very insolent manner justified these actions of his in writing as don by autoritie of the King his Master's Commission as also according to
that Libel by so many Nations Moreover truly it is worthie observation that about the very same time to wit a little before the making of the League the King of England did homage to the French King for the Dutchie of Aquitain the Earldom of Pontois and other Provinces that hee held in France that hee was also wholly deprived of them som time before by decree of the Parlament of Paris yea and that about one hundred years before King John was outed of Normandie and yet afterward that the King of England now and then regained a possession of it and that before the time of the League and of the publication of this Libel which serv all to this end that wee may observ that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain and the absolute Dominion thereof was asscribed by so many Nations upon a Title derived time out of minde to the King of England and his Predecessors yet in the mean time no title at all was pretended in right to their possession either of Normandie or Aquitain whereupon a Dominion of any part of the Sea might in any sort bee grounded but claimed upon the sole right of the English Empire And it appear's evident by the thing it self that the things complained of by those Nations in the Libel were don by that Governor of the French Navie chiefly in the Sea near the shores of France and Flanders which were in hostilitie with each other And so certainly they all unanimously affirm that the whole Sea whereof they speak is under the Dominion of the King of England and that upon the sole Account and right of the English Empire And as for Grimbald hee did not defend himself either by a pretence of any Dominion of the King of France or by disproving of that Prescription whereupon the English Title depend's as a thing not declared according to Truth or antient Right nor did hee at all pretend that the Right which the Kings of England had in the Sea borde ring upon France did belong to them either upon the account of Normandie or any other French Province whatsoêver as Fiduciarie Clients or Vassals of the King of France though it had been convenient and very seasonable for him to have alleged all these Particulars if the Truth had been so indeed Whereby also that is not a little confirmed whereof wee discoursed before about taking the names of the shore over against us in the later Commissions of the Office of high Admiral of England for limits onely of the Sea-Dominion of the Kings of England and of the Province thereof under their protection Moreover also about seven years before the exhibiting of the aforesaid Libel to the Commissioners when as the King of France by reason of divers heinous injuries don to his Subjects by the English in this Sea required that the King of England as hee was the Fiduciarie Client or Vassal becaus of Aquitain and other Provinces that hee held under him in France should bee questioned not onely for wrong don but also for his right to those Lands which hee held and bee summoned to appear in the Parlament of Paris the matter beeing set down at large in the Letter of Summons hee inserted nothing therein whereby hee might seem to arrogate any Sea-Dominion at all to himself or diminish that which belong'd to the King of England as you may see in I lorilegus who hath set down an entire Copie of them in his Annals The same Autor also speaking of the same Time saith At that time there was neither Lord nor Law over the Sea men but what every man was able to catch or snatch hee called his own which plainly denote's an extraordinarie Licence or of Depredation and infesting the Sea yet so to bee understood that in the mean time the incomparable power of the English in Shipping which guarded their Dominion by Sea according to the Custom of their Ancestors was chiefly signified thereby the King very freely permitting his Subjects to use depredations by Sea as long as the war continued For Florilegus himself relate's that great numbers both of French and Spaniards were then taken at Sea by the English Yea and about that time Thomas of Walsingham write's that either a French or Norman Navie of two hundred Sail which roved about this Sea to rob the English were overcom by a Fleet of sixtie English Ships and brought into England There is also another antient Autor of the same time when these affairs were acted who saith That in the Month of May MCCXCIV there fell out a Quarrel between the Sea-men of the Cinque-Ports of England and the Sea-men of France and it was determined by a fight at Sea wherein the English with a Fleet of one hundred Sail took two hundred Ships of France and drowned or killed almost all the Sea-men of France for which caus Philip King of France endeavored to take away Gascoign from the King of England Others there are likewise that have other expressions touching these things whereby it is easie to collect what is meant by that of Florilegus when hee saith that there was neither Lord nor Law over Sea-men at that time that is to say the King of England had let the reins loos to his Subjects as Moderator of this Sea and this hee did that they might not onely restrain his enemies but them also that should reliev his enemies in any manner whatsoêver or that should use the Sea otherwise than at his pleasure who was Lord thereof But as concerning the like acknowledgment made singly and apart by the Flemings of the Dominion of the Kings of England over the Sea I shall Treat by and by after that I have in the next place set before you the Libel it self in its own that is the Norman Tongue as it stand's recorded in the Tower of London A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter CHAP. XXVIII IN the Archives of the Tower of London where Records of above four hundred years are kept there is a bundle of Parchments which contein som affairs relating to the times of Henrie the Third and of Edward the First and Third The first contein's an agreement made between Edward the First and Guy Earl of Flanders touching their Ships bearing of Colors about this Sea to the end that they might bee the more easily known Then there are annexed three either Originals or Copies of the said Libel written at the same time For as it seem's the several Procurators of those Nations that were parties in the Complaint had their several Libels though expressed in the name of all together So that one is endorsed thus De Baiona as if that Libel had been exhibited singly by the men of Bayonne but the title run's thus De Superioritate Maris Angliae Jure Officii Admirallatûs in eodem
THERE IS NO MEMORIAL TO THE CONTRARY HAVE BEEN IN PEACEABLE POSSESSION OF THE SOVERAIGN LORDSHIP OF THE SEA OF ENGLAND AND OF THE ISLES WITHIN THE SAME with power of making and establishing Laws Statutes and Prohibitions of people as well of other Dominâ—â—ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right aâ—d Iustice to high and low according to the said Laws Staâ—uâ—es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of aâ—â—â—al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iudâ—â—â—nâ— aâ—d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying Sâ—â—ps otherwise furnished and â—et forth thâ—â— Merchant-men use to bee aâ—d in all other points where a man may have reasonable caus to suspect them of Robbery or other â—…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all Aâ—â—ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judiâ—aâ—ure are very seldom set down in Historiâ—â— But wee understand by the French Historie that this Griâ—bald was Govâ—â—â—or of the French Navie at the very same time Paulus AEmiliuâ— writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa â—ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Reginâ—rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left
NEPTUNE to the COMMON-WEALTH of England 1 OF Thee great STATE the God of Waves In equal wrongs assistance crave's defend thy self and mee For if o're Seas there bee no sway My Godhead clean is tane away the Scepter pluckt from thee Such as o're Seas all sovereigntie oppose Though seeming friends to both are truly foes 2 Nor can I think my suit is vain That Land the Sea should now maintain since retribution's due And England hath great wealth possest By Sea's access and thereby blest with plenties not a few Which next the virtue of thy watchful eies Will her secure from forein miserles 3 Thy great endeavors to encreas The Marine power do confess thou act'st som great design Which had Seventh Henrie don before Columbus lanch'd from Spanish shore the Indies had been thine Yet do thy Seas those Indian Mines excell In riches far the Belgians know it well 4 What wealth or glorie may arise By the North-West discoveries is due unto thy care Th' adopting them with English names The greatness of thy minde proclaim 's and what thy actions are New Seas thou gain'st to the antient FOUR By Edgar left thou addest many more 5 If little Uenice bring 's alone Such waves to her subjection as in the Gulf do stir What then should great Britannia pleas But rule as Ladie o're all seas and thou as Queen of her For Sea-Dominion may as well bee gain'd By new acquests as by descent maintain'd 6 Go on great STATE and make it known Thou never wilt forsake thine own nor from thy purpose start But that thou wilt thy power dilate Since Narrow Seas are found too straight For thy capacious heart So shall thy rule and mine have large extent Yet not so large as just and permanent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Published by special Command LONDON Printed by William Du-Gard by the appointment of the Council of State and are to bee sold at the Sign of the Ship at the New-Exchange Anno Domini 1652. TO The Supreme Autoritie OF THE NATION The PARLAMENT of the Common-wealth of ENGLAND Right Honorable I Should not have presumed thus in the mid'st of so many great affairs to press into your presence did I not bring a Present in my hand most worthie of your acceptance It is that Learned and elaborate Work entituled MARE CLAUSUM A Piece so fully vindicating your Right of Soveraigntie over the Seas by the clearest evidences of Reason and Record from all Antiquitie that it stand's more impregnable against the Pens than the Island it self against the Attempts of Forein Nations It was written Originally in Latin for the asserting of this Right before all the world and how they have been convinced by it appear's hitherto by the universal Admiration that attend's it But considering what pitie it was that so rare a Jewel as this which hath drawn the envie of som few but the Approbation of All should lie so long lockt up in a Language unknown to the greatest part of that Nation whom it most concern's and how necessarie it is in this present Juncture to let the People have a clear understanding of their nearest interest and how that Right hath been received in all Ages which a strange People in this latter Age have been bold to undermine it was judged very requisite to unlock the Cabinet and expose the Jewel to the view of the whole Nation that they may prize it and apprehend not onely their own Interests and Concernments but how far wee and our Posteritie must stand indebted to the name and memorie of the noble SELDEN As for my self though it bee accounted one of the meanest Services to Translate yet when I consulted with my own Thoughts which way I might best express my dutie and affection to your present Caus and consider'd that little could bee said or collected upon this subject of the Sea which is not abundantly set forth in this irrefragable Treatise I conceived it a Task of no less importance than difficultie And now it is don if it were well don I should believ my self to have atteined no small happiness in having my name any way related to the Learned Autor who shall ever live like himself in this excellent Book as long as there is any memorie of Britain or of the Sea that flow's about it It was a work begun it seem's in the Reign of King James and then laid aside again for above sixteen years but afterwards revived alter'd and enlarged by the Learned Autor as hee saith in his Epistle at the command of the late Tyrant And as it was written for him so it was dedicated to him as beeing supposed one who was or ought to have been a fit Patron of the Dominion here asserted However this I finde that as hee seemed by his naval Preparations in the year 1635 to resent the many injurious usurpations of our unruly Neighbors and did in words also strenuously assert the Jurisdiction at Sea so hee set a value upon this Book as it 's main Evidence and in the 12 year of his Reign it was upon his special command deliver'd by the hands of Sir William Beecher one of the Clerks of his Council to the Barons of the Exchequer in open Court and by immediate Order of that Court it was placed among their publick Records where it remain's to this day Now had hee persisted with the same firm resolution in this honorable business of the Sea as hee did in other things that were destructive to the Nation 's interest the Netherlanders had been prevented from spinning out their long opportunitie to an imaginarie Claim of Prescription so that they would have had less Pretence to Act those Insolencies now which in former times never durst enter the Thoughts of their Predecessors The truth is too much easiness and indulgence to the Fathers and Grand-fathers of the present Generation was the first occasion of elevating them to this height of Confidence in pressing upon the Seas of England For who know's not with what tenderness and upon what terms they were first taken into the bosom of Queen Elisabeth yet they were no sooner warm but they shew'd their sting and proved the onely great vexation becaus deceitful friends to that excellent Ladie who in those Infant-daies was both Mother and Nurs of their ungrateful Republick Too
the Southern and Eastern part of it as Lords thereof together with the Island before they were brought under the Roman power p. 188 CHAP. III. That the Britains were Lords of the Northern Sea before they were subdued by the Romanes And that the Sea and the Land made one entire Bodie of the British Empire pag. 201 CHAP. IV. That the Dominion of the British Sea followed the Conquest of great Britain it self under the Emperors Claudius and Domitian pag. 205 CHAP. V. Touching the Dominion of the Romanes in the British Sea as an appendant of the Island from the time of Domitian to the Emperor Constantius Chlorus or Diocletian pag. 211 CHAP. VI. Touching the Dominion of the Southern and Eastern Sea as an appendant of the British Empire from the time of Constantine the Great till the Romanes quitted the Island That it was all under the Command of the Count of the Saxon Shore throughout Britain Also concerning the British Navie under the Romanes pag. 217 CHAP. VII An Examination of the Opinion of som learned men who would have the Saxon Shore from whence that Count or Commander of the Sea throughout Britain had his Title to bee the British Shore on this side of the Sea which is plainly proved to bee fals pag. 231 CHAP. VIII Som Evidences concerning the Soveraigntie and inseparable Dominion of the Isle of Britain and the Sea belonging thereto out of Claudian and certain Coins of the Emperor Antoninus Pius pag. 242 CHAP. IX Touching the Dominion of the British Sea after that the Inhabitants had freed themselvs from the Romane power pag. 247 CHAP. X. It is proved both from the very beginning of the Saxon's Reign as also from their Forces and Victories by Sea that the English-Saxons and Danes who ruled the South part of Britain had Dominion over the Sea pag. 251 CHAP. XI The Sea-Dominion of the English-Saxons and Danes during their Reigns in Britain observed in like manner from such Tributes and Duties of their Fiduciarie Clients or Vassals as concerned the maintenance of the Navie Also concerning the Tribute or Paiment called Danegeld which was wont to beelevied for the Guard of the Sea pag. 259 CHAP. XII The Testimonies of Edgar and Canutus Kings of England with others expressly declaring the Dominion which they and their predecessors had over the Sea Together with an observation touching the Nations which in that Age were seated upon the opposite Shore pag. 273 CHAP. XIII Several Testimonies concerning the Sea-Dominion of the Kings of England since the Norman Conquests set forth in general heads pag. 284 CHAP. XIV That the Kings of England since the coming in of the Normans have perpetually enjoied the Dominion of the Sea flowing about them is in the first place proved from the Guard or Government thereof as of a Province or Territorie that is to say from the verie Law of the English Admiraltie pag. 287 CHAP. XV. The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed paid and demanded for the Guard or Protection thereof after the Norman Conquest pag. 295 CHAP. XVI Observations touching the Dominion of the English and Irish Sea from the tenor and varietie of those Letters Patents or Commission Roial whereby the Admirals of England were wont to bee put in Autoritie pag. 305 CHAP. XVII It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of England from antient to the present time that the Sea for whose guard or defence hee was appointed by the King of England as Lord and Soveraign was ever bounded towards the South by the shore of Aquitain Normandie and Picardie pag. 312 CHAP. XVIII Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may oppose the Dominion of the King of England by Sea pag. 321. CHAP. XIX That in the Dominion of those Islands lying before the shore of France which hath ever been enjoied by the Kings of England it appear's that the possession of the Sea wherein they are situate is derived from their Predecessors pag. 333 CHAP. XX. The Dominion and possession of the Sea asserted on the behalf of the Kings of England from that leav of preter-Navigation or passage which hath been usually either granted by them to Foreiners or desired from them pag. 344 CHAP. XXI That Licence hath been usually granted to Foreiners by the Kings of England to fish in the Sea Also that the Protection given to Fisher-men by them as in their own Territorie is an antient and manifest Evidence of their Dominion by Sea pag. 355 CHAP. XXII The Dominion of England made evident from the Laws and Limits usually set by our Kings in the Sea to such Foreiners as were at enmitie with each other but in amitie with the English And concerning the King's Closets or Chambers in the Sea Also touching that singular privelege of perpetual truce or exemption from hostilitie in the Sea about those Isles which lie before the shore of Normandie pag. 363 CHAP. XXIII Certain publick Records wherein of old the Dominion of the Sea is by the way asscribed to the Kings of England both by the King himself and also by the Estates of Parlament debating of other matters and that in express words and with verie great deliberation as a known and most undoubted Right pag. 375 CHAP. XXIV Of divers Testimonies in our own Law-books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted pag. 382 CHAP. XXV Son antient Testimonies of less account touching the Sea-Dominion whereof wee treat pag. 394 CHAP. XXVI That the Sea-Dominion of the Kings of England is acknowledged by Foreiners whom it most concerns by their usual striking of Sails according to antient Custom Also concerning two Edicts or Ordinances that were set forth about this thing by the Kings of France pag. 398 CHAP. XXVII A Recognition or Acknowledgment of the Sea-Dominion of the King of England made by very many of the Neighbor-Nations round about in an antient Libel publickly exhibited or in a Bill of Complaint instituted by them together with the English against Reyner Grimbald Governor of the French Navie Also touching a Recognition of this kinde implied in his defence pag. 403 CHAP. XXVIII A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter pag. 415. CHAP. XXIX A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second pag. 429 CHAP. XXX Of the Dominion of the King of Great Britain in the Irish and Western Sea considered singly and apart by it self pag. 433.
that in it which may seem to import that hee call's himself King of the Ocean especially if you consider those words which wee finde somtimes among Germane Writers in the Title of Charls the fifth Emperor and King of Spain In the Preface to the constitution concerning publick Judicatories in the Empire hee is called King of the Canarie Ilands also of the Islands of the Indies and of the Continent and of the Ocean Archduke of Austria c. And in the Imperial Sanctions published in high Dutch Konig-under Jnsulen Canariae auch der Jnsulen Indiarum und Terrae firmae des Maers Oceant c. as you may meet with it at least six hundred times The word Ocean is added as if hee entitled himself King of the Ocean But this is a mistake for the same in Spanish is Rey c. de las Islas y terra firma del mar Oceano c. that is King of the Islands and of the Terra firma of the Ocean namely the Islands or Continents of or lying in the Ocean which Pope Alexander the Sixth gave to Ferdinand the Fifth King of Spain all of them lying Westward from the very first Meridian of those hee entitle's himself King not of the Ocean it self How far private Dominion over the Sea is admitted according to the Customs or opinion of the French CHAP. XVIII AS concerning Dominion of the Sea according to the Customs of the French som perhaps may seem to have met with verie ancient evidences thereof in those Officers deputed for the guard of the Sea-Coasts whom wee read of in the Statute-Books and in that Rotlandus Governor of the British that is the Aremorican shore mentioned in the life of Charle-maign by Eginhartus a Writer of that time But those dignities have relation not so much to the Sea it self as to the shore and Sea-Coast or the border of the Land confining with the Sea notwithstanding that Rotlandus is by the French-men of this and the former Age promiscuously styled Governor both of the Sea and Shore as if there were no difference But it cannot bee denied that Princes heretofore upon the Shore of Aremorica or Bretaign as the Veneti of whom wee spake before did upon the same Shore impose Custom upon Ships as for the use of the Road upon their Coasts and challenge to themselvs other Rights of the like nature called Nobilitates super navibus So it is to bee read in an ancient Record made in the time of Duke Alanus in the year MLXXXVII concerning Precedence of Place among the Nobles of Bretaigne In that Record the second place is assigned to the Viscount of S t Pol de Leon who as the very words of it are had verie many of those Customs called Nobilitates super navibus imposed on such as passed the Ocean upon the Coasts of Osismer or Leon which as it was said Budicius an antient King of Bretaign did give and grant to one of his predecessors upon Marriage in reward of the virtue fidelitie and valor of that Viscount but with the consent of the Prelates Counts Barons and Nobles of Bretaign What these Nobilitates were and whence they had their original is partly declared by Bertrandus Argentraeus somtime President of the Province of Renes where hee discourseth also of the right of giving Pass ports which they call brefs de conduicte at this time in use on that shore That saith hee whereas till then it had been a right peculiar to the Princes beeing given by way of Dowrie to the Barons of Leon of which wee have alreadie spoken out of the aforesaid Record remained an hereditarie and proper right to that Familie until Joannes Ruffus the Duke redeemed it for a vast sum of monie of Guynomarius Baron of Leon after that Peter Mauclerc of Dreux Duke of Bretaign had in vain attempted to re assume it by force of arms It had its original they say upon this occasion When our Princes and antient Kings considered the daily Shipwracks made upon that shore where there were many Rocks and but few Havens they made a Law that none should set to Sea without their leav Such as did set out paying a certain rate had passes and guides appointed them that were well acquainted with the Sea and Shores They that refused forfeited their ships with all their tackling and furniture thereof and if the Ship were cast away their goods also were confiscate They that had leav were in no danger of confiscation and if they suffered Shipwrack had libertie to recover as many of their goods as they could And these guides were paid their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Conduct-money which wee have mentioned elswhere called by them droit de salvage These Tickets or Passes are given out now as heretosore at a certain price And among other Revenues of the Exchequer they also were rented out to the Farmers of the Custom So far Bertrandus from whom Renatus Choppinus borroweth almost the very words But Petrus Berlordaeus Advocate of the Parlament of Reines tell 's us that the Custom of taking forfeiture in that manner of all shipwrack't goods was abolished there by an Edict in the year MDLXXXIII But in the mean time for so much as concern's any part of that Western Sea lying next the Shore these are manifest evidences either of Dominion or of subjection in the Sea which indeed sufficiently prove by the Customs of that people that the Sea is capable of Dominion Moreover upon occasion of these Passes there have been controversies raised somtimes between the Dukes of Bretaign and the Kings of England as may bee seen in certain memorials of the affairs of Bretaign which have relation to the times of our Richard the second and John the Fourth Duke of Bretaign But this wee know for certain that in the agreement made between our Edward the Fourth and Francis the second Duke of Bretaign in the year MCCCCLXVIII concerning mutual traffick and free passage to and fro for the subjects of each Nation during a truce of thirtie years there is an express proviso concerning Wrecks but such a one as left an equal right to both of them not altogether unlike that which for many ages hath been in use upon the English Shore No mention at all beeing made in the Articles of the Truce either of the right or use of these aforesaid Passes as beeing a thing in no wise admitted by the English But som modern Lawyers among the French do vainly affirm that their King is Lord not onely of a part of the Sea neighboring upon the Territorie of Bretaign but of the whole Sea that is adjoyning to any part of France and so of the British or English Sea also By which very Assertion of theirs they sufficiently declare their judgment that there may bee a soveraign over the Sea The King saith Charondas Caronaeus is supreme Lord of the Seas which flow about his
defence of his Kingdom against Foreiners and the training up of himself and his people for warlike emploiments Thus the Guardianship or maintenance of the Dominion by Sea is evident But as concerning the Fleets aforementioned they each of them consisted of MCC ships and these as Writers say expressly very stout ones so that in the time of his Reign the British Navie consisted of such ships to the number of Three thousand six hundred Sail as Florentius and Hoveden speak expressly But others write that these Fleets amounted to Four thousand ships as John Bramton Abbot of Jorvaux others adding to these Three a Fourth Fleet whereby the number is increased to Four Thousand Eight hundred Sail as you may see in Florilegus So as Florentius also saith Hee by the help of God governed and secured the bounds of his Kingdom with Prudence Fortitude Justice and Temperance as long as hee lived and having the courage of a fierce Lion hee kept all the Princes and Lords of the Isles in aw Wee read also in Ordericus Vitalis of King Harold or Herald that hee so guarded the Sea with a force of soldierie and shipping that none of his Enemies could without a sore conflict invade the Kingdom So that wee cannot otherwise conceiv but that these Naval Forces were at that time disposed and the Sea-Fights undertaken for the defence and guard of the Sea as an Appendant of the English-Saxon Dominion in this Island Especially if wee duly compare these things alreadie manifest with those which are added by and by to this particular touching the same age The Sea-Dominion of the English-Saxons and Danes during their Reigns in Britain observed in like manner from such Tributes and Duties of their Fiduciarie Clients or Vassals as concerned the maintenance of the Navie Also concerning the Tribute or Paiment called Danegeld which was wont to bee levied for the Guard of the Sea CHAP. XI HEre follow next the Tributes and Duties of Vassals concerning the maintenance of the Navie or Guard of the Sea which are evidences also of that Sea-Dominion which was in the time of the English-Saxons I call those Tributes which were wont to bee levied for the re-inforcing of the Navie and for provision of Victuals for the Sea-men Of which kinde were those that were levied according to the value of men's estates in Land for the setting forth of ships in the time of King Ethelred For at that time whosoever possessed CCCX Cassatos or Hides of Land was charged with the building of one ship And they were all rated proportionably after this manner who were owners of more or less Hides or of part of an Hide as Marianus Scotus Hoveden and Florentius do all tell us in the very same words Ethelred King of England say they gave strict command that one Gallie should bee charged upon CCCX Cassati but a Coat of Armor and an Helmet upon nine and that ships should bee built throughout all England which beeing made readie hee victualled and manned them with choice souldiers and appointed their Rendezvous at the Port of Sandwich to secure the Bounds of his Kingdom from the irruptions of Foreiners But Henrie of Huntingdon as also Matthew Paris and Florilegus speaking of the same thing say The King charged one ship upon three hundred and ten Hides of Land through all England also a Coat-Armor and Helmet upon eight Hides Then Huntingdon tell 's what an Hide doth signifie But an Hide in English saith hee is so much Land as a man can till with one Plow for a year Others there are that determine otherwise touching the quantitie of an Hide And most certain it is that it was very various according to the different Custom of Countries but the same with Cassata and Carucata Indeed the English-Saxon Chronicles of the Abbie of Abingdon do likewise mention Hides here expressly In the year MVIII 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 say they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hund 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tynumaenne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 helm 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say the King gave command for the building of Ships carefully throughout all England to wit that one Gallie should bee charged upon CCCX Hides of Land but a Coat-Armor and Helmet upon eight Hides And it was usual according to the Laws of that Age that the richer sort should bee taxed by the number of Hides as wee see also throughout that Breviarie of England or the Book of Rates called Domesday which was first written in the time of King William Huntingdon add's also that there never had been so great a number of Ships in the time of any one in Britain which is testified in like manner by the Saxon Chronicles before cited So that that most numerous Navie of King Edgar mentioned in the former chapter was not to bee compared with this But yet that most learned man and great Light of our Island M r Camden hath so cast up the number of Hides throughout England out of the antient Records of that Age that they do not exceed 243600. If this had been so then they could have set forth no more then 785 Ships by this Tribute which is a lesser number then that of King Edgar by som thousands So that som other account is to bee made concerning Hides which is not to bee handled in this place Hereunto belong's that of Huntingdon touching King Canutus and his Son Harald In the daies of Harald saith hee as also in the time of his Father eight Marks were paid by everie Port for XVI Ships In the like manner Hoveden saith there was a Tax imposed which was paid for the maintenance of the Navie when King Canutus and King Edmond made an agreement in an Isle in the midst of Severn called Oleney Moreover Huntingdon write's that 11048 pounds were raised by Hardecanute King of England before hee had reigned two years for thirtie two Ships that is to say for the building of two and thirtie Ships Hee gave Command also as Matthew Westminster saith that eight marks should bee paid to everie Rower of his Navie and ten marks to each Commander out of all England Hee saith again also of the same King that hee appointed Officers through all parts of the Kingdom to collect the Tax imposed without favouring any and therewith to provide all things necessarie for his Forces at Sea And Florentius saith Hee gave command for the paying of eight marks to every Rower of his Navie and twelve so wee read it in that Autor to everie Commander out of all England a Tax indeed so grievous that scarce any man was able to pay it But these things spoken of Canutus his son Harald and Hardecanute relate perhaps unto that Tribute or Tax called Danegeld which was paid yearly for the maintenance of the Navie and guarding the Territorie or Dominion by
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
what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Zelanders use to have in the neighboring Sea having first obteined leav from this Castle according to the antient Custom For the English have ever granted them leav to fish reserving alwaies the honor and privilege to themselves but through a kinde of negligence resigning the profit to Strangers For it is almost incredible what a vast sum of mâ—nie the Hollanders make by this Fishing upon our Coast. So he There is another man also of very great skill and knowledg in Sea-affairs who in the time of Q. Elisabeth presented a Book to the Parlament written in the English Tongue about the Commoditie of Fishing wherein hee write's that the Hollanders and Zelanders every year toward the later end of Summer send forth four or five hundred Vessels called Buffes to fish for Herrings in this Eastern Sea Where before they fish they ask leave of Scarborough which are his very words Care was taken also by Proclamation in the time of K. James that no Foreiner should Fish in the English or Irish Sea or that which belong's to the other Isles of the Realm of England without leav first obteined and every year at least reneâ—ed from the Commissioners appointed for this purpose at London And touching the libertie of fishing granted at other times also to Foreiners by the Kings of England there are many Testimonies in other Writers But the caus why wee do not often meet with the Forms of those Licences granted either for passage or fishing in the English Sea was plainly this becaus by the Leagues that were made with the neighbor Princes a Licence or freedom of that kinde as also of Ports Shores Passage and other things was so often allowed by both Parties that as long as the League was in force the Sea served as if it were a common Field as well for the Foreiner that was in amitie as for the King of England himself who was Lord and Owner But yet in this kinde of Leagues somtimes the Fishing was restrained to certain Limits which is a thing chiefly to bee consider'd The limits related both to place and time So that according to agreement the Foreiner in amitie might not fish beyond these Limits the K. of England reteining a Dominion over the whole adjoining Sea Touching this there is a notable Example in the time of our Henrie the Fourth An agreement was made betwixt the Kings of England and France that the Subjects of both might freely use Fishing throughout that part of the Sea which is bounded on this side by the Ports of Scarborough Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine The time also was limited betwixt Autumn the Kalends of Januarie following And that the French might securely enjoy the benefit of this agreement our King directed Letters to that end unto all his Sea-Captains and Commanders Here you see plainly those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west and also from that which lie's North east of them as beeing so limited by our Henrie at his own pleasure as its Lord and Soveraign Nor was there so much as the least shadow of right or Prerogative whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North nor had hee any Countrie lying before the Sea in the South except Normandie or in the West the rest beeing held either by the Duke of Bretaign or by the King of England as wee have alreadie observed From hence truly it was a Custom for the Kings of England to give protection to Fisher-men that were Strangers somtimes by Proclamation and somtimes with a Fleet of men of War when they went to Fish either by agreement made upon treatie or by leav obteined qualifications beeing added according to the English King's pleasure There is among the Records of the time of Edward the First an Inscription Pro hominibus Hollandiae c. For the men of Holland and Zeland and Friesland to have leav to fish near Jernemuth The King's Letter for their protection follow 's thus The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting For as much as Wee have been certified that many men out of the parts of Holland Zeland and Friesland also who are in amitie with us intend now to com and fish in Our Sea near Jernemuth Wee command you that you caus publick Proclamation to bee made once or twice everie week that no persons whatsoëver imploied abroad in our service presume to caus any injurie trouble dammage hindrance or grievance to bee don unto them but rather when they stand in need that yee give them advice and assistance in such manner that they may fish and persue their own advantage without any let or impediment In Testimonie whereof Wee have caused these our Letters to bee made Patents to continue in force till after the Feast of St Martin next ensuing Witness the King at Wengham the XXVIII day of September Which was in the XXIII year of his Reign and of our Lord MCCXCV The same day also in favor of the â—arl of Holland and his Subjects hee set forth three men of War toward the farther Coast of the Sea for the safeguard as hee saith in another Letter of those Uessels belonging to your and our own Countrie that are in these daies emploied about the Herring Fishing c. and to guard your Coasts near the Sea Here hee grant's a Protection to fish And in both the Letters hee limits it within the space of two Months Hee alone also protected the Fisher-men upon the Geâ—man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Eaâ—l of Holland as well as upon the English Nor might the Fisher-men use any other kinde of Vessels but that which was prescribed by our Kings Upon which account all kindes of Fishing were somtimes prohibited and somtimes admitted this restriction onely beeing added that they should fish in such Vessels onely as were under thirtie Tuns burthen This appear's by those Letters of King Edward the Third concerning the Laws of Fishing which were directed unto his several Governors of Yarmouth Scarborough Whitby and Donwich Towns seated upon the Eastern Shore The words are these Forasmuch as wee have given Licence to the Fishermen of the aforesaid Town and to others who shall bee willing to com unto the said Town for the benefit of Fishing that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen any prohibition or Commands of ours whatsoever to the contrarie notwithstanding wee command you to permit the Fisher-men of the aforesaid
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
his Council The like Commission was at the same time and by the same time and by the same Autoritie given to John de Norwich Admiral of the Northen part In the preferring of a certain Bill also in Parlament which was the voice of the Estates of the Realm in the reign of the same Edward wee finde that hee was usually accounted and styled King or Soveraign of the Sea by all Nations The words are qe XX ans passez toutdiz adevant la Navie de dit roialme estoit en touz portz bones villes sur mier sur riviers si noble si plentinouse qe touz les pais tâ—noâ—ent appelloyenâ— nostre avantdit Seignieur LE ROY DE LA MIER tout son pays dotoyent le pluis per mier per terre per cause de la dite Navie c. Which beeing translated out of the old Norman speak's to this effect That the English were ever in the Ages past renowned for Sea affairs in all Countries near the Sea and they had also so numerous a Navie that the people of all Countries esteemed and called our King the King or Soveraign of the Sea There is likewise a notable Testimonie touching this business in the Parlament-Records of Henrie the Fifth where the tenor of the Bill ran as was usual after this manner Item priont les Commens que per lou nostre tressoverain seigneur LE ROY ET SES NOBLES PROGENITORS DE TOUT TEMPS ON T ESTE SEIGNEURS DEL MEER ore par lâ— grace de Dieu est venuz que nostre dit seigneur le Roy est seigneur des costes d' ambeparties del meer d' ordeigner sur touts estrangers passants per my le dit meer tiel imposition al oeps nostre dit seigneur le Roy à prendre que à luy semblera resonable pur la sauvegarde del dite meer That is to sâ—â— Item the Commons do pray that seeing our Soveraign Lord the King and his illustrious Progenitors have ever been Lords of the Sea and now that through Gods gtace it is so com to pass that our said Lord the King is Lord of the Shores on both sides of the Sea such a tribute may bee imposed upon all Strangers passing through the said Sea for the benefit and advantage of our said Lord the King as may seem agreeable to reason for the safeguard of the said Sea The Answer subscribed to this Bill was Soit avise par le Roy that is let the King himself bee advised of it For the King resided in France at that time beeing Lord of that Countrie by Inheritance and Conquest and Humphrey Duke of Glocester was President of the Parlament beeing then Keeper or Lieutenant of England by whom as the King's Deputie this kinde of Answer was usually given to Bills as often as an assent to them was delaied but when the King was present in person le Roy s' advisera the K. will advise served in stead of an Answer from antient down to the present time in such Bills as were not passed into Acts. That is to say in those Bills to which the Lords and Commons had given their assent before that is the Estates of the Parlament of England which is here especially to bee considered For most certain it is that according to Custom no Answer is given either by the King or in the King's name to any Parlamentarie Bills before that the Bill whether it bee brought in first by the Lords or by the Commons hath passed both Houses as it is known to all that are verst in the Affairs and Records of Parlament And when the name of either of them is left out in the draught of the Bill as the Lords are in that before alleged it was wont to bee supplied as it is also at this day by the brief form of Assent which is added by that Hous to whom the Bill is sent and transmitted For that Hous which first prefer's it transmit's it to the other who either give 's an assent or reject's it And when both Houses have so given their assent then after a while either the King give 's his assent whereby it becom's an Act or Law or els hee laie's it aside and as I have alreadie shewn take's time to advise Neither of which is ever don by the King according to the cours of Parlament till both Lords and Commons have first given their assent But the whole form of the afore-mentioned Bill which is full of all kinde of storie concerning things transacted in Parlament is taken out of the very Schedules annexed to the Bill wherein the Forms of this kinde of assent were wont expressly to bee added and register'd according to antient Custom among the Records of Parlament in the very same words wherein it was at first exhibited no express mention beeing made of the assent both of Lords and Commons which is annexed to the Body of the Form for the assent of both sufficiently appear's in that according to the cours of Parlament it was so presented to the King and the Kings assent onely or intent of deliberation beeing added by way of subscription as I have shewn But most of those Schedules annexed to that kinde of Bills which relate to the more antient times are lost whereas notwithstanding the Records wherein they were wont to bee register'd have been carefully preserved in the Tower for above CCC years All which wee thought meet to mention here to the end that in the Bill before alleged out of the Parlamentarie Records of Henrie the fift these three things may bee observed which make very much to the point in hand First that the Estates in Parlament according to the Custom of their Ancestors that is to say both Houses of Lords and Commons beeing well-informed of the matter perhaps by som antient Testimonies whereof wee are bereft by the injurie of time did with one consent affirm it as a thing unquestionable that the King of England is Lord of the Sea As it appear's also in that former Record which relate's to the Reign of Edward the third for both the Bills are placed alike in the aforesaid Records Secondly that the Sea whereof they speak is the whole that flow's between France and England For they say in express terms that King Henry beeing Lord of the Sea was at that time Lord des costes d ambâ—parties del meer that is of the Coasts or Shores on both sides of the Sea or those that include the Sea on both sides which cannot bee understood of any other or greater Sea than of that which was mentioned there immediately before And so it is in plain terms to bee taken of that whole Sea Thirdly that those Estates did not question but that Tributes might bee imposed by autoritie of Parlament upon all strangers whatsoëver wheresoëver they pass through this Sea as well as Customs in Port And that they did not at all conceiv that a Bill ought
to bee presented touching that business unto the King as hee was at that time King of France but onely as King of England that is as Lord of the whole Sea flowing between And it is very improbable and not in reason to bee admitted that they would so upon deliberation for both Lords and Commons use to debate such matters a long time before they pass a Bill that they would I say so upon deliberation require an imposing of Customs by the Act of an English Parlament in a place that was not subject as a part of the Roial patrimonie to the King of England as King of England From hence it was also that our present King Charls did this last year declare that himself and his progenitors the Kings of England have in all times hitherto by an antient and most just title been Lords of this Sea to wit in his Letters Patents sent to the Maritim Counties of England whereby ship-monie was imposed for the defence of his Dominion by Sea Add moreover hereunto that in the agreement made betwixt our Edward the first and Guie Earl of Flanders about the wearing of Colors or Flags in every ship and punishing offendors by Sea William de Leyburn is called Admiral de la mier du dict Roy d Engleterre or Admiral of the Sea of the said King of England Other Testimonies of the same kinde there are in Records touching the Dominion of the Sea as it hath been received and acknowledged according to the Common Law and Custom of our Countrie which I shall discours of in the next place and after that concerning the Testimonie of Foreiners Of divers Testimonies in our own Law-Books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted CHAP. XXIV THE seventh of those Heads according to the former Division which manifest the aforesaid Dominion of the Kings of England relate's to our Law-Book's and the received Customs therein which prove it from the most antient times There are also in them many Particulars that may relate hereunto which are explained now and then touching the Guard of the Sea the English Admiraltie and other things alreadie handled But in this Chapter wee shall use either the determinations and Commentaries of our own Lawyers or chiefly such Court-Records as explain their opinions I confess indeed in som of the Authors of our Law who wrote above CCCL years ago or thereabout after they had as the manner then was read through the Civil Law also they were so strict in following those determinations word for word which they found concerning the Sea in that Law that when they treated de acquirendo Rerum Dominio of the manner of acquiring the Dominion of things they tranferr'd them into their own writings From thence it is that Henry Bracton who was a very famous Lawyer at the later end of the reign of Henrie the Third saith Naturali jure communia sunt omnia haec aqua Profluens aër Mare litora Maris quasi Maris accessoria By the Law of Nature all these things are common running water the Aër and the Sea and the shores of the Sea as accessories or dependants of the Sea Also aedificia si in mari five in litore posita fuerint aedificantium sunt de Jure gentium If Buildings bee raised in the Sea or upon the shore they becom theirs that build them by the Law of Nations And a little after Jus piscandi omnibus commune est in portu in fluminibus a Right of fishing is common to all in a Haven and in Rivers Which wee finde likewise in som other of our Law-Books of that Age as a passage that fell from som Writers of whom I spake at large in the former Book that were more affected than was meet with the words of Ulpian and Justinian in the general division of things But these very men in other places shewing the Customs of our Countrie do sufficiently admit the King's Dominion by Sea For Bracton himself afterward speak's of them that by the King's grace and favor quieti sint de Theolonio consuetudinibus Dandis per totum regnum Angliae in terrâ mari per totum Regnum tam per terram quà m per mare Were exempted from paying Tolls and Customs throughout the whole Kingdom of England in the Land and in the Sea and throughout the whole Kingdom both by Land and by Sea And in the same King's time a freedom from som paiments was granted to the Citizens of London per totum Regnum tam per mare quà m per terram throughout the whole Kingdom as well by Sea as by Land And so Bracton when hee return's to speak of the Customs of our Countrie acknowledged that the Dominion of the Sea belong'd to his King no less then the Land And hence it came to pass also that inter Capitula Coronae as they call them that is to say those Articles or chief Heads whereof enquirie was to bee made according to the usual custom by Judges delegated throughout England for the conservation of the publick peace wee finde this also de Purpresturis factis super Dominum Regem sive in Terrâ sive in Mari c. Of Pourprestures made upon our Lord the King either on Land or in the Sea or in sweet waters either within the Libertie or without or in any other place whatsoëver And it is placed among the Articles of this kinde recited by Bracton himself and in the Autor of the Book called Fleta But in the language of the Law wee call those things Pourprestures whereby detriment is don to any publick place belonging to the Patrimonie of the Crown as a publick thorow-fare a River and the like So that according to the nature of this ordinarie Article touching Pourprestures in the general form of enquirie the Dominion or Ownership of the Sea is ascribed to the King no less than of the Land or of publick Road or thorow-fare and River agreeable hereto is that Article about any kinde of salt-waters beeing inclosed by any subject or possessed in any other manner which in the antient Records of our Court of Admiraltie is said to bee don to the disherison of the King The words are there Item soit enquis de ceulx qui acrochent à eulx eaves salees en desheretison du Roy. And at this day enquirie is wont to bee made about that business by Autoritie of the high Admiral Robert Belknap also an eminent Judg in the time of Richard the Second saith that the Sea is subject to the King as a part of his English Kingdom or of the Patrimonie of the Crown His words in the Norman tongue run thus Le Mere est del ligeans del Roy come de son corone d' Angleterre Hee added to his words in a remarkable way as belonging to the Crown of England or as belonging
to the Royal Patrimonie of England to the end that no man might question whether the Sea belong'd to his King by the Right of the Kingdom of England or of the Dutchie of Normandie or of any other Province in France Another also who wrote in the time of Henrie the Eighth saith it hath been received by antient custom that it is a dutie lying upon the King of England as Lord of the British Sea to scour the Sea of Pirates and to render the use thereof as of a publick Road or Thorow-fare whose soil is within his Patrimonie safe for Shipping For hee expresseth himself in English thus The King of the ould Custome of the Realme as the Lord of the narrow Sea is bound as it is said to scoure the Sea of the Pirates and petit robbers of the Sea So much also as to what concern's Dominion is without controversie admitted by our Lawyers of later time And it appear's by publick Records conteining divers main points touching which the Judges were to bee consulted for the good of the Common-weal in the time of King Edward the Third that the King's Sea-Dominion which they called the antient superioritie of the Sea was a matter out of question among our Lawyers of that Age. But consultation was had for the more convenient guarding of it For the whole Bench of Judges were advised with to the end so wee read it in the Records and that is especially to bee observed which wee finde here about the first beginning of the Naval Laws of the Isle of Oleron seated in the Creek of Aquitain at the mouth of the River Charente that the form of proceeding heretofore ordained and begun by Edward the first grandfather of our Lord the King and his Council at the prosecution of his Subjects may bee resumed and continued for the reteining and conserving of the antient superioritie of the Sea of England and the Autoritie of the Office of Admiraltie in the same as to the correcting expounding declaring and conserving the Laws and Statutes long since made by his Predecessors Kings of England for the mainteining of Peace and Justice among all people of what Nation soëver passing through the Sea of England and to take cognisance of all attempt to the contrarie in the same and to punish Offenders and award satisfaction to such as suffer wrong and damage Which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the holy Land interpreted declared and published in the Isle of Oleron and named in French le ley Olyroun Here you have it declared as a thing most received and certain that the King of England hath by antient right been Lord of the Sea of the same name or that which flow's about it But that whereof the Bench of Judges were to consult was onely about the orderly maintenance of this right Nor is it truly a small sign of this Dominion that Richard the First King of England beeing in the Isle of Oleron which hee possessed as seated in his own Sea not so much for that hee was Duke of Aquitain as King of England whereof wee have alreadie spoken did as sole Ruler and Moderator of sea-Sea-affairs first publish those Naval or Sea-Laws in that his Island which hold in force to this day and from that time gave them so large and perpetual an Autoritie by that name that as the Rhodian Naval Laws as the case stand's do prove that the Rhodians in antient time were Lords of the Grecian Sea so the Laws of Oleron having obteined such a kinde of Autoritie by Sea from their first Institution must ever declare the King of England as the Autor to bee Lord of the neighboring Sea round about But som printed Copies of these Laws make them about sixtie years later than the Reign of that Richard by what autoritie I cannot tell For they relate them to have been made in the year MCCLXVI which is the fiftieth year of our Henrie the third Also in the Law of the Land it is reckoned among the Privileges of such as are absent that they who shall bee out of the Realm of England at the levying of a Fine of any Land and making Proclamations thereupon are not so bound either by a yearly prescription as heretofore or by a five years prescription as is usual of later time but that their Right remain's entire to them upon their return home if they make their claim within the like spaces of time But intra regnum within the Kingdom is by the same Law taken and that in the usual phrase for that which is intra or as it is wont to bee barbarously render'd infra Quatuor Maria within the four Seas to wit the Southern Western Eastern and that Northen Sea which washeth both the sides of that neck of Land whereby Scotland is united to England That is to say within the outmost bounds of the English Empire in those four Seas or within the opposite Shores of the Eastern and Southern Sea or Ports belonging to other Princes and within the bounds of the Northern and Western Sea which indeed are to bee bounded after another manner but yet to bee bounded that is accordirng to the extent of possession West-ward beyond the Western Shores of Ireland and by the first beginning of that Sea which is of the Scotish name and jurisdiction But that which is opposed to this Particle intra quatuor maria within the four seas is that extra quatuor Maria without the four seas or to bee in the parts so beyond the Seas that they bee beyond the bounds of the Sea-Dominion of the King of England from whence wee are to determine of the bounds or exterior limit of the Seas And although the Land of England bee somtimes used for that which is the whole Realm or English Empire as signifying the same a more ordinarie and indeed more brief expression beeing applied as is usual in stead of a more large yet it certainly appear's that extra quatuor maria without the four seas and extra Regnum without the Realm do in our Law-Books signifie the very same thing that is to say so far as the extent and latitude of the whole English Empire is comprehended in the name of Realm not as the Realm of England is now and then distinguished in our Law from Ireland which also is a distinct Dominion of the same Empire or from the other Islands which are reckoned in the Roial patrimonie of the Kings of England For it is usual in the Language of the Law so to describe him who in that sens shall bee out of the Realm And whereas in the Reign of Richard the second to an objection made against one that would avoid the yearly prescription as not bound by it for that hee was not in England it was excepted that hee was in Scotland and so within the four Seas It was thereupon answer'd and rul'd
a Prohibition made by the King of England and proclaimed according to the intent of the aforesaid third Article of the Treatie throughout his Dominions that is to say a Prohibition which forbade a giving any relief to the French King's enemies within the Dominion of the King of England and so endeavored to defend himself before the Commissioners it was alleged to bee don to the great damage and prejudice both of the King of England and of the Prelates Peers and all the rest who jointly preferr'd the Bill as aforesaid Therefore they all with one consent pray that the persons so imprisoned beeing set at libertie and restitution made of the Goods injuriously taken they might bee refeâ—red to the Jurisdiction of the Admiral of England to whom alone this kinde of Jurisdiction both in respect of Things and Place as well as Persons did appertein and that by order of the Commissioners Reyner Grimbald himself might bee enjoined to repair the losses of the Complainants in case hee wore able to make satisfaction or otherwise that the King of France who gave him Commission for that Command might bee adjudged to do the same But after reparation made that then also the said Reyner might receiv such punishment for violating the League as might deter others from the like attempt in time to com Now what was don by the Commissioners is not very well known It seem's it was a matter of such moment that it was thought more convenient to make an end by agreement than bring the matter to a trial But in the mean time nothing is more evident than that a right of Dominion over the Sea and that antient and confirmed by long Preseription was in express terms here acknowledged by almost all the Neighbor-Nations to belong to the King of England and so that hee might at his own pleasure give protection and set Laws and Limits to all that sailed through this Sea and used it in any manner whatsoever nor could this kinde of Right bee altered or diminished by the differences of the Neighbor-Nations between each other or by any Right of war belonging to others otherwise than in any other Territorie of his Dominion And it is to bee observed that the Flemings themselvs betwixt whom and the French there was a war on foot at that time were not nor could they rightly have been parties in that Charge or Accusation For by virtue of the aforesaid League made between the English and French they were to assist one another by Arms to defend each other 's Rights so that according to the League the French King was permitted to use the Sea to infest the Flemings beeing his enemies but not to intercept such as passed this way from any other Nations or that were bound with Merchandise for Flanders And Paulus AEmilius speaking of this very time saith The French King threatned ruine to Flanders The King of England protected the Flemings For Edward was so far onely a friend of the King of France that yet hee would not have the Flemings ruined Thus our King order's the matter both as a Defender of his own Right and supreme Moderator also of Navigation in respect of others Nor truly is it to bee omitted that Grimbald himself here beeing Governor of the French Navie did not onely arrogate this power in this Sea from the Autoritie granted him by his King's Commission but in express terms also made use of that Prohibition of the King of England which was in force according to the Third Article of the said League thereby to defend himself as if hee had also acknowledged that himself could not have lawfully held that office of Admiraltie in this Sea without such a Permission as hee conceived himself to enjoy by virtue of that Prohibition For by that Prohibition it was required that no relief should bee given to the French King's Enemies nor any aid afforded them within the Dominion of the King of England that is per my son poere which were the very words of Grimbald as you may see in the Libel it self set down hereafter And so Grimbald expressly objected the Autoritie of that Prohibition together with the power of his Master's Commission in defence of himself As if hee had said I use this power it beeing given mee by the King of France who put mee in Command over his Navie and Affairs belonging to the Sea But besides this the King of England having set forth his Prohibition commanded that no kinde of relief should bee given to any Enemie of the French within his Dominion according to the League made between both the Kings And therefore seeing I have not taken either the Persons or Goods of any but such as are Enemies or at least such as according to the Intervenient Law of Nations are to bee reckoned upon an hostile Account for doubtless hee pretended that they were to bee taken as Enemies of what Nation soêver they were who relieved the Flemings by Merchandise or otherwise I conceiv it a sufficient ground of defence in my behalf that the King of England according to the League made did by publick Proclamation require that no succor or relief should bee given to the Enemies of France in any part of his Dominion Upon which account not to these whom I took at Sea The summe of all in brief is this That Grimbald did not so much as imagine that his office of Admiraltie or Power given him by Commission depended upon any Dominion of the King of France by Sea but altogether upon the Autoritie of his Kings Commission the League and the King of England's Prohibition As if the English King had openly declared by that League and Prohibition that hee would not take it for any injurie to himself during that kinde of League and Prohibition although the French should fall upon any of their Enemies in his Dominion or though they which is all one here should bee taken in his Sea by the French King's Officers Certainly unless you so understand Grimbald I do not see wherefore he should at all join that Prohibition together with the King his Master's Commission in defence of himself as it is expressed in the Libel or why mention was made there of the Dominion of the King of England throughout which that Prohibition was proclaimed seeing the controversie arose touching things don onely by Sea But if hee bee so to bee understood certainly then hee did not onely forbear to oppose the antient right of the King of England by Sea but also sufficiently acknowledged it while hee seem's to affirm that a temporarie restriction onely was added thereto by an accession of the League and the Prohibition So that wee have a tacit acknowledgment even of the French themselvs at that time in this their Admiral But how the principal points of the League ought to bee expounded it is no place here to discours for wee observ onely that the Sea Dominion of the Kings of England was acknowledged in
what hath been alreadie spoken And from hence perhaps it is that the more antient Arms of the Kings of Man were a Ship with a Sail folded together and this Inscription added Rex Manniae Insularum King of Man of the Isles as M r Camden observ's from their Sails For the three legs of humane shape now every where known are but of later time But afterwards when Ireland was subdued by Henrie the Second and King John and Reginald King of Man brought into the power of King John the English possessing this Sea at that time with a very numerous Navie there is no reason at all to doubt but that the neighboring Sea round about was taken also into the Dominion of the English For in that Age the King of Man was no absolute Prince but beeing subdued hee paid homage to the King of England yielded under his subjection But in a short time after Alexander the Third King of Scots annexed it to the Dominion of Scotland and put in a Governor who was to assist him upon occasion with thirteen Gallies five hundred Seamen Hee recover'd the Hebrides also by driving out the Norwegians transmitted it to his posteritie Then Man returned again to the English who enjoied Ireland a long time together with it that sea-territory But the Kings of the Hebrides and of Scotland enjoied the Northern part of this Western Sea after that they had expell'd the Norwegians who were Lords here of the Sea And from hence it is that as Scotland England this Isle of Man the Hebrides and Ireland with other adjacent Isles so even the Vergivian and Deucaledonian Sea it self washing the West of Scotland and surrounding these Isles with windings and turnings ought now also to bee accounted the antient Patrimonie of the King of great Britain But there is moreover in the more Westerly part of this open and main Sea another Right belonging to the King of Great Britain and that of a verie large extent upon the Shore of America Whenas S r Humfery Gilbert Knight did by Autoritie of Queen Elisabeth transport a Colonie into the New World with design to recover certain Lands in the East parts of the Northern America which of Right belong'd to the English Dominion the Queen was by him as her Procurator put into a possession for ever to bee held by her and her heirs both of the Port called by the name of S t John which is in the Island of Baccalaos and also of the whole Sea as well as Land on every side for the space of six hundred miles Then hee received this new Kingdom of the Queen as her Beneficiarie having a Branch and a Turf deliver'd in his hands according to the usual cerimonie of England in transferring the Ownership of Lands and Possessions Nor truly was it necessarie that hee should otherwise get the Possession from whence this Dominion of the Queen and her Posteritie had its Original For as Paulus saith well there is no necessitie that hee who intend's to take possession of a Field should walk about the whole but t is sufficient if hee enter any part of that Field so long as hee doth it with a minde thought and intent to possess the Field to its utmost extent and bound Which saying may relate to Seas as well as Lands that were never taken into possession So that as Siculus Flaccus Treating of Occupatorie Lands saith Men did not possess so much land as they were able to till but they reserved as much as they were in hope they might bee able to till the like also may bee said of a Sea so taken into possession Look how much was reserved in hope of using and enjoying so much also was bounded But perhaps the first original of the Dominion of this main Sea of America did not proceed from the Possession that was acquired by Gilbert Hee rather restored and inlarged the Right of the Crown here For that Island called Baccalaos was added to the English Empire by Sebastian Chabot in the time of Henrie the Seventh And it is certain that afterwards it grew to be a Custom for the Officers belonging to the High Admiral of England in whose charge are all the Seas subject to the King of England and Ireland as King of England and Ireland to demand Tributes of such as fish't also in this Sea which was I suppose a most evident token of the King's Dominion But it was provided by an Act of Parlament in the Reign of Edward the Sixth that no Tributes of that kinde to the grievance of Fishermen should bee paid any longer How far our English Colonies lately transported into America have possessed themselvs of the Sea there I have as yet made but little enquirie Touching the Dominion of the King of Great Britain in the Scotish Sea especially toward the East and North. CHAP. XXXI THose particulars which were cited before out of the Proclamation of James King of Great Britain about the Prohibition of Fishing relate as well to the Scotish Seas on every side from whence also you must acknowledg their possession hath been reteined together with an antient Sea-Dominion That is to say all Foreiners were prohibited to Fish in these Seas without leav first obteined at Edenburgh And in those Scotish Acts of Parlament they are not so much new Laws made as old ones revived wherby it was ordeined That all manner of Fischeres that occupies the Sea and vtheres persons quhat sumever that happenis to slay Hering or quihte Fish upon the Coast or within the Iles or out with the samen within the Frithes bring them to free Ports c. where they may bee sold to the Inhabitants of the same kingdom quhairby his Maâ—esties Customes bee not defrauded and his Hienes Lieges not frustrat of the Commoditie appointed to them be God under the pain of confiscation and tynsel of the veschelles of them that cumes in the contrair hereof and escheiting of all their movable guddes to our soveraine Lords use So that use and benefit is claimed hence by a special right in that Sea otherwise truly that use and bene fit would of right no more appertein either to the King of Scotland or his Subjects than to any other whomsoêver But the Law was made concerning all Fisher-men as well strangers as Scotch-men as beeing ordeined by all the Estates of that Kingdom who so well understood both the King 's Right and also their own as subordinate to the King's by Tradition from their Ancestors or by long-continued possession and Dominion that there remained not the least ground of scruple touching that business And a Scotish Lawyer speaking about Fishing in the Eastern Sea of Scotland I cannot saith hee omit to tell you that in the past Age after a most bloudie quarrel between the Scots and Hollanders about occasions belonging to the Sea the matter was composed after this manner that in time to
a perpetual peace inviolable friendship and firm concord in the following form Yea and that League was renewed in the year MDXXIII by Henrie the eight of England and Christiern the second King of Denmark and Norway in the same form The right therefore is perpetual and transmitted to the heirs of the K. of England that the English should have a free use of this more Northerly Sea belonging to Island But frequent Ambassies notwithstanding passed on both sides about that business in the Reigns of Frederick the second and Christiern the fourth Kings of Denmark and of Elisabeth Queen of England The Danes alleged that the English had no right to use this kinde of libertie without leav first obteined of the Kings of Denmark and that renewed every seven years according to that league made in the time of John the second and Henrie the seventh Moreover Nicolas Craig who was sent Ambassador into England by Christiern the fourth in the year MDXCIX pretended the agreement at Haderslabe in the year MDLXXXIII between Frederick the second and Queen Elisabeth as if it had therein been expressly provided that this servitude in the Sea of Island established by the English might bee limited by a denial of Licence at the pleasure of the King of Denmark But it was answer'd both by the Lords at home in England as also by the Queen's Commissioners sent to Bremen for the transacting of this business that this right or Sea-servitude is so confirmed to the English as well by Prescription of time as by perpetual agreements of Leagues that that particular which occurr's in the agreements of King John the second and Henrie the seventh about asking of Licence doth in no wise relate to this effect that whether it were denied or not requested by Petition that right or servitude could bee diminished but to this end onely that the English by a customarie Petitioning every seven years might acknowledg the Norwegian right in this Sea There was neither manner nor condition nor time annexed to the servitude but it took place there onely to this end that the memorie meerly of the benefit of the League or of the Original of the servitude established might bee renewed now and then by Petition Yea Frederick the second in his letters to Queen Elisabeth dated the fourth of Maie MDLXXXV most expressly disclaim's this Claus of the League which concern's Petitioning for Licence And truly the whole right of the English in that Sea was not first claimed by them upon the account of that League at Koppenhagen whatever they of Norway may pretend to the contrarie For when the Ambassadors sent heretofore by Erricus the tenth to our Henrie the fift made complaint about English men's fishing in this Sea the King of England I suppose intimate's plainly enough that hee had som right before in that Sea while at that time hee granted this onely in favor of the King of Norwaie that the English should no otherwise use Fishing there for the year immediately ensuing than as it had been usual in antient time and this hee commanded by publick Proclamation made in the more eminent Ports and Cities The time limited and the antient Custom of Fishing do plainly import som former right But here I give you the form of the Proclamations It is required that none of the Lieges of our Lord the King for certain causes specially moving our Lord the King himself do for one year next ensuing presume to go unto the Islands belonging to the kingdoms of Denmark and Norwaie and especially towards the Iste of Islande for the caus of Fishing or any other occasion to the prejudice of the King of the aforesaid kingdoms otherwise than they were wont in antient time It appear's also by Parlamentarie Records of the same King's Reign that the English used Fishing in that Sea very many years before But that League made at Haderslabe pretended before by Craig doth not relate unto Fishing either in the Sea of Island or in this of Norwaie but to the Traffick and Merchandise used then by our Merchants of the Moscovie-Companie For this onely was agreed that the Merchants of that Companie beeing constrained by Tempests or otherwise might freely have access to the shores and Ports both of Island and Norwaie but with this Reserv that they do not in any kind Traffick and use Mercbandise in the Ports of Norwaie or Island before prohibited nor molest the Subjects of the King of the said places in any thing against the Laws of Hospitalitie and that they wholly abstein from all manner of injurie which is the summe of that Answer which was given to Craig by the Peers of England But all things are clearly explained about this business and that right of the English defended at large in the Letters sent by Queen Elisabeth to Christiern the fourth bearing date Cal. Septembris Anno MDXCIX So much whereof as concern's this particular I think meet to insert At the request of the most excellent Prince your Highnesse's Father wee sent say the Queen's Letters an Ambassador into Germanie Anno MDLXXVII who Treated with his Commissioners about all matters in controversie and especially about the Fishing of Island and Norway where it was found that the King insisted onely upon a former Treatie of two years Truce wherein it was at that time agreed that the English should not sail beyond Hagaland But there were several Treaties with the Kings John and Christiern alleged on our part wherein all former controversies beeing composed it was otherwise agreed and concluded and both parties were to stand to this Treatie of general peace made afterwards not to the preceding two years Truce Which the most excellent Prince your Father acknowledging desired by his Letters that that controversie might bee referr'd to another disquisition But since that time no such disquisition hath been made Nevertheless wee understand that our subjects fishing have been taken tormented and handled in a hostile manner Whether this bee justly don all men will bee able to judg who shall weigh our Reasons with an impartial minde Wee do not deny but that the Lord Chancellor Whitfeld and de Barnico when they came unto Us did in words pretend that the fishing of Island and Norway was used by the English contrarie to the Leagues and Agreements of the Kingdoms But seeing they neither did nor could produce any proof and wee have authentick evidences attested by the Kings John and Christiern to the contrarie whereto more credit ought to bee given than to bare Allegations the matter was put off to another time It was answer'd also to D r Craig that the Transaction which was concluded with King Frederick at Haderslabe in the year of our Lord MDLXXXIII belong's nothing at all to this Business for the reason before mentioned And a little after the Letters speak thus But that which is pretended from the Treatie with King John the aforesaid Treatie at Koppenhagen that licens for fishing ought
to bee renewed by petition from seven years to seven years as a thing which for very many was not omitted Wee answer that the fault of its omission proceeded not from the English but from the Danes For that seven years Licens was petitioned for till the time that King Christiern was expelled about the year of our Lord MDXX But afterward it ceased to bee renewed becaus of the uncertaintie to whom the succession of the Kingdom did lawfully belong And since the time of the said expulsion of King Christiern neither King Frederick your great Grandfather nor Christiern your Grandfather nor Frederick your Highnesse's Father ever urged any such petition for Licens But concieving former Treaties sufficient which were made between the Kings and Kingdoms they would not innovate any thing after a prescription of verie manie years seeing they were otherwise sufficiently secure that the same thing would never bee attempted which was the first occasion of ordaining such a Licens And to this end the Letters of King Frederick your Highnesse's Father written to Us and bearing date the fourth of May Anno MDLXXXV were shewn to Doctor Craig purporting that if the English absteined from doing injuries they should enjoy the wonted libertie and favor without any mention or requiring of a Petition for Licens whereas nevertheless Wee offer'd you that our Merchants should hereafter petition you from seven years to seven years according to the antient and long continued Custom which offer Wee understand your Highness would not admit For the most excellent Queen would not otherwise acknowledg the Jurisdiction and Empire of the King of Denmark and Norway in this Sea than that the whole servitude or right of fishing afore-mentioned there established as afore-said might as a considerable part of the antient Patrimonie bee reteined to her and her Successors There were other Letters and Treaties also about this business in the year MDCII But the Controversie beeing deferred nothing was concluded But it appear's the King of Great Britain hath Empire and Dominion also in the Sea which lie's far more Northerly than Island To wit in that of Groënland For this Sea having never been enter'd by occupation nor used in the Art and Exercise of Fisherie was first in the memorie of our Fathers rendred very gainful through a peculiar fishing for Whales by those English Merchants of the Moscovie-Companie who â—ailed that way The use of a Sea never enter'd by Occupation and such a kinde of profit beeing first discover'd doth according to the manner of the claim give a Dominion to the discoverer who claim 's it in the name of another as here in the name of the Soveraign of England as well by a corporal as intentional possession no otherwise than doth the first both natural and civil possession of any other things whatsoever that were never yet possessed Upon which ground it was that King James in his Letters of creâ—ence given to the worthie and most accomplished S Henrie Wotton Knight his Ambassador in Holland and others emploied by him to treat about that business did verie justly call the Fishings in the North Sea near the Shores of Groenland acquired for Us onely and Ours by right But that wee may at length conclude whatsoever hath been discoursed hitherto touching the Right and Sea-Dominion of the Kings of Great Britain and the antient extent of their Royal Patrimonie in the Sea give mee leav to sum up the whole in certain Verses of the most excellent Hugo Grotius of whose Law-writings so far as they concern either a private Dominion of the Sea or a Communitie wee have spoken in the former Book which were very elegantly written heretofore to K. James upon his Inauguration in the Kingdom of England Saith hee Tria sceptra Profundi In Magnum coiere Ducem Three Scepters of the Deep their pow'rs do bring To make a Trident for a mightie King And then addressing his Speech to the Sea that is wont to receiv its motion from the Moon Sume animos à Rege tuo meliore levatus Sidere nec cela populos quocunque calentes Sole per immensum quem circumvolveris orbem Quis det Jura Mari. Take courage from thy Roâ—al Governor As by the influence of a better Star And in thy cours about the World explain To all mankinde who t is that rule 's the main And in another place licèt omnia casus Magna suos metuant Jacobo promissa potestas Cum Terris Pelagóque manet Though all great things a fall do fear Yet James his power must stand Beeing enlarged and compos'd Both of the Sea and Land A little after also hee proceed's thus Rerum Natura creatrix Divisit populos metas ipsa notavit Sic juga Pirenae sic olim Rhenus Aspes Imperiis mensura suit Te flumine nullo Detinuit nullâ nimbosi verticis arce Sed Totum complexa parens hic terminus ipsa Substitit atque uno voluit sub limite claudi Te tibi seposuit supremo in gurgite Nereus Finis hic est qui Fine caret Quae meta Britannis Litera sunt aliis Regnique accessio tanti est Quod ventis velisque patet Nature her self the mistress of mankind Hath sever'd Nations and their bounds design'd So the Pyren'ean Tops Aspes and Rhine As bounds to Empires Shee did once assign Yet Thee Shee with no River-hath confin'd Nor loftie Tow'er that dare's the stormie wind But having thrown her wide imbraces round The Univers here fix't her self thy bound And mean't one limit should you both contain Thee Nereus hath secluded in the main This bound unbounded is Great Britain stand's Confined by the Shores of other lands And all that may by Winds and Sails bee known Is an accession of so great a Crown And without question it is true according to the Collection of Testimonies before alleged that the very Shores or Ports of the Neighbor-Princes beyond-Sea are Bounds of the Sea-Territorie of the British Empire to the Southward and Eastward but that in the open and vast Ocean of the North and West they are to bee placed at the utmost extent of those most spacious Seas which are possest by the English Scots and Irish. FINIS Prais and Glorie bee to God our Saviour ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA Collected Out of certain publick Papers relating to the Reigns of K. JAMES and K. CHARLS LONDON Printed by William Du-Gard An. Dom. 1652. ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA Collected Out of certain publick Papers relating to the Reigns of K. JAMES and K. CHARLS THE Learned Autor having fully evinced the Right of this Island in the Sea and that from all Antiquitie it were superfluous to seek after any farther Testimonies relating to elder times wherein hee himself hath been so abundant and alreadie set down the most material And therefore it is conceived