not Aliens Scotland is a Kingdom by union and therefore those that were born in Scotland under the allegiance of the King as of his Kingdom of Scotland before the Crown came united were Aliens born and such plea against such Persons was a good plea but those that were born since the Crown of England descended to King James are not Aliens for they were born sub side legiantia Domini Regis so those that are born at this day in Uirginia New England Barbadoes Jamaiâ—…a or any other of his Majesties Plantations and Dominions are natural born Subjects and not Aliens so likewise those that are born upon the King of England's Seas are not Aliens X. But if an Alien be made an Abbot Prior Bishop or Dean the plea of an Alien we shall not disable him to to bring any real or mixt action concerning the possessions that he hold in his politique capacity because the same is brought in auter droit The like Law is for an Executor or Administrator because the recovery is to anothers use If an action is brought against an Alien and there is a Verdict and Judgment against him yet he may bring a writ of Error and be plaintif there and that such plea is not good in that case Though an Alien may purchase and take that which he cannot keep nor retain yet the Law hath provided a mean of enquiry before he can be devested of the same for until Office be found the free-hold is in him And this Office which is to gain to the King a Fee or Free-hold must be under the Great Seal of England for a Commission under the Exchequer Seal is not sufficient to entitle the King to the Lands of an Alien born for the Commission is that which gives a title to the King for before that the King hath no title but in cases of Treason there upon Attainder the Lands are in the King without Office and in that case to inform the Court a Commission may go out under the Echequer Seal XI If an Alien and a Subject born purchase Lands to them and to their Heirs they are joint tenants and shall join in Assize and the Survivor shall hold place till Office found By the finding of this Office the party is out of possession if the same be of Houses or Lands or such things as do lye in livery but of Rents Common advowsons and other Inheritances incorporeal which lye in grant the Alien is not out of possession be they appendant or in gross therefore if an Information or an Action be brought for the same the party may traverse the Office in that Court where the Action or Information is brought for the King And if the King obtains not the possession within the year after the Office found he cannot seize without a scire facias It is not for the Honour of the King an Alien purchasing of a Copyhold to seize the same for that the same is a base tenure and so it was adjudged where a Copy-hold was surrendred to J. S. in trust that one Holland an Alien should take the profits thereof to his own use and benefit upon an Inquisition taken it was adjudged the same was void and should be quashed because the King cannot be entitled to the Copyhold Lands of an Alien nor to the use of Copyhold Lands as the principal case was An Alien Infant under the age of 21 years cannot be a Merchant Trader within this Realm nor can he enter any goods in his own name at the Custom-house If an Englishman shall go beyond the Seas and shall there become a sworn Subject to any Forraign Prince or State he shall be look'd upon in the nature of an Alien and shall pay such Impositions as Aliens if he comes and lives in England again he shall be restored to his liberties An Alien is robbed and then he makes his Executor and dyes and afterwards the goods are waift the Lord of the Franchise shall not have them but the Executors Vide Stat. 13. E. 4. All personal actions he may sue as on a Bond so likewise for words for the Common Law according to the Laws of Nations protects Trade and Traffique and not to have the benefit of the Law in such cases is to deny Trade CHAP. III. Of Naturalization and Denization I. Whether the Kings of England can naturalize without Act of Parliament II. What operation Naturalization hath in reference to remove the disability arising from themselves III. What operation naturalization hath as in reference to remove deffects arising from a lineal or collateral Ancestor IV. A Kingdom conquered and united to the Crown of England whether by granting them a power to make Laws can implicitely create in them such a Soveraignty as to impose on the Realm of England V. Of Persons naturalized by a Kingdom dependant whether capable of imposing on one that is absolute VI. Of Kingdoms obtained by conquest how the Empire of the same is acquired and how the Conqueror succeeds VII Ireland what condition it was accounted before the Conquest as in reference to the Natives of the same and whether by making it a Kingdom they can create a Forraigner as a natural born subject of England VIII Of Aliens as in reference to the transmission of their Goods Chattels by the Laws of France IX Of the Priviledges the Kings of England of old claimed in the Estates of Jews dying comorant here and how the same at this day stands X. Of Persons born in places annexed or claimed by the Crown of England how esteemed by the Laws of the same XI Of Denization and what operation it hath according to the Laws of England XII Where an Alien is capable of Dower by the Laws of England and where not and of the total incapacity of a Jew XIII Whether a Denizon is capable of the creation and retention of Honour by the Laws of England I. THe Father and the Mother are the fountain of the blood natural and as it is that that makes their Issue Sons or Daughters so it is that that makes them Brothers and Sisters but it is the civil qualifications of the blood that makes them inheritable one to the other and capable of enjoying the immunities and priviledges of the Kingdom but that is from another fountain viz. The Law of the Land which finding them legitimate doth transplant them into the Civil rights of the Land by an Act called Naturalization which does superinduce and cloath that natural consanguinity with a Civil hereditary quality whereby they are enabled not only to inherit each other but also to enjoy all the immunities and priviledges that meer natural born Subjects may or can challenge II. According to the Laws of Normandy the Prince might naturalize but such naturalization could not divest the descent already vested But according to our Law by no way but by Act of Parliament and that cures the defect as
if they had been born in England and no man shall be received against an Act of Parliament to say the contrary Therefore if the Father an Alien has issue a Son born here and then the Son is naturalized the Son shall inherit If the Father a natural born Subject has issue an Alien who is naturalized the Father dyes the Son shall inherit III. Naturalization does remove all that disability and incapacity which is in Aliens in respect of themselves and so puts them entyrely in the condition as if they had been born in England The Relative terms as if born in England is generally used to supply the personal defect of the parties naturalized arising from their birth out of England and therefore shall never be carryed to a collateral purpose nor cures a disease of another nature as half blood illegitimation and the like but all diseases whether in the parties themselves or resulting from the Ancestor it cures Acts of Parliament of this nature may be so pen'd as to cure defects in the Father or Ancestor or in the parties themselves If restitution in blood be granted to the Son by Act of Parliament this cures that disability that resulted from the Fathers Attainder and that not only to the Son but also to the collateral Heirs of the Father the true reason of this is because the corruption of the blood by the Attainder is only of the blood of the Father for the Sons blood or coliateral Heir was not at all corrupted for the scope of the Act is taking notice of the Fathers Attainder does intentionally provide against and remove it for otherwise the same had been useless But in naturalization without express words it takes no notice of the defects in the Father or other Ancestor noâ—… amoves them And therefore such Acts of Parliament as take no other notice but of the Person naturalized's Forreign birth the same cures not any disability of transmission hereditary between the Father Brother or any other Ancestor resulting from the disability of them without actually naming of them As for instance the Father an Alien the Son naturalized by Act of Parliament the Father or any other Ancestor an Alien purchases Lands and dyes the Son shall not take by reason of the disability in the Father but there may be words inserted in the Act that may take away the impediment IV. Those that are born in Ireland and those that are born in Scotland are all alike for their birth are within the Kings Dominions and they are born under the like subjection and obedience to the King and have the like band of allegeance ad fidem Regis yet if a Spaniard comes into Ireland and by the Parliament is there naturalized though perhaps this may qualifie and cloath him with the title of a natural born Subject of Ireland yet it has been conceived that it will not make him a natural born Subject of England For the union of Ireland to that of England is different from that of Scotland for the first is dependant as a Kingdom conquered the latter independant Though Henry the II. after his Conquest of that Nation did remit over from England the Ancient modus tenendi Parliamentum enabling them to hold Parliaments which after was confirmed by King John yet that was by no other sorce then bare Letters Patents Now when a Nation is once conquered there remains no Law but that of the Conqueror and though he may incorporate such conquered Nations with his own and grant unto them their ancient Parliamentary wayes of making of Laws yet the Conqueror can no wayes grant unto them a power by vertue of such Grant or Confirmation as to impose upon his own Countrey for he himself before such Conquest could not make a natural born Subject without Act of Parliament and most certainly his Conquest adds nothing to his power though it does increase his Dominion V. Again Kingdoms that are absolute under one Prince ad fidem Regis there the Acts of each other are reciprocate and one naturalized by the Parliament of Scotland is as naturalized in England because Scotland is a Kingdom absolute but Ireland is a Kingdom dependant and subordinate to the Parliament of England for the Parliament in England can make an Act to bind Ireland but not e converso Now to be a Native of Ireland is the same as to be born in Ireland but that is by the Laws of Ireland but to be born in Ireland and to be the same as to be born in England must be by the Laws of England But there is no Law that hath enabled them with such a power as to naturalize further then their own Laws extend but the Law of Ireland does not extend in England therefore Naturalization in Ireland operates only in Ireland because of the failer of power VI. Again Kingdoms that are Conquered the Empire of the same may be acquired by the Conqueror only as it is in a King or other Governour and then the Conqueror only succeeds into his right and no further or also as 't is in the People in which case the Conqueror hath Empire so as that he may dispose of it or alienate it as the People themselves might for 't is one thing to enquire of the thing another of the manner of holding of it the which are applicable not only to corporal things but incorporal also For as a Field is a thing possessed so is a passage an Act a way but these things some hold by a full right of property others by a right of usufructuary others by a temporary right Again by the will of the Conqueror the Kingdom or Republique that is so conquered may cease to be a Kingdom or Common-wealth either so that it may be an accession of another Kingdom or Common-wealth as the Roman Provinces or that it may no wayes add here to any Kingdom or Common-wealth as if a King waging War at his own charge so conquer and subject a People to himself that he will have them governed not for the profit of the People chiefly but of the Governour which is a property of that we call Heril Empire not of Civil for Government is either for the profit of the Governour or for the utility of the Governed this hath place among Free-men that among Masters and and Servants The People then that are kept under such command will be alwayes for the future not a Common-wealth but a great Family hence it is that we may plainly understand what kind of Empire is that which is mixt of Civil and Heril that is where Servitude is mixt and mingled with some personal Liberty For if the People are deprived of Armes commanded to have no Iron for Agriculture to change their language and course of life and abstain from the use of many of their Customes to be confined to their own Houses Castles or Plantations not wander abroad to be governed by such Laws
as the Conqueror should transmit to them all which are the tokens of a Nation by conquest made subordinate to the Conqueror and are part Heril and part Civil and though they may remain a Kingdom and absolute within themselves as to the making of Laws to the obliging each other yet they can no wayes impose on their Conqueror for though that be true which in Quintilian is alledged on the behalf of the Thebanes that that only is the Conquerors which he holds himself but an Incorporeal right can not be holden and the condition of an Heir and of a Conqueror is different because the right passeth to the former by the descent but only the thing by the last by virtue of the Conquest But certainly that is no objection for he that is master of the Persons is also master of the things and of all right which does belong to the Persons for he that is possessed dotâ—… not possesse for himself nor hath he any thing in his power who hath not himself and so it is if he leaves the right of a Kingdom to a conquered People he may take to himself some things which were the Kingdoms for it is at his pleasure to appoint what measure he will to his own favour from hence it is we may observe what fort of Empire that Kingdom is at this day VII Now Ireland before the same became united to the Crown by the Conquest of Henry the II. the natives were meer Aliens and out of the protection of the Laws of this Realm yet when once they became a conquered People and subject to the Crown of England and united ad fidem Regis there did arise their allegeance but that union neither made them capable of the Laws of England nor of their own till such time as the Conqueror had so declared them now what do they desire in order to revive their Government First they humbly beg of King Henry II. that since he was pleased that they should remain as a distinct Dominion that their ancient Customes or Usages should not continue that he would be pleased to ordain that such Laws as he had in England should be of force and observed in Ireland pursuant to which he grants them power to hold Assemblies by the three Estates of the Realm and that they should be regulated according to the institution and manner of the Parliaments in England should have the benefit of Magna Charta and other the great Laws of England and by such means puts them into a method of Governing themselves according to the known wayes of England and to make such Laws as should bind among themselves and by following the example of those of England their Judgment might be supervized and corrected according to the Justice and Laws of England by Writs of Error Appeal and the like Now here is no continuing or reviving their Ancient Government but the introducing a new one part Civil and part Heril nor indeed had they before any such thing as a Parliament there or general Assembly of the three Estates for when Henry the II. went over there were several Kings or Scepts who had their several and distinct Assemblies but when they submitted this great Assembly of Estates which he constituted was a collection out of all of them for their future well Government so that whatsoever modus of Regiment the Conqueror declared it was no more then for the well Governing of the Place and making such Laws as were necessary and proper amongst themselves But for them to impose by vertue of an Act of Naturalization upon an absolute Kingdom as England without the consent of the three Estates of the same surely was never intended much less effected the case is both great and curious therefore c. VIII By the Laws of France all Persons not born under legeance of that King are accounted Aliens and if they dye the King is entitled to the estate for all shall be seized into his Exchequer or Finances but if they make a Will the prerogative is disappointed Yet that extends only to Chattels personal in which Strangers passing through the same have greater immunities then Aliens there resident for Travailers dying without Will the Heirs or Executors shall have benefit and possession of their Estates IX The like Priviledge the Kings of England formerly claimed in the Goods and Estates of the Jews after their death if the Heir sued not and paid a fine to the King to enjoy them as by this Record appears Irratores super sacrum suum dicunt quod praedictum Messuagium fuit quondam Eliae le Bland qui c. diem claufit extremum quia mos est Judaeismi quod Dominus Reg omnia Cattalla Judaei mortui de jure dare poterit cui voluerit nisi propinquer haeres ejusdem Judaei finem feceret pro eisdem dicunt quod Dominus Rex dictum Messuagium dare poterit cui voluerit sine injuria alicui facienda si ita quod sit haeres dicti Eliae finem non fecerit pro Catallis ejusdem Eliae habendis c. But whether the same is now used may seem doubtful for the goods of Aliens escheat not at this day to the Crown but Administration shall be committed to the next of Kin. X. By the Laws of France Flanders Milan and the French County of Savoy though possessed by several other Princes yet the Natives of the same partake in the immunities with the natural born Subjects of France and if they dye without Will their Heirs claim their Estates the reason given because say they those Countreys were never alienated from them but were alwayes annexed to the Crown of France who acknowledges them to be their Subjects to this day But in England it is otherwise for those that are born in Gascoin Normandy Acquitain and those other Territories which were formerly the possessions of the Crown of England in which if any had been born when subject to the same they would have been natural born Subjects yet now are esteemed Aliens and so was the case vouched by Shard of a Norman who had robbed together with other English divers of his Majesties Subjects in the Narrow Seas being taken and arraigned the Norman was found guilty only of Fellony and the rest of Treason for that Normandy being lost by King John was out of the allegiance of Ed. 3. and the Norman was accounted as an Alien XI In France the Kings may there Denizize so likewise here in England but with this difference the Letters of Denization by those of France remove the totall disability and incapacity of the Alien But in England the Charter of Donasion or Denization is but a temporary partial and imperfect amotion of the disability of an Alien for though it puts the Person Indenizen'd as to some purposes in the condition of a Subject and enables a transmission hereditary to his Children born after the Denization
as if a blanck is left in the policy if a loss happens the parties are without remedy 2. 7. 14 Indictment For Pyracy upon the Statute must mention the same to be done at Sea 1. 4. 23 Indiction If necessary 1. 1. 11 Infidel Cannot be a witness yet may bring an Action 3. 4. 7 Innocent Whether such a person may be deserted to prevent a Warr 1. 11. 5 How obliged to render up himself 1. 11. 7 Interpellation Interpellation having gone and no satisfaction returned whether Warr may be begun 1. 1. 14 Joynt-Traders Vide Societieg Joynt-Traders the acceptance of a Bill by one will bind the other 2. 10. 18 But accepted by one Member of a Company it cannot oblige another Justice Stopt and Judges not able to protect men from Violence denotes Warr 1. 1. 6 Denyed or delayed in the ordinary course to a Forraigner gives right of Reprizal 1. 2. 9 11 In matters doubtful the presumption is alwayes for the Judge 1. 2. 10 King KIng's Standard appearing in the Field denotes a Warr 1. 1. 6 King not entitled to the Copyhold Land of an Alien 3. 2. 11 Law OF Nature what thing may be acquired in Warr by the same and also by the Lawes of Nations 1. 1. 6 Law Civil cannot command any thing that the Lawes of Nations forbids 1. 6. 1 Lawes of Nations broken by an Ambassadour subjects him to punishment 1. 10. 5 Judgments how executed by the Lawes of Nations 3. 8. 8 Larceny Where the same may be in a Master 1. 4. 16 Leagues Leagues made with Princes though they have lost their Kingdome remain 1. 7. 18 Leagues remain though the Republique is changed into a Monarchy 1. 7. 17 Leagues the Oath binds the person and the Promise the Successor ibid. Leagues confirmed in England by Parliament and are often Offensive 1 7. 7 The cause ordinary for which they are made 1. 7. 8 Defensive Leagues Leagues how Ratified 1. 7. 12 How broken and the ordinary cause 1. 7. 13 14 How to be interpreted 1. 8. 6 Loadmanage What. 2. 7. 7 London Discharged of Prisage 2 8. 3 The Extent of the Port 3. 14. 9 Keyes and Places lawful for landing in the same 2. 14. 10 Charter confirmed 3. 1. 10 Lotts Vide Mutiny Manumission WHen first introduced 3. 1. 8 The various wayes of making Free ibid Marriners and Fishermen Pressed for the Service are not to be imployed but as Marriners 1. 6. 4 Their Wages dye with the Ship 2. 3. 7 Marriners their Suits favoured by the Courts at Common Law 2. 3. 8 May be corrected by their Master or Captain 2. 3. 12 Marriner cannot contract for Freight 2. 4. 14 Marriners what share they have in the Goods of a Passenger deceasing in the Voyage 2. 4. 11 Marriners their faults and punishments 1. 13. 4 5 Marriners a Shipboard their various Offices and Imployes 2. 3. 1 Their faults how punished 2. 3. 2 The mutual Ayd they must afford one another 2. 3. 3 Not to be arrested a Shipboard nor are they to depart thence when once entertained ibid. Obliged to make satisfaction 2. 3. 4 Masters of Ships Where his knowledge of the Goods may involve the whole Lading 1. 1. 12 Master of a Ship hang'd up for attempting to relieve a place block'd up 1. 1. 14 Master of a Ship becomes a Pledge in the hands of Pyrats for the redemption of the Ship the same is made lyable for his redemption 1. 4. 5 Master brings Goods to a Port and then runs away with them not Pyracy 1. 4. 16 Master responsible for offences to his Owners 2. 1. 8 Where he may release the Freight and where not 2. 4. 15 Where his act obliges the Owners and where not 2. 1. 10 Master hath no Property in the Vessel by being constituted Master 2. 2. 1 Master becomes lyable immediately by the lading the Ship aboard 2. 2. 2 So likewise if he receives them if lost he must answer 2. 2. 3 His Duty 2. 2. 4 He may borrow Money on the Ship 2. 2. 14 2. 11. 10 The Master is obliged to the care and preservation of his Marriners 2. 3. 2 He is obliged for the Barratry of his Marriners 2. 3. 13 Master not lyable unless the Lading is brought aboard by his and his Pursers consent 2. 3. 17 Nor can the same be attached in his hands 2. 3. 18 If he translades the Lading and the Ship miscarry he shall answer but if both è cont ' 2. 4. 4 Master to answer for insufficient Ropes in hoysting out the Goods 2. 9. 5 Masters obliged by the act of their Servants 2. 10. 27 Members What is understood by them 2. 14. 7 Merchants Honour justly due to Merchants 3. 9. 1 The more Honourable the persons are the more reputation they bring to their Country 3. 6. 2 All Nations professing the same may freely Traffique for England 2. 12. 1 Merchants Strangers their Immunities granted 2. 12. 9 An Alien Infant cannot be a Merchant Trader in England nor can be enter Goods in his own name 3. 2. 11 No survivor amongst Joynt Merchants 3. 6. 14 May depart without leave 3. 6. 15 Money Is the civil measure of things 2. 11. 5 Its necessity in Society 2. 11. 6 7 Advanced on a contingency is no Usury 2. 11. 13 14 Mutiny To be punished with death how the same is to be governed in such extremity 1. 14. 17 Not to Mutiny if the Victuals are naught 1. 14. 23 They may be Executed immediately 1. 14. 26 Naturalization CAnnot be in England without Act of Parliament 3. 3. 2 It removes all the disability or incapacity in the Ancestor 3. 3. 3 Naturalized in Ireland operates not in England but in Scotland otherwise 3. 3. 4 Necessity The Master may translade without Commission 2. 4. 4 Necessity is excepted out of the Law of Dominion 1. 1. 4 Ships in Necessity may take things necessary from another by force of Arms 1. 4. 18 The right of Nature in such extremity where let in 3. 5. 5 In such Exigencies how written Lawes are to be interpreted 3. 5. 7 Neutrality Neuters how they ought to carry themselves in Warr 1. 1. 14 Neuters their Ships in the Ports of the warring Parties whether being forced to fight is a breach of the League 1. 1. 15 Neutrality what and how made 1. 9. 6 The advantage of the same 1. 9. 7 Neuter neither purchases Friends nor frees himself from Enemies 1. 9. 7 It works no wrong ibid. If prest for whom must he declare 1. 9. 8 Oath HE that gives it to Pyrat is bound to the performance 1. 2. 6 Oath may be administred by the Judge Advocate 1. 14. 27 Office King not entitled to the Lands of an Alien till Office found but in Treason è cont ' 3. 2. 10 Officer Quarrelling with how punished if struck the party offending suffers death 1. 14. 22 Owners Owners may Freight out their Ship against the consent of each other 2. 1. 2 Cannot be
Carthaginians and again rendred upon request the Hollanders in the heat of the War between the Sweden and Polland never suffer'd themselves to be interdicted with either Nation the same State when they had War with Spain they intercepted the French Ships passing to or for Spain but restor'd them And Pompey in the History of the Mitridatie War set a Guard on the Bosphorus to observe if any Merchant sailed in thither whosoever did and was taken was surely put to death so Demetrius when he possessed Attica with his Army having blockt up Athens hang'd up both the Master and Commander of a Ship who attempted to bring in Corn the Hollanders having blockt up Dunkirk some English Merchants Ships did attempt to enter but were deny'd by the Hollanders Most certain if a Neuter Nation hath had notice of the War and caution given them as is usual not to supply the Enemy with counterband Goods as they call them if such be the case the prize is become absolute the Captors So Queen Elizabeth did when she seized on the 60 Sail of the Hansiatique Towns who were carrying of Goods ropas contrabanda to the Spaniard her Enemy she condemned them and made them absolute prize for as neuters are not compellable by the rigour of War to give any thing against their will so must they not against the will of each Party afford such things as may dammage one another for Persons or Nations having had notice of the War which is done and caution given sometimes by Proclamation or some other publick Edict signifying the right of their cause shall afterwards gather to and assist the Enemy whether associates neuters or Subjects the same yeilds a right so far as to them not only to the charge and dammage that may fall thereby by making them prize but may make them obnoxious to punishment For it is the duty of those that abstain from War to do nothing for the strengthning of him who maintains a bad cause whereby the motions of him that wageth a just War may be retarded and where the cause is doubtful they ought to shew themselves equall to both permitting passage Baking Dressing and affording provision for each Army or Navy L. Aemilius Praetor accused the Tejans for victualling the Enemy's Navy promising them Wine adding that unless they would do the like for the Navy of the Romans he would account them as Enemies but common experience hath taught Nations and Kingdoms when they declare a Neutrality to make provision by way of League with both the Nations at War that when it should happen the Armies of both or any draw towards their Territories it might be lawful for them to exhibite the Common offices of humanity to both The Venetians having so far prevail'd against the Turk in the Island of Candia that they held the City of Canea straightly besieg'd by Sea and Land whereby they had reduc'd it to great extremities it happened at that time to ride about 7 stout Merchant Men in the Port at Smirna the General of the Venetians being jealous of their joyning with the Turkish Armado desired to know their minds who answer'd they would prove neuter in the dispute but afterwards though at first the Captains all refused upon the threatning of the Grand-Seignior to lay an Embargoe on all the Goods of the English Nation in his Dominion and to make slaves of their Persons those Captains were forced to joyn with the Turkish Forces who beat the Venetians from before Canea and so reliev'd it the Venetians Embassador complain'd to the then Powers in England but could have no relief being answer'd that those Ships in the Turks power were Subject to it CHAP. II. Of Letters of Marque and Reprizal I. Of Reprizals generally considered and for what II. That Reprizals are unlawful by the Laws of Nature and the Romans III. That the same by the Laws of Nations are now become lawful IV. The advantage that accrues by the same V. The causes that requires the same VI. Of the things necessarily requisite for the observing them VII Reprizals ordinary and extraordinary according to the Laws of England VIII Of the Interest of Princes of granting them and Letters of Request IX The difference of injustice offer'd to Subjects and Forraigners when and where the one is concluded and not the other X. What is meant by denying of right and doing of injustice and where Reprizals take rooting and where not XI Of Reprizals awarded in cases ordinary XII Of Reprizals issuing forth in cases extraordinary XIII Of Letters of Request precedent allotting a time certain for satisfaction XIV Domicil not origination subject to Reprize XV. Reprizal not granted if the spoil was occasioned by War XVI Of Persons exempt from Reprizal by the Laws of Nations Canon and Civil Law XVII Where Ships or Goods are subject to Reprize and where not XVIII When right deny'd whether life is engag'd and whether Persons refusing to yeild may be slain XIX Goods taken by Reprize where the Property is altered and where otherwise XX. Where many Ships are present and one becomes Captor whether the spoil must be divided or remain his that became Master XXI Of the Captors duties afâ—…ter a Prize taken and its exemption from Custom XXII Restitution when to be made after the debt satisfy'd XXIII Contribution whether it can be by the Laws of England to him whose Goods are taken by Reprize XXIV Commissions awarded for the enquiring of depredations under which the Parties may probaably obtain recompence I. REprizals known to us by the word of Represalie or Leters of Marque in Law have other appellations as Pignoratio Clarigatio and Androlepsia c. In imitation of that Androlepsia among the Greeks to seize the three next Citizens of that Place whether the murderer had fled and was always given to him who required revenge of the offender the word Reprisals is from the French reprendre and reprise i. e. resumptio that is to re-take or take again one thing for another like our Saxon Withernam Though the Art is now become lawful by the Law indeed the consent of Nations yet it must have its Standard mark for the same cannot be done by any private authority but only by the power of that Prince or Republique whose Subject the injur'd Person is nor is the same grantable by authority but where the Party injur'd has Justice deny'd him or the same illegally delay'd II. By the Law of Nature no Man is bound for anothers Act but only the successor of his Estate for that Goods and Estate should pass with their Burdens was introduc'd together with the Dominion of things hence it is that the Son cannot be molested for the debt of his Father neither the Wife for the debt of the Husband nor the Husband for the debt of the Wife the same being against natural equity that one should be troubled for the debt of another So it is
the Fellow Subject of the Captors or of Nations in Amity with his own Soveraign make restitution to the Owner the costs and charges and what other things in equity shall be decreed to the Captor first considered and deducted XX. By the Status of 27 Edw. 3. cap. 13. if a Merchant loose his Goods at Sea by Pyracy or Tempest not being wrackt and they afterwards come to Land if he can make proof they are his Goods they shall be restored to him in places Guildable by the King's Officers ' and six Men of the Country and in other places by the Lords there and their Officers and six Men of the Country This Law hath a very near relation to that of the Romans called De Usu-Captione or the Atinian Law for Atinius enacted that the Plea of Prescription or long possession should not avail in things that had been stoln but the interest which the right Owners had should remain perpetual the words of the Law are these Quod surreptum est ejus rei aeternitas auctoritas esset where by Auctoritas is meant Jus Dominii XXI Yet by the Common Law of England it has been held that if a Man commit Pyracy upon the Subjects of another Prince or Republique though in League with us and brings the Goods into England and sells them in a Market Overt the same shall bind and the Owners are for ever concluded and if they should go about in the Admiralty to question the property in order to restitution they will be prohibited XXII This offence was not punishable by the Common Law as appears by the preamble of the Stat. of 28. H. 8 cap. 15. but the same was determined and judged by the Admiral after the course of the Civil Law but by force of the said Act the same is enquired of heard and determined according to the course of the Common Law as if the offence had been committed on Land XXIII This Act does not alter the offence or make the offence Felony but leaves the offence as it was before this Act viz. Felony only by the Civil Law but giveth a mean of Tryall by the Common Law and inflecteth paines of death as if they had been attainted of any felony done upon the Land The Indictment must mention the same to be done upon the Sea A Pardon of all Felonies does not extend to this offence but the same ought especially to be named Though there be a forfeiture of Lands and Goods yet there is no corruption of Blood There can be no Accessory of this offence tryed by virtue of this Statute but if there be an Accessory upon the Sea to a Pyracy he must be tryed by the Civil Law The Statute of 35 H. 8. cap. 2. taketh not away this Statute for Treasons done upon the Sea Clergy is not allowable to the party on the Statute 28 H. 8. vide 14. Jac. in B. R. Moore 756. placet 1044. Though a Port is Locus publicus uti pars Oceani yet it hath been resolved more then once that all Ports not only the Town but the Water is infra corpus Comitatus If a Pyrat enters into a Port or Haven of this Kingdom and a Merchant being at Anchor there the Pyrat assaults him and robs him this is not Pyracy because the same is not done super eltum Mare but this is a down-right robbery at the Common Law for that the Act is infra corpus Comitatus and was inquirable and punishable by the Common Law before the Statute of 28 H. 6. cap. 15. XXV So If such a Pyracy be made in a Creek or Port in such cases it has been conceived that Clergy is allowable upon the Stat. of 28 H. 8. but if it be done super altum Mare there no Clergy is allowable by the Pardon of all Felonies at the Common Law or by the Statute Law Felony super altum Mare is not pardoned for though the King may pardon this offence yet being no Felony in the eye of the Law of this Realm but only by the Civil Law the Pardon of all Felonies generally extends not to it for this is a special offence and ought especially to be mentioned XXVI A Man attainted by virtue of that Statute forfeits his Lands and Goods yet there works no corruption of Blood by virtue of that attainder nor can there be any Accessory of Pyracy by the Law of this Realm but if it falls out that there is an Accessory upon the Sea such Accessory may be punished by the Civil Law before the Lord Admiral but he cannot be punished by virtue of this Act because it extends not to Accessories nor makes the offence felony XXVII If one steals Goods in one County and brings them into another the Party may be indicted in either County but if one commits Pyracy at Sea and brings the Goods into a County in England yet he cannot be indicted upon that Statute for that the originall taking was not felony whereof the Common Law took conuzance XXVIII If a Man is taken on suspition of Pyracy and a Bill is preferred against him and the Jury find Ignoramus if the Court of Admiralty will not discharge him the Court of Kings Bench will grant a Habeas Corpus and if there be good cause discharge him or at least take Bayle for him But if the Court suspects that the Party is guilty perhaps they may remand him and therefore in all cases where the Admiralty legally have an original or a concurrent Jurisdiction the Courts above will be well informed before they will mdedle If a Man be in custody for Pyracy if any aids or assists him in his escape though that matter is an offence at Land yet the Admiralty having Jurisdiction to punish the principal may have likewise power to punish such an offender who is lookt upon quasi an Accessory to the Pyracy but to rescue a Prisonner from an Officer of theirs they may examine the cause but they cannot proceed criminally against the offender XXIX Antiently when any Merchants were robbed at Sea or spoiled of their Goods the King usually issued out Commissions under the Great-Seal of England to enenquire of such depradations and robberies and to punish the Parties and for fraudes in Contracts to give dammages to the Parties and proceed therein secundum Legem consuetudinem Angliae secundum Legem Mercatoriam Legem Maritimam all three Laws included in the Commissions One Marsh a Fisherman being at Sea was taken by Pyrats and all which he had after that the Pyrats took another Ship belonging to the Dane and the Pyrats having rifled the Ship and taken the best of the Goods of the Danes the Pyrat put aboard the Fisherman and so suffered him to depart who landing here went immediately to Dr. Talbot a Civilian and shewed him all this matter and desiring his advice who directed an Inventory to be
Flagg and lower his Top-Sail at his first approach to the French Fleet and to salute the Admiral of France with Guns who was to return the said salute by Guns also as was usual when the Dutch and English Fleet did meet Only in this the right of the Flagg of England differs from that claimed by the French for if there had been a failer on the part of the Dutch of paying that respect to the French the same would have amounted to no more but a breach of the League but the not striking to the King of Englands Flagg is open Rebellion and the Article does so signify for it is there mentioned as a Right and Soveraignty not a bare Dominion only like that of Jerusalem to the King of Spain XII The Duty of the Flagg that hath been so constantly pay'd to our Ancestors is of such advantage to the continuing the renown of this Nation that it serveth to imprint new reverence in Forreigners that render it and adds new courage to those of our Sea Men that exact it and since we know how much it imports a State that it be reverenced abroad and that Repute is the principal support of any Government it equally influenceth the Subjects at Home and Forreign Allies abroad And as there is no Nation in the World more tender of their Honour then the English so none more impatiently tollerate the diminution thereof with what resentments would not only the more generous and Noble but even the Popular and vulgar Sea Men detest this or any succeeding Age should they remit or loose that Regality those acknowledgements which their Predecessors with so much Glory asserted and the neglect whereof was alwaies punished as open Rebellion the indignity of such an Action being sufficient to enflame the whole Kingdom the consideration of which besides his Sacred Majesties own Royal inclination to the same and his evident testimonies never to abandon a ceremony of so high a concernment witness the exposing the one half of his own heart his Royal Highness in the asserting the same with such Fleets and in such Battles that no Age or time cannot shew a memorial of the like are causes sufficient to create in us new flames of love to those Royal Patriots and Defenders of our Rights Private Persons move in another sphear and act by other Rules then Soveraign Powers the regard of credit with them may oftentimes yield to those of utility or other motives the Publique receives little injury thereby or is their wisdom questioned for such punctilio's if they relinquish them for other Imoluments or Peace sake but Soveraigns cannot so transact their subjects the People participate in their Honour and indignities they have a property a direct Right in the former Soveraignes cannot alienate or suffer their Honours to be impaired because it is not really theirs it appertains to the Nation universally and they are all effectually injured by such transactions either because the indignity doth really extend to them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As Prudence doth thus distinguish betwixt the demeanor of Private and Publique Persons so doth Charity it self for though the Gospel precepts do oblidge particular Persons to bear injuries and contumelies with patience and to surrender even the Coat as well as the Cloak yet is not this so to be construed as if even Private Christians were to yield up their Civil Rights to every insolent that would incroach upon and usurp them or that they were to deprive themselves of those Reparations which the Law and Government affords them neither is it so to be understood as if the Civil Magistrate in Christendom might not secure himself of that obedience and reverence which is due unto dignity but bear the Sword in vain XIII This being the value which this Nation did alwaies place upon the Right of the Flagg the which they never did regard it only as a Civility and Respect but as a principal Testimony of the unquestionable Right of this Nation to the Dominion and superiority of the adjacent Seas acknowledged generally by all the Neighbour States and Princes of Europe and must be pay'd and ackowledged by all Princes in the World that shall be or pass on the same The Maritime Dominion by the Laws of England were alwaies accounted the Four Seas such as are born thereon are not Aliens and to be within them is to be within the Legeance of the King and Realm of England The Records in the daies of Edward the 3d. and Henry the 5th proclaim it that those Kings and their Progenitors had ever been Lords of the Seas and amongst those many great Instances of proving the Soveraignty of the same is that famous Record of Edward the first and Phillip the Fair of France in which the Procurators of most Nations Bordering upon the Sea thoroughout Europe as the Genoeses Catalonians Almaines Zelanders Hollanders Freislanders Danes and Norwygians besides others under the Dominion of the Roman German Empire where all joyntly declare That the Kings of England by right of the said Kingdom from time to time whereof there is no memorial to the contrary have béen in peaceable possession of the Soveraign Lordship of the Seas of England and of the â—…es within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished then Merchant Men use to be and of taking surety and affording safe-guard in all cases where néed shall require and of ordering all things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof By which it plainly appears That the King of England had then been in peaceable possession of the said Dominion by immemorial prescription that the Soveraignty belongeth unto them not because they were Domini utriusque ripas when they had both England and Normandy and were Lords of both shores for Edward the first at that time had not Normandy but that it is inseparably appendant and annexed to the Kingdom of England our Kings being Superior Lords of the said Seas by reason as the very Record mentions of the said Kingdom and since that the Soveraignty of the Sea did alwaies appertain unto the English King not in any other Right then that of the Kingdom of England no Prince or Republique ought or can doubt the Tittle by which our present claim is deduced 't is in right of Britannia that the same is challenged 't was in that right the Romans held it the claim justified Ed. 3. and his Rose Noble though there are other reasons regarding to the Lancastrian Line which yield a Colour for the use of the Port-cullis in the Roal Banners of England
the same to what condition they have been reduced and made to acknowledge that Dominion and Superiority to that Crown under which their Ancestors humbly besought the acceptance of the Soveraignty of the Netherlands might be annexed and protected is now fresh in our memories so high and of so great Importance is this Dominion and Soveraignty signified by the Duty of the Flagg in the British circumjacent Seas CHAP. VI. Of the Right of Pressing or seizing of Ships or Mariners for service publique I. That such Right is excepted in the Law of Dominion II. Whether the Ships of Nations who are in war at the same time may be pressed the danger being equal III. Whether this Right extends to Ships to fight and no â—…more or gives a power to trade IV. By the Laws of England the King may seize V. The reason why such power was vesâ—…ed in the Admiral VI. That such a right of compelling Men to serve in Naval Expeditions may be VII Objections legal refuted VIII Of the antient punishment of such deserters of the Kings service IX Whether it be lawful for a private Man to execute Justice on such as fly and desert the service X. Where a General Commission is given to Men to execute Justice I. THe Civil Law though it can command nothing which the Law of Nature forbids nor forbid what it commands nevertheless it may circumscribe natural liberty and prohibite what was naturally lawful and also by its force antevert that very Dominion which is naturally to be acquired Hence it is that Princes by the Law of Nations may acquire a Right of use of things that do belong to private Persons for property hath not as hath been said swallow'd up all that Right which rose from the Common State of things for as all Laws are to be construed as neer as possible to the intention of the Makers so we must consider what was the mind of those that first introduced singular Dominions now the Rule to construe that must be as neer as possible to naturall equity and that in extream necessity that old right of using things should revive as if the things had remained common the same standing with the interest of all humane constitutions and therefore in the Law of Dominion extream necessity seems excepted Hence it is that the Vessels and Ships of what nature or Nation soever that shall be found riding in the Port or Havens of any Prince or State may be seized on and imploy'd upon any service of that Soverain that shall seize the same being but a harmless utility not divesting the Owners of their inteâ—…â—…r property II. If a Ship of the King of Denmark be in the Port of London and the Swede is in War with that Prince and it happens at that time the King of Britain is in War with the Spaniard now the possessor is here pressed with an equal necessity and by the same argument is rather obliged to the defense of his own Country then another whether by the Law of Nations the Ship ought to be detained hath been doubted most certain they may who would not pluck a Shipwrackt Man from his planck or a wounded Man from his horse rather then suffer himself to perish to slight which is a sin and to preserve the highest of wisdom besides in the taking of the Vessel the right is not taken from the Owner but only the use which when the necessity is over there is a condition of restoring annexed tacitly to such a seizure And doubtless the same right remains to seize the Ships of War of any Nations as well as those of Private interrest the which may be imploy'd as occasion shall be present So the Grecians seized on Ships of all Nations that were in Ports by the advice of Xenophon but in the time provided food and wages to the Mariners III. Whether this Right extends so far as to give Princes a power to seize in order to traffique may be some question certainly if the traffique be for such commodities as Masts Timber Tar Powder shot or other commodities or accoutrements of Armes or Naval provisions of offence necessary for the defence of the Realm it may be done but then it is just fraight should be pay'd for what hurt can it do me to let another my Boat to pass over a ford if he rewards me and if that be answered the Owners are at no prejudice for this is but a harmeless utility IV. By the Laws of England there is no question but the King may seize and it appears by very many antient Records that he might do it and it was one of the Articles of enquiry amongst others Item soit in quis de Neifs qui sont arrestez pour le service du Roy ou de l'Admiral debreissant le Arrest then follows Ordonne estoit en temps du Roy Richard le primier a Grimsby per advise de plusteurs Seigneurs du Royaume que quand Neifs seront arrestez c. and that upon such Arrests broken the parties might be punished and fined Again Inquiratur si arrestatus ad serviendum Regi fregit arrestum hujusmodi transgressor stat in gratia Regia sive Admiralli sui ultrum voluerint committere Carceribus mancipandum vel finem facere in hac parte si arrestum hujusmodi factum manifestum fuerit cognitum If the Admiral by the Kings Command arrests any Ships for the Kings service and he or his Livetenant return and certify the Arrest or a List of the Ships arrested into Chancery no Master or Owner of the Ships so arrested shall be received to plead against the return pur ceo que l'Admiral son Lieuâ—…enant sont de Record And if the Ship so arrested break the arrest and the Master or Owner thereof be indicted and convicted devant l'Admiral by the Oath of 12 Men the Ship shall be confiscate to the King which power the General maintains in all places where he has power and the same seems to be provided for in the latter Clause of 15 R. 2. Ca. 3. King Ethelred his Bishops and Nobles in the General Councel of Enham an 1009 for the setting out a Fleet every year and the punishment of those who hurt or spoiled any Ship or deserted the service especially if the King was present in the Expedition amongst others it was enacted Si quis Navem in Reipub. expeditionem designatam vitiaverit damnum integre restitutio Pacem Regis violatam compensato si verum ita prorsus coruperit ut deinceps nihili habeatur plenam luito injuriam laesam praeterea Majestatem So Sir Henry Spelmans Version out of the Saxon Copy renders it but the antient Copy hath it more largely Naves per singulos annos ob paâ—…ae defensionem munitionem praeparentur postque Sacrosanctum Pascha cum cunctis utensilibus competentibus simul congregentur qua igitur etiam poena
abuses are up on such an account legally tollerated In omnibus rebus vetustas ipsa plurimum habet dignitatis ita ut Massalienses quorum praestantissima creditur fuâ—…ssa Respublica laudentur to nomine quod gladio ad puniendos sontes usi sint eodem a condita Urbe quo indicarent in minimis quoque rebus antiquae consuetudinis momenta servanda Proxime enim ad demum accidit Antiquitas aeternitatis quadam imagine Grot. de Antiq. Rep. Batav in Praefat. Ceteris mortalibus in eo stare consilia quid sibi conducere putent Principium diversam esse sortem quibus praecipua rerum ad summam dirigenda Tacitus Annal. l. 4. †Vide the Earl of Shastsbury's Speech to the Parliament 1672. Si fama tua videtur necessaria rectam muneris tui administrationem non potest condonare Lessius de Inst. l. 2. c. 11. dub 24. §. 26. Selden Mare Clausum l. 2. cap. 24. Fitzherberts protection tit 46. Seld. ibidem c. 23. Co. 4. Iustit fo 142. Vide part of the Record in fo 54. And the case 29 Eliz. in B. R. Sir John Constables Leonard 3. part 72 the reason of the opinion there is mistaken for the right unto the Sea ariseth not from the possession of the shores for the Sea and Land make distinct Territories and by the Laws of England the Land is called the Realm but the Sea the Dominion and as the loss of one Province doth not infer that the Prince must resign up the rest so the loss of the Land Territory doth not by concomitancy argue the loss of the adjacent Seas I is no more necessary that every Sea Town should command 100 miles at Sea then that each City should command 100 miles by Land Julius Paucius de Dom. maris Adriatici Anno Domini 1600. Anno Domini 1609. Anno Domini 1636. Will. Fulbecks Pandects of the Law of Nations c. 4. The King against Sir John Byron Bridgman fo 23 24 25. Vide postea in Chap. of Customs June 30. anno 1598. Selden lib. 1. cap. 11. Alber. Gentil Hisp. Advocat l. 1. c. 14. vide Mr. Secretary Cookes Letter to Sir William Boswell April 16 1635. * The fight of the Dutch with the Spanish Fleet in the 1639. Downes Scilicet hoc factum Hollan dorum est contra justitiam omnem pro certo contra reverentiam qua partibus territoriis debitur alienis Alâ—… Gent. Hisp. Advocat l. 1. 3. 14. Anno Domini 1552. JunÌ„e 2 and 3. About the 8 of â—…g 1653 †Offered to Queen Eliz. Cette-cy entre autres merite bien une consideration speciale Que la conjunctiondesdits Pays de Hollande Zelande Frize des Villes de l'Escluz Ostende in Flandres avec les Royaumes de vostre Majesté emporte soit l'Empire de la Grande Mer Oceane par consequent une asseurance Felicité perpetuelle pour les Subjects de vostre Serenissime Majesté John Stow Supplement to Holling shed An. Dom. 1585. Vide Sir Walter Raleigh lib. 5. cap. 2. §. 2 3. Enna aut malo aut necessario facinere retenta Livy lib. 24. * F. de Navibus non excus C. l. 11 tit 3. and Pekius on the same Law Quidni enim inquit Cicero quando scire detremento sue potest alteri communiâ—…t in iis quâ—… sunt accipienti utilia danta non molesta 1. de Offic. 1. * De expeditione Cyri. 10 Ed. m. 16. 12. * 23 Ed. 1. Rott 77. in the Exchequer 12 E. 3. in the Black-Book of the Admiralty p. 26 and 27. 6 Joh. m. 11. 9. Joh. m. 3. 24. Ed. 2. m. 17. 11 R. 2. m. 13. Rot. Franc. De Offic. Admiral Angliae per Roughton Artic. 10. The Black-Book of the Admiralty fo 28 29 157 158. 15. R. 2. c. 3. Cro. Arg. of Hampdens C. called the Ship money C. fo 79 to 100. Spelmanni Cnocil Tom. fo 520 521. Spelmanni fo 528 expeditio Navalis Rot. Scotiae 10 E. 3. m. 2. to 17. and then to 34. intus dors to 28. 1 Eliz. cap. 13. Vide Stat 16. 17 Car. I. c. 15. 2 3 P. M. C. 16. Vide Sir Henry Spelmans Gloss. in tit Admirâ—… Lambert Archeion tit Admiral fo 42. Exodus 21. 6. Inst. de Jure person §. servi autem Gell. l. 2. C. 7. Tacitus Co. 〈◊〉 Inflit. fo 358. 2 E. 1. Memb. 18. Rott Pat. 1 E. 1. m. 17. Ro. sin 31 E. 〈◊〉 num 44. Ro. pat 17 H 6. Ro. Cla. indors Vide the Case of Bates in Lanes Reports fo 4. Co. 6. part Case of Souldier Vide the 1. Institutes fo 71. And the Stat. of which provides punishment for those Watermen which shall hide themselves does evidence what the common Law was as to the right of pressing which certainly would never punish those whom they could not press †2 Aprilis 49 E. 3. in the Black-Book of the Admiralty 32 33 34 Art and fo 69. Art 10. The Black-Book of the Admir f. 17. Lamb. inter Leg. Edovardi f. 139. 13 Car. 2. cap. 9. †Non solis ducibâ—…s aliisque pâ—…tentibus innasci solet atque immorari bene agendi propositum sed cuique volenti licet honestum est ejus qua vivit Reâ—…publicae mali commoreri publicas utilitates pro suis viribus promoveri Vide Grotius l. 2. c. 20. †That is as to entitle him to Clergy and so it was ruled by all the Judges in B. R. M. 23 Car. 2. in the Case of one found specially at Surrey Assizes before Mr. Justice Twisden who slew the adulteror in the very act Vide August Civit. Dei citatum C quicunque causa 23 qu. 8. An. 25. Eliz. Co. Litt. f. 74. Code Justin. tit quando liceat unicuique It was in force in England till the beginning of the Reign of Edw. 3ds time Co. Inst 128. B. 13 H. 4. fo 4 5. 37 H. 6. fo 3. Jugurtha taken by his Father in Law Bocchus and delivered to the Romans Charles the 7th of France at a personal Treaty with Duke of Orleans 〈◊〉 slew the Duke though a Soveraign Prince Meyer l. 15. Phil. Comines lib. 4. c. 9 10. * As that between Edward the 4th and Lewis the 11th in the Territories of the Duke of Burgundy Vide Aemilius Paulus in History of France and Ferron his supply of the same of the Life of the Duke of Orleans afterwards Lewis 12th upon the failer of issue male of Charles the 8th Julius Ferretus de legatis Principium de 〈◊〉 side 〈◊〉 †The Leagues between the Crown of France and Spain are commonly between Kings and Kings Realm and Realm and Man and Man of their subjects and hath in time past been lookâ—… upon to be the firmest of Alliances Phil. Comines lib. 2. cap. 8. 9 E. 4. 2. a. The League then made with the Scots and likewise between Ed. 4th and the Duke of Burgundy Phil. Comin lib. 3. c. 6. * Rot. Pat. 4.
yet as in reference to the Maritime Dominion Henry 8th did embellish his Navy Royal therewith and Queen Elizabeth stamped it upon those Dollars which she designed for the East India Trade signifying her Power of shutting up the Seas if she thought fit as by a Port-cullis with the Navy Royal this Dominion of the British Seas did Authenticate the Proclamation of King James ordaining the Flemish at London and Edinborough to take licence to Fish this justified the like Proclamation by the late Royal Martyr King Charles and warranted by the Earl of Northumberland in his Naval Expedition That Prescription is valid against the claims of Soveraign Princes cannot be deny'd by any who regard the Holy Scripture reason the practise and tranquillity of the World and that true it is the modern Dutch have pretended if not dared to challenge the Freedom to Fish in the British Seas by Prescription but it is likewise as true that Prescription depends not upon the Corporeal but the Civil possession and that is retained if claim be but made so often as to barr the Prescription the which hath been alwaies made evident first by frequent Medals next by punishing those that refused it as Rebels by guarding it of it and lastly by giving Laws time out of mind on it which evidently proves that the Civil possession is not relinquished our Kings constantly claiming the Dominion of the same none else pretending all Nations acknowledging it to be in them and the same never questioned till those modern Dutch of yesterday arose XIV The importance of the Dominion of the Sea unto this Nation is very great for alone on that depends our Security our Wealth our Glory from hence it is that England hath a Right to all those advantages and emoluments which the Venetian Republique draws from the Adriatique Sea where the Ships of the Grand Seignior of the Emperor King of Spain and Pope pay Customs to maintain those Fleets which give Laws to them within the Gulfe 't is hereby that the English can shut up or open these Seas for Ships or Fleets to pass or repass them whereto Queen Elizabeth had so special a regard that when the King of Denmark and the Hansiatique Towns sollicited her Majesty to permit them free passage they transporting Corn into Spain she refused them and when a Protestant Fleet of Hamburgers and others had presumed to do so notwithstanding her prohibition she caused her Navy Royal to seize take burn and spoil them when they were passed her Maritime Territory within sight of Lisbon yielding this reason for her justification that they not only relieved her Enemy with provisions but had presumptuously made use of her Seas without obtaining her Royal Permission for so doing 't is from hence that the Crown of England can justly demand an account of any Ship or Ships occurring in those Seas what 's their Business and what their intentions are and prohibite any Prince or Reipublique to enter there with potent Fleets without praeacquainting his Majesty and obtaining his Royal Permission without which Dominion and Soveraignty England can never live secure on shore it being easy for any Forreign Fleets to amuse us with specious pretenses and in their passage to invade and surprise us Thus whilst the Turk pretended to sail for Malta he occasionally possessed himself of Canea in the Isle of Candia many such presidents do occur in History And in fear of such surprizal the Athenians being Lords at Sea did exclude the Persian Monarchs from sending any Ships of War into any part of the Aegean Sea Rhodian Carpathian and Lydian Seas and that which tends to the West towards Athens the like caution was used by the Romans against Antiochus and the Carthaginians and the Turk prohibits all Nations saving his Vassals to enter the Black Sea or Pontus Euxinus and also the Red Sea and that 't is by virtue and force of this right that the British Nation can drive on their own Commerce navigate themselves and permit others securely to trade with them 't is true that the Dutch have presumed some years since to violate the security of the British Seas by the attacking the Allies of England not only within the British Seas but in her Harbours attempting to pursue a French Vessel up almost to London and have more then once attacqued the Spanish Fleets in her Ports under the protection of her Castles and that against the Laws of Nations and the Peace of Ports in which for the time they seemed to cloud the Honour of the Nation but satisfaction for indignities of that nature though slow yet are sure and should such as those have been longer tollerated Beloved Britannia must become a prostitute by a Confederation of those States or take Pass-ports for her Commerce But the Royal Martyrs goodness was no longer to be trod on his Heart and his Cause were good and though those unhappy times which were crooked to whatsoever seem'd straight did hinder the accomplshiments of his entire intention for satisfaction yet those whom the just God of Heaven was pleased for a time to permit as a punishment to this Nation to rule did not want in the fulfilling for so soon as he was pleased to stay the fury of the Intestine Sword their hearts took fire from that flame that had formerly been kindled in that Royal Brest and having prepared a Fleet in order to the treating as Souldiers with Swords in their hands they were in the like manner assaulted in their Territories in the Downes but the Dutch found then what it was though two for one to assault a British Lyon at the mouth of his Den intending if possible to have destroyed the English Power but were frustrated in their design being severely beaten home to their own dooâ—…â—…d afterwards those that then had got the English â—…d in their hands begun to consider that the Victâ—…y â—…ust be pursued as a season fit to assert their Antienâ—…â—…ight and Soveraignty of the Sea and then those people thinking that the odds before was not enough to destroy the Briâ—… Fleet they equipt out a Fleet greater and far more numerous then the English under the Admirals Van Trump De Witt the two Evertsons and Ruyter but they suffered the same fate as their former about some 34 of their Ships on the Coast of Flanders burnt and taken and the rest chased home to their Ports and not long after followed the total defeat of their Naval forces accompanied with the death of Van Trump by the English under the Admirals Blake and Monk who had sunk and fired about 30 more of their Ships of War no quarter being given till the end of the Bataill six Captains and about a thousand Men were taken prisoners and about six thousand slain of their Presomptions since amongst other things in denying the duty of the Flagg and of what punishment and check they have had for