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.
least allow such a Dominion VIII Som antient Testimonies of inferior note All the testimonies almost that are comprehended in this Division are indeed domestick but so publick and of so approved credit that hardly any thing can bee imagined which might give a clearer proof of possession whether Civil as they call it consisting in the act and intention of the minde or Natural which require's the presence of the Bodie As it will appear to any man that pleas to make enquirie Especially if hee add hereunto the judgment or acknowledgment of such Forein Nations whom it chiefly concerned whereof wee shall treat also by and by But of these things severally and in order 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 very Law of the English Admiraltie CHAP. XIV AS concerning the Guard or Government of this Sea there are three things therein that deserv special consideration 1. The bare mention and nature of the Guard of the Sea and of the Guardians or Admirals thereof in publick Records and Histories 2. The Tributes and Customs imposed demanded or accustomed to bee paid for and in consideration of the said custodie And lastly the tenor and varietie of Commissions belonging to this Guard and English Admiraltie or Government by Sea Since the coming in of the Normans there is frequent mention of a Guard or Government instituted for the defence and guarding of the Sea Here call to minde those observations touching this kinde of Guard which have been alreadie gathered out of that Record or Breviarie of England called Doomesday And King Henrie the first saith Florentius of Worcester gave order to his Butsecarli to guard the Sea and take care that no person from the parts of Normandie approach the English Coasts The same saith Roger Hoveden in the very same words almost save onely that the printed Copies err in putting Buzsecarlis for Butsecarlis These Butsecarli or Butescarles in the old English Language are Officers belonging to the Navie or Sea-souldiers as Hutesecarli were Domestick Servants or Officers in Court And that to guard the Sea here signified to secure the Sea it self not to defend the Sea-Coasts as somtimes though seldom it did with Land-forces plainly appear's out of Henrie of Huntingdon in whom it is clear that the persons who thus guarded the Sea were emploied by the King to make Warr by Sea against Robert Duke of Normandie who was then preparing an Expedition against England Now those publick Records are lost wherein the Roial Commissions for the delegation of this Command or Government were wont to bee registred all that space of time betwixt the coming in of the Normans and the Reign of K. John But from thence through all the succeeding ages unto this present time it is as clear as day that the Kings of England have been wont to constitute Governors or Commanders who had the charge of guarding the English Sea and were the Guardians or Governors thereof in the same manner as if it had been som Province upon Land First of all there were intrusted with the Government of the Sea or the Maritimae and Marinae the Maritime and Marine part of the Empire understanding by those words not onely som Countrie lying upon the Sea-Coasts but comprehending the British Sea it self though I confess it was not alwaies so such as were to guard and keep it under the title somtimes of Custodes Navium Guardians of the ships but more frequently Custodes Maritimae or Marinae in the sens aforesaid And in the time of Henrie the third Thomas de Moleton is styled Captain and Guardian of the Sea and hath autoritie given him to guard the Sea and the Maritim parts of the Eastern Shore In the same King's Reign also the Inhabitants of the Cinque-Ports are said to guard the Coast of England and the Sea So Hugh de Crequeur was Warden of the Cinque-ports and of the Sea in those parts Afterward the title of Guardians or Wardens very often changed into that of Admirals Edward the First saith Thomas of Walsingham for the keeping of the Sea divided his Shipping into three Fleets setting over them three Admirals namely over the Ships at Yarmouth and the road thereabout John de Botetort over those at Portsmouth William de Leyburn and over the Western and Irish Ships a certain Irish Knight Moreover also that John de Butetort is in the Records of that time styled custos Maritimae as were others also After this in the Reign of Edward the Second three Admirals of the three several Coasts of England saith Walsingham had the guarding of the Sea namely Sir John Oturvin Sir Nicolas Kyriel Sir John Felton Wee finde moreover in our publike Records that the principal end of calling a Parlament in the fourteenth year of Edward the Third was De Treter sur la gard de la pees de la terre de la Marche d'Escoce de la Meer i. e. That consultation might bee had concerning keeping the peace of the Land also of the Borders of Scotland and of the Sea The same regard they had to the defence of the Sea as of the Island or Land-Province giving us to understand that the Land and Sea together made one entire bodie of the Kingdom of England Other evidences of the same nature wee finde in the Records of Parlament of the same King's time or in the consultations of the estates of the Realm had about this matter that whilst they Treat indifferently De la saufegard de la terre concerning the safeguard or defence of the Land or Island and de la saufeguard de la Mere the safeguard of the Sea they seem sufficiently to declare beeing well inform'd by their Ancestors that the Dominion of this as well as of that did belong unto the Crown of England For the business debated by them was not onely how to provide a Navie to make resistance against their Enemies by Sea but for the guarding the Sea it self as well as the securing of the Isle and so for the maintaining the antient right of their King in both In the time of Richard the Second Hugh Calverlee was made Admiral of the Sea saith Walsingham and M r Thomas Percie joined in Commission with him to scour the Roades of the Sea for one year And in the Reign of the same King and likewise of the two succeeding Henries the Fourth and the Fifth debate was had in Parlament about the Guard of the Sea In the Reign of Henrie the Sixth the Guard of the Sea was with a numerous Navie Committed to Richard Earl of Salisburie John Earl of Shrewsburie John Earl of Worcester and James Earl of Wilts to whom was added Baron Sturton and afterward to John Duke
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
the Coast of France For although Aquitain indeed was first added to the names of England and Ireland in that Commission while the English possessed the Dutchie of Aquitain nevertheless it not onely so remained likewise in that form of Commission constantly even after the expulsion of the English until our times but Normandie also which had never been named before in the Commission of high Admiral of England was added and this som Ages after that the English were wholly deprived of the Dutchie it self So that either these names do serv in stead of a Limit to the Sea under his protection or els wee must perforce admit contrarie to reason that they signified nothing in the Commission for so many years For wee see that those names of opposite Shore were reteined in the Admiral 's Commission even from the end of Queen Marie's Reign until our times or for the space of 77 years though the English in the mean time were not possest of the least part of France as also that Normandie was added many years before but yet long after the English were outed of its possession Nor ought any man fondly to imagine that these Names were inserted becaus of that right the King of England had to the Crown of France For indeed the Kings of England have by an antient Right usually entitled themselvs Kings of France Also the Dutchies of Aquitain and Normandie and the other Provinces of France mentioned in this Commission are comprehended in that name of the Kingdom as the lesser in the greater But if that had been the caus certainly the name of France should have been ascribed to our Admiral yea and other Officers of that Kingdom have been made in the same manner by the King of England after hee was driven thence Of which thing there is not the least evidence indeed any where exstant And it is to bee observed as soon as ever an alteration was made in the Draught of the Commission from that denomination of the Command of the Admirals of England which was derived from the Fleets and Coasts over which they had command unto that which is made up of the Kingdoms and Provinces that then an Addition was made of Aquitain to the end that the limit or bound as well on this as the other side of the Sea might bee pointed out by the Shores The name of Normandie beeing added afterwards and reteined still together with Calais and the Marches thereof and Aquitain upon the same account But while that the Kings of England were in former times possest of Normandie Aquitain and other Countries in France there are not found in the form of Commission wherein the Kingdoms and Provinces as hath been alreadie shewn are expressly nominated any other Admirals or Governors of the Maritim Province or Dominion by Sea made by them besides those to whose care the Fleets and Coasts were committed in the manner alreadie mentioned that is to say the whole Sea flowing between our British Isles and the Provinces over against them and the Fleets belonging to any Territories whatsoëver of the Kings of England were at that time by a peculiar right of the Kingdom of England in the Sea so subject to them who were so put in Command over the English Fleets and Coasts that there remained neither place nor use for any other Commanders of that kinde Which may bee said likewise of those times wherein som of the Kings of England stood possessed also of the Kingdom of France as Edward the Third and the two Henries 5 th and 6 th Nor is it a bare conjecture that they did not put any others in command over the Sea and Fleets besides those to whom by right onely of the Kingdom of England the power was committed to wit according to that right which comprehended the whole Sea flowing between but it is sufficiently proved also upon this ground that wee have the antient publick Records of those times touching the Offices constituted by our Kings in France and those Provinces beyond Sea in most whereof I finde not the least sign of the contrarie And if it bee demanded here wherefore it was that the Shore of Bretaign was omitted which in like manner lie's over against our Isle of Britain and together with the Shore of Picardie Normandie and Aquitain sufficiently take's up that whole Tract which stretcheth it self in the Realm of France before the English and Irish Sea certainly if the aforementioned reason take place there is little caus to doubt that it hapned thence becaus the King of England was not at any time so possest of Bretaign that beeing outed of it hee needed to bee very sollicitous touching the Bounds of the Sea-Territorie adjoining Distinct Lords of Territories confining on each other as were the King of England and Duke of Bretaign heretofore for Bretaign had Kings and Dukes of its own before Charls the Eight under whom Anno Dom. 1491. it was united to the Realm of France do for the most part keep their Bounds so distinct that they may bee the more evidently taken notice of by all but when of such kinde of Territories there is but one and the same Lord as the King of England was while hee possessed either Normandie or Aquitain or any other Maritim Province in France together with England hee beeing outed of either ought above all things to take care that the past confusion of possession bee not prejudicial to the future distinction of Bounds For fear then lest it might have been pretended that even the Sea adjoining or confining with those Maritim Provinces which were a long time heretofore possessed by the English and afterwards taken away was taken away together with the Provinces whenas perhaps by reason of the past confusion of possession in one and the same Lord all men might not bee sufficiently instructed touching the Bounds of the English Sea placed as wee have said upon the Shore over against us therefore for the setting forth of those Bounds the name first of Aquitain after its beeing lost was reteined in the Admiral 's Commission and then that also of Normandie was added And afterwards both of them with the name of Calais and the Marches in stead of the Shore of Picardie were for the same reason continued down to our times Which reason truly could not concern Bretaign at all nor Flanders likewise nor any other Shores lying Eastward over against us All which nevertheless do after the same manner bound the Sea-Territorie of England Moreover those things that have been hitherto observed shall bee confirmed by what wee shall add next touching the Office of Admiral among the French Touching the Admirals of the Kingdom of France or those constituted upon the opposite Shore their Original nature and varietie That the Sea it self flowing between Britain and France is not conteined in that command of his as of one that is Governor of a Territorie or Province nor is there any thing in it that may
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
those Islands that lie before the shore of France For 't is generally known that after King John and Henrie the third were driven out of Normandie it self that the Isles Caesaria and Sarnia which wee call Jersey and Garnesey Aureney and som other Neighboring Isles lying near the shores of Normandie and Bretaign yea and situated within that Creek of Sea which is made by the shore of Bretaign on the one side and that of Normandie on the other have in the following Ages both now and heretofore remained in the Dominion of England But by the sentence passed against K. John as Duke of Normandie for the murther of his Nephew Arthur the French would have him deprived of all the Right hee had to Normandie And afterwards Henrie the third resigned his Right to Normandie But suppose wee grant what is commonly received that these Islands were of the Norman Jurisdiction or belonging to the Dutchie of Normandie yet truly even so they neither could bee taken away by the sentence nor did they fall to the French by Resignation forasmuch as the possession of the Sea and so of the Islands placed therein was still reteined after the same manner almost as manie Priories were in England it self who though they were belonging to the Norman Government in Church-matters yet even as they were of the Government of Normandie they ever remain'd under the Dominion of England as long as the Privileges of Monasteries were in force among the English as beeing situate within the undoubted bounds of the English Empire Nor is it easily understood wherefore the Islands could have been so reteined unless they also had been seated within the bounds of the English Empire in the Sea But the thing chiefly to bee consider'd here is that verie manie Foreign Nations as well as the Estates of England did in a Libel or Bill of Complaint publickly exhibited in the time of King Edward the First and King Philip the Fair before a Court of Delegates specially in that behalf by them appointed in express terms acknowledg that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein par raison du Roialme d' Angleterre upon the account of the Realm of England or as they were Kings of England Which truly is all one as in most express terms to ascribe this whole Sea unto them as far as the Shores or Ports lying over against us But concerning that Libel I shall add more by and by Nor is it to bee omitted that the addition of a Shore larger than that of Picardie to the Kingdom of France hapned first at that time wherein those Isles were so reteined by the English after they were outed of Normandie For before the Shores of Aquitain Bretaign and Normandie were in the possession of other Princes that of Aquitain and Normandie beeing possest by the English and that of Bretaign by the Duke or Earl of that Countrie So that the French King had neither any shore almost nor any considerable use of Sea-affairs at that time by which means also the English did with the more ease retain the aforesaid antient possession of the Sea and the Isles after they were deprived of the Norman Dutchie And this sufficiently appear's also by that Sea-Fight perform'd between the French Fleet commanded by Eustachius the Monk in the time of Philip Augustus King of France and the English Fleet under the Command of Philip de Albenie Governor of the aforesaid Islands and John Marshal who both carefully guarded the passages of the Sea in the beginning of the Reign of Henrie the Third That is to say a French Fleet of about 80 Sail was designed to transport Auxiliarie Forces out of France for Lewis afterwards the Eight of that name that was King of France who through the Treason of som Conspirators made War upon the English King in England This of the French was assailed by an English Fleet of 40 Sail. But Roger of Wendover and Matthew Paris tell us that part of the French who had not been used to Sea-Fight was in a short time wholly defeated Observ here they say that hitherto the French were not accustomed to Fights by Sea But of the English they say the English being warlick and skill'd in Sea-Fight galled them with Darts and Arrows ran them through with their Lances did execution with their Swords sank their Ships and them with Lime which they did by throwing the Powder of Lime into the Aër so it might bee driven by the winde into the French-men's eies They were deprived also of all hope of relief and succor and know not which way to slie The English at that time time beeing expert in Sea-Fight did by this means make good the possession of their Sea and the Isles also that are situate therein For even this Fight relate's to the second year of Henrie the Third or the year of our Lord MCCXVIII that is at the same time almost when the English were first deprived of Normandie But as to that which is commonly said that these Islands first belonged to the English Norman right or by the right of the Dutchie of Normandie it is as easily denied as affirmed by any Nor is there any weight in this Reason that becaus those Islands have and ever had certain Customs like the Norman therefore they do belong to Normandie For the Norman Customs are often used in England as the Roman are somtimes by other Nations yet everie man know's this can bee no ground for such an Argument Nor is it any more to the purpose that those Islands were within the Diocess of the Bishop of Constances in Normandie until that in our Grand-father's daies they became subject to the Bishop of Winchester Their Ecclesiastick Government was a long time derived out of Normandie with more convenience indeed becaus of the nearness of the place which began as it is to bee supposed in those daies when the English possessed the Shores on both sides But it doth not follow thence that those Islands belong'd to the Dutchie of Normandie any more then that the many Priories heretofore in England who were of foreign Jurisdiction in Ecclesiastical matters did therefore belong to the Dominion of foreign Princes and not to that of the English Kings as Kings of England That is every jot as weak also which they use to allege about the Norman Languages beeing in use among the Inhabitants of those Islands The people of Cornwâ—l in England have alwaies used the Welch Tongue at least with a little alteration in the Dialect as the Bretaigns do also in France In like manner the Inhabitants of the Isle of Man use the Irish Tongue yet no man will conclude thence either that this paie's obedience to the Kings of England as Lords or King of Ireland or that the other are subject to their Princes by any right of the Welch Principalitie Wee know indeed that
somtimes slight mention is made not onely in the proêms of som Charters of later times but also in several antient Petitions of the Islâ—nders that those Islands belong'd heretofore to the Dutchie of Normandie and upon that account were held by the Kings of England But yet wee know as well that those Provinces which in Antient time were derived by Inheritance to our Kings in France of which kinde truly these Islands are to bee reckon'd if they were held as parts of Normandie were alwaies permitted so to use their own Customs and antient Forms of Jurisdiction that they were not at all subject to the ordinarie Jurisdiction of the Courts of England The same privilege was ever allowed likewise to the people of Aquitain Anjou Normandie and others Yea and som Ages since the Kings of England were pleased to order that such Controversies as hapned there should not bee decided in any other place out of the Islands but in their own Courts of Judicature whereas notwithstanding it is most certain that in the Reigns of Edward the Second and Third times which without doubt made good search into that Right whereby those Islands were annexed to the Patrimonie of the Kings of England there were Justices Itinerant that is Officers created of old who were often by ordinarie right to take cognisance especially of the more heinous crimes through all the Counties of England also of such Rights and Privileges of the Crown as were usurp't and arrogated by any and of other matters for the most part that are usually brought into Courts of Justice who beeing sometimes also called Justitiae errantes Justices errant were wont to bee sent forth into those Islands as well as into the Counties of England though the Inhabitants did indeed exclaim and somtimes preferr'd their Petitions against this kinde of Jurisdiction But yet it is most certain that the opinion of those very Officers who were themselvs learned in the Law then was that those Commissions whereby they were so inabled to administer Justice in those Islands were not onely grounded upon Law which was the opinion also of those who ruled at that time in this Nation but also that the very Provinces of the Islands were so incorporated one with another as they are all with England throughout the extent of that Sea which lie's between after the manner of our English Custom in the Provinces or Countries that a Caus beeing somtimes inlarged they might appoint daies of Appearance to any Inhabitants of those Islands in the King's Bench in England as well as to the Inhabitants of any one of the Isles in the other after the same manner as is used within England it self Which appear's by the Commission of John de Scardeburgh and his Fellow-Justices in the time of Edward the Third and others of that Age. But it was never heard I suppose that upon such an inlargement a time of Appearance might by our Common Law bee appointed in any other place but that which is of the same Jurisdiction as conteined within the Patrimonie of the Crown whereto also that place belong's out of which any one is so adjourned Nor do I remember that any such thing was ever so much as attempted in those Provinces which were not reckoned in the Patrimonie of the English Empire yet possessed upon another Title by the King of England as the Dutchies of Anjou Normandie Aquitain and the like Moreover also in the more antient Charters of som of our Kings in confirmation of the Privileges of Islanders they are noted more than once for such Privileges as they or their Ancestors or Predecessors have enjoied under the obedience of any of our Progenitors beeing Kings of England Surely if it had been then believed that those Islands were a part of the Dutchie of Normandie it is not to bee doubted but they had added also or Dukes of Normandie which wee finde truly in som Charters of later time yet so that in these also those Isles are said in express terms and that upon verie good ground to bee retained in sealtie and obedience to our Crown of England But in the time of Edward the Third the Islanders petitioning the King in Parlament for their Privileges and Custom 's which had been established time out of minde annexed the Customs of som of the Islands among which are these Item that no man ought to bee questioned about his Freehold after hee hath quietly enjoied it a year and a day unless it bee by Writ taken out of the Chancerie of our Lord the King making special mention both of the Tenement it self and of the Tenant Item That they shall not bee put to Answer before the King's Justices of Assise until they first give them Copies of their Commissions of Assise under their Seals Item that the King's Justices assigned by Commission for the bolding of Assise ought not to hold Pleas here longer than the space of three weeks Truly these antient Customs seem so to reâ—â—sh as if those Islands had been subject to our Kings their ordinarie Jurisdiction by the right of English Empire not by the Norman although the Islanders insinuate also in the same Petitions that they were a part of the Neighboring Province of Normandie Add hereto also that the â—sle of Serk was granted by Queen Elisabeth to Herelie de Carteret to bee held in Capite by him and his heirs that is to say as a Feud belonging to the patrimonie of the Crown of England notwithstanding that it bee unawares or els carelesly admitted in the Charter of this Grant to bee within the Dutchie of Normandie But in the Treatie held at Chartres when Edward the third renounced his claim to Normandie and som other Countries of France that border'd upon the Sea it was added that no controversie should remain touching the Islands but that hee should hold all Islands whatsoëver which hee possessed at that time whether they lay before those Countries that â—ee held or others For reason required this to maintain the Dominion by Sea Yea both Jersey and Gernsey as also the Isles of Wight and Man are said in divers Treaties held betwixt the Kings of England and other Princes to belong unto the Kingdom of England and to lie near the Kingdom of England These Isles also were granted heretofore by King Henrie the fift to his brother John Duke of Bedford without any recognition to bee made unto Us or Our Heirs notwithstanding any Prerogative of the Crown for any other Tenure held of Us out of the said Islands which may in any wise belong unto the said Islands Castles or Dominions Which words seem not in the least measure to admit any Right of the Dutchie Perhaps also that antient custom was as a token or pledg of the Sea's Dominion beeing conjoin'd with that of the Isles whereby all the Fish as it is in the Records of Edward the third taken by the Fishermen of
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-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
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
thing in a manner was acknowledged by a subject of the King of Denmarks no mean man in a Letter that hee wrote som years since to a friend of his in England his name is Gudbrandus Thorlacius Bishop of Hola in Island who in a Letter sent hither Anno MDXCV to Hugh Branham Pastor of Harwich call's the Britains almost Lords there of the whole Sea There is saith hee a report now at this day that you of Britain whom I had almost called Lords of the Sea have Negotiations every Year in Groenland But the Kings of Denmark deny it here and this more Northerly Sea which belong's to Island they challenge to themselvs as they are Kings of Norway and that by antient right if not unjustly pretended To this purpose let us observ that passage which I finde in a speech of the Ambassadors of Erricus the tenth King of Norway and Denmark delivered unto our Henrie the fift which run's to this effect Most victorious King of England may it pleas your Majestie to understand that our most gratious Lord the King of Norway c. aforesaid hath certain Islands to wit Island Jeroy Hietland and manie more belonging to his Kingdom of Norway whereunto of old no persons were wont to repair out of other Countries upon any occasions whatsoëver either of Fishing or Merchandisiâ—g under peâ—il of life and limbs nor might the men of the Kingdom of Norway more than those of other Countries without special licence from his Majestie Nor might they after Licence obteined set forth out of any other place than the Citie of Bergen nor return to the same place but upon inevitable necessitie or when they ought to paie Customs and other Duties to the King's Exchequer according to the most antient Custom of Norway which hath been constantly observed time out of minde in that Kingdom Also in the year MCCCCXLV Christophor King of Denmark and Norway granted the Inhabitants of Zirickzee in Zealand a freedom of Navigation into his Kingdom Island and other Isles beeing excepted and prohibited which are the very words of the Grant Moreover out of the League made at Koppenhagen in the year of our Lord MCDXXXII between our Henrie the sixt and the same Erricus King of Norwaie and Denmark the Commissioners of the King of Denmark who held a Treatie at Bremen with the Commissioners of our Queen Elisabeth in the year MDC II about the free use of this Sea alleged this Article almost to the same sens It is provided that all Merchants and all other men whatsoëver in subjection to the King of England and France do not presume hereafter under peril of loss of life and goods to visit the Countries of Island Finmarck Halghaland or anie other prohibited places and unlawful Ports whatsoëver in the Kingdoms of Denmark Sweden and Norway Yea and som years before the use of this Sea was prohibited both to Merchants and Fisher-men unless they were bound with Merchandise to North-barn the most eminent Town of Traffick under the King of Norwaie And touching that particular there is an Act of Parlament of Henrie the sixt whereby such a kinde of Prohibition continued in force for certain years in favor of the King of Norwaie So that there were many Letters Patents afterwards granted by our Kings to their subjects of England whereby they had Licence to go unto Island Finmark and other Dominions of the King of Norway and Sweden But that Statute the rigor whereof was dispensed with at the King's pleasure by such kinde of Grants became repealed at the beginning of the Reign of King Henrie the eight And Joannes Maior making mention of that time saith A Fleet of English went everie year to Island beyond the Arctick Circle to catch Fish But what manner of determination soêver ought to bee made touching the Dominion of this more Northerly Sea yet certain it is such a perpetual servitude at least was by several agreements betwixt the Kings of England and Norwaie imposed upon it that to this day also the subjects of England enjoy a perpetual right of sailing unto Island and of using and enjoying this sea For by a League made at Koppenhagen in the year MCDXC betwixt Henrie the seventh of England and John the second King of Denmark and Norwaie it was concluded that all Merchants and Liege-men Fisher-men and any other persons whatsoëver beeing subjects of the King of England and France might for ever in time to com sail freely to the Island Tyle that is to saie Island for in that age it was generally taken for Thule as it is now also by som thither to have recours and to enter with their ships and goods and merchandise victuals and any other commodities whatsoever upon occasion of buying selling fishing or merchandising and there to abide and convers after the manner of Merchants and from thence freely to return as often as they pleas without any Prohibition molestation or impediment of Us or our heirs and successors in the Kingdoms of Denmark and Norway or of any of our Officers they paying the due rights and usual Customs as well in that Island as also in the Ports belonging to the same where they shall happen to arrive Provided alwaies that seven years immediately after the date of these presents they do Petition to renew their Licence from us and our successors Kings of Denmark and Norway to the end that so from seven years to seven years Merchants and all otheâ— persons aforesaid may for ever acknowledg us and our successors Kings of Denmark and Norway in the renewing of their Licence But that this League was not limited by any time but concerned the heirs and successors of both the parties appear's not onely in part by what hath been alleged alreadie but by the very form of the Preface which I thought meet to add in this place VVee John by the Grace of God King as aforesaid by the unanimous advice and consent of our beloved Counsellors and others the Lords and Nobles of our Kingdom of Denmark have caused a Treatie to bee had with the Orators of the most illustrious Prince Henrie by the Grace of God King of England and France our most dear Brother James Hutton Doctor of the Civil Law Thomas Clarentieux King of Arms Thomas Carter and John Beliz Merchants of Lyn about the restoring of peace and establishing a perpetual concord between our Kingdoms which Counsellors of ours and the Orators autorised in our Citie of Koppenhagen by special Commission of the afore named King of England our most dear Brother and with full power whereof wee are assured by the Letters of the said King of England have concluded that between us our heirs and successors well willers friends and allies and the most illustrious Prince Henrie King of England and France our most dear Brother his heirs and successors well willers friends and allies there bee and shall bee for ever in time to com
Kingdom the ground whereof is this becaus the Universal right of all those things which were common either by the Law of nature or Nations is transferred into his Dominion And other passages hee hath much to the same purpose as also Stephanus Paschasius Ludovicus Servinus somtime Sollicitor general for the King Popellinerius and others If they speak of the Sea of Maâ—seille or Narbon wee shall not oppose them But as to what concern's the bodie of the Sea which lie's Northward or Westward of the French or that flow's between France and the Islands of great Britain for that which lie's Westward from them upon that crooked Shore or the gulf of Aquitaine doth indeed flow between the more Westerly Coasts of our British Isles and of France as well as that which lie's Northward from them flow's between England and Normandie they neither produce any Testimonies of Antiquitie nor indeed can they if they would Unless you will have that admitted which hath been cited out of Caesar concerning the Veneti of Aremoriça and that which wee said before of the Sea bordering upon that shore Both which indeed do rather import som service called heretofore Nobilitates super navibus then any kinde of Dominion But the soveraigntie of this Sea which flow's between them and us became absolutely appropriate to the Kings of England as wee shall make it appear in the next Book And the truth is if wee look upon the Customs most in use among the French or the Civil Law of that Nation there is nothing in it that derogate's from the antient communitie of the Sea but as to them it remaine's as yet not possessed but common to all men and therefore not to bee reckoned among the Revenues or Patrimonie of their Kings if so bee credit may bee given to that Treatise lately published of the Civil Romane and French Law by Thomas Cormerius Counsellor to Francis Duke of Anjou in his Parlament of Alençon The matter that it pretend's to treat of is the Romane Gallick Law There are in it the Customs of France decrees of Princes and Privileges often â—ntermingled But under the Title of things common â—o all hee make's the Sea and Shores common to all according to the antient Law of the Romanes as if in this matter it did exactly agree with the Law of France which certainly is an argument that the French have no Dominion over the Sea Nor must wee let it pass that somwhile since there were two Constitutions pretended to in France one of Henrie the Second the other of Henrie the Third wherein they required that the Ships of Forraigners which sailed through the Sea bordering upon France should strike their top-sail forsooth in acknowledgment of that Dominion the French had over the Sea But neither of them were autorized or as they speak simply verified by the Estates in Parlament yea nor so much as admitted into Custom Nay the later of them was plainly rejected as to any effect in Law And this the French Lawyers themselvs confess in a notable case between som Merchants of Hamburgh that were Plaintiffs and Michaël Butardus and others Defendants in a Parlament held at Tours in the time of Henry the Fourth But that cerimonie hath by most ancient right and custom been observed and paid to the ships of the Kings of England out of respect and in acknowledgement of their Dominion as is shewn in the following Book where wee treat of this particular more at large I know very well it was ordained by an Edict of the French King that one third part of all goods recovered out of the Sea should belong to the King another to the Admiral and the remainder to the Sea-men that found them And that the French do reckon very many Commanders in Chief at Sea or Admirals in a line somtime continued and somtime interrupted which for the most part they begin from the time of Philip the son of St. Lewis that is from the year MCCLXXXIV as is to be seen in Joannes Feronius Stephanus Paschasius and others But that division of goods recovered out of the Sea beeing simply considered doth prove any Dominion over the Sea no more then the Tenths of any Prizes taken from an Enemie at Sea which by the grant of the King also were allotted to the Admiral of the Navie Rights of this nature are grounded upon the consent of persons to wit subjects transferr'd unto the King not upon any title of Dominion whereby any Pretence may bee made to an acquiring of the Sea it self and they are paid no otherwise then Imposts or Customs in the importation or exportation of Merchandise But no man I suppose will imagin that from such Imposts or Customs upon Merchandise any proof may bee made of a Dominion over those passages through which the Merchants sail before they arrive Neither indeed was there any such custom as this in use among the French before the time of Francis the first that is to say plainly not beeing Lord of the Sea hee desired to bee and was made a Sharer of those goods which should bee drawn by his subjects out of any Sea whatsoëver Whereas the King of Great Britain by virtue of his Dominion over the Sea is wont to take as his own whatsoëver is left or lost in the sea besides other emoluments of the like nature and that by so ancient a right as for ought wee know bear 's a date no less ancient then the Kingdom it self And as for those Admirals of France they were no other then Chief Commanders of Navies and Persons and of the Forces by sea and Judicatories at home but not qualified as Presidents of a Sea-Province or Territorie as the Custodes ipsius Maris the Guardians of the sea among the English and the Admirals of England But more of this in the Second Book Nevertheless from what hath been alleged concerning the Customs Opinions or Constitutions among the French I suppose it sufficiently appear's that they do also acknowledg that private Dominion over the sea is not repugnant to the Law either of Nature or Nations which serve 's fully for the clearing of the point in question The private Dominion of the Sea according to the received Customs of the Danes the People of Norway the Swedes Polanders and Turks CHAP. XIX WEE finde clear Testimonies in the Customs of other Nations also of Europe touching private Dominion of the sea as the Danes the people of Norway the Polanders to whom may bee added also the Turks Wee have observed by the Tolls or Customs of Denmark and Norway what Revenue the King of Denmark raiseth out of the very Navigation of the Baltick Sea as is commonly known and what is paid out of the Roialtie of the Norwegian sea to the King of Norway who at this time is also King of Denmark For in the year MDLXXXIII Frederick the second King of Denmark and Norway made a
charge Which indeed is a thing wee hear not of in later times but that so it was in the Reigns of King Henrie the third and Edward the first the Records of those times do testifie But afterwards the Universal Custodie of the Sea excepting onely what was extraordinarie was committed by our Kings to the high Admirals of England and to them alone or their Deputies and apperteineth unto them now by an unquestionable right But when any person is intrusted with that Guardianship or Custodie the possession and dominion of the King who intrust's or give 's him the Autoritie is comprehended in that Government or Command which also is confirmed by words most express and home to the business in hand that are to bee seen in a Libel or Bill of Complaint hereafter mentioned which was exhibited by a great number of the neighbor-Nations to the Commissioners of our Edward the first and Philip the fair King of France The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed paid and demanded for the Guard or Protection thereof after the Norman Conquest CHAP. XV. COncerning the Tributes or Customs that were wont to bee imposed paid and demanded for the Guard of the English Sea there are very ample antient Testimonies all along since the Reign of the Normans And those things which have been alreadie mentioned touching the Guard of the Sea do not a little confirm it It is manifest that the Tribute imposed in the time of the English-Saxons for the Guard of the Sea which was called Danegeld of whose Original and use wee have alreadie spoken was wont now and then to bee paid heretofore under the Norman Kings After the words there cited out of the antient Dialogue touching the Exchequer about the paiment thereof before the Norman Conquest it immediately follow 's thus in the same Dialogue In his Reign that is to say the â—â—igâ— of William the first the Danes as well as other Robbert of Land and Sea restrained the Invasions of Enemies knowing this to bee true which is written When a strong man armed keep 's his hous hee possesseth his goods in peace For they were not ignorant that resolute and valiaâ—â— men would not let injuries pass unrevenged Therefore whereas the Laâ—d had paid it along time in the same King's Reign they were unwilling to pay that every year which had been exacted upon urgent necessitie in time of warr But yet they would not have it wholly cashiered becaus of sudden occasions Therefore it was seldom paid in his Reign or the Reign of his Successors that is onely then when they either had or suspected a warr with Foreiners And among the old Laws of England wee finde that William Rufus requiring aid of the Barons for the regaining of Normandie out of the hands of his brother Robert sirnamed Cortehole who was upon a Voiage to the Holy Land Danegeld was granted to him not established nor confirmed by a Law that is to say four shillings upon every Hide of Land which were paid for defending the Dominion by Sea For that was the intent and end of Danegeld according to its nature and original Moreover Roger Hoveden saith expresly that it was usually paid until the time of King Stephen Hee speaking of the promisses which hee made at the time of his Coronation saith Thirdly hee promissed that hee would remit Danegeld for ever that is two shillings upon an Hide which his Predecessors were went to take every year The same also is affirmed by Matthew Paris and Roger of Wendover out of whom the Chronicles set forth by Matthew until the nineteenth year of Henry the third or the year of our Lord MCCXXXV were wholly taken They say of King Stephen Tertiò vovit quòd Danegeld id est qualibet ydâ terrae duos solidos quos Antecessores ejus consueverant accipere in aeternum annis singulis condonaret So indeed wee read it in the Manuscript Books of this Matthew whereby the Printed ones are to bee amended who render it onely thus Tertiò vovit quòd Antecessores ejus accipere consueverant in aeternum annis singulis condonaret But this also is added by Hoveden These especially and divers other things hee promissed before God but kept none of them as wee are told likewise by Paris and Wendover So that this Tribute was wont to bee paid in the Reigns of William the first and the second Henrie the first and King Stephen also for the guard of the Sea And it appear's by the accompâ—s of the Exchequer that it was paid somtimes in the time of Henrie the second And after that it grew out of date another cours was wont to bee taken very frequently and used as the Custom of the Land that Pay and Provisions might not bee wholly wanting to maintain the Dominion of the Kingdom of England by Sea Mention is made touching this particular in the Court-Rolls of Edward the first Terrarum ad Custodiâ—â— Maris agistatarum that is of such Lands as were charged with a Paiment or Tribute for the guard of the Sea Wee know indeed also that it was in the same manner collected at that time under pretence of the Sea for the pay and maintenance of Land-Forces neer the Shore But certain it is that the Sea it self was guarded then with Naval-Forces as well as the Shore by Land-Forces and so that that Paiment belong'd either to the Sea it self or els to the Shore as well as the Sea Moreover Subsidies have been demanded of the people in Parlament Pour la salvation du Royalme de euâ— Mesines auxint de la Meer de la March dâ— Escoce de Gascoign des Isles that is for defence of the Kingdom the Sea belonging thereunto the Scotish Border Gasooign and the Isles Thus the Sea and its defence and Dominion is reckoned in an equal right and condition with that of the Kingdom the Borders and the Isles Several other instances there are of that kinde But that especially is to bee observed in this place which wee finde in the Parlamentarie Records of King Richard the second concerning a Tribute or Custom that was imposed upon every ship that passed through the Northern Admiraltie that is in the Sea which stretcheth it self from the Thames mouth along the Eastern shore of England towards the North-East for the pay and maintenance of the Guard or Protection of the Sea Nor was it imposed onely upon the ships of such Merchants and Fisher-men as were English but also by the same right in a manner upon those of any Foreiners whatsoëver no otherwise than if a man that is owner of a Field should impose a yearly Revenue or Rent for the libertie of Thorow-fare or driving of Cattel or Cart through his Field Paiment was made at the rate of six pence a Ton upon every Vessel that passed by except such ships onely as
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
our Isles of Gernesey Jersey Serk and Aureney in the Sea between Easter and Michaelmas is according to the Custom of those places acknowledged to belong unto Us at a reasonable rate to bee paid therefore and that the said Fishermen are bound to carrie all the Fish by them taken between the Times aforesaid unto certain places in those Isles appointed that the Officers under our Governor of the aforesaid Isles may take thence for our use at what price they shall think fit and reasonable Nor is that to bee slighted which wee finde in the Chronicles of the Abbie or Monasterie of Teuxburie concerning Henrie Beauchamp Duke of Warwick who was invested by Henrie the sixt with the Title and Dignitie of King not onely of the Isle of Wight but also of Gernesey and Jersey whereunto the other Isles in this Tract do in a civil sens belong The same thing is recorded of the Isle of Wight by that Learned man William Camden and that out of the same Book The Book it self speak's after this manner But the noble Lord Henrie Duke of Warwick and first Earl of England Lord Le Dispenser and de Abergeveney King of the Isles of Wight and Gardsey and Jardsey Lord also of the Castle of Bristol with the appurtenances thereunto belonging died 3 Idus Junii Anno Dom. 1446. in the twentie second year of his Age at the Castle of Hanley and was buried in the middle of the Quire at Teuxburie And a little before it is said of the same man that hee was Crowned King of Wight by the King 's own hand no express mention beeing made in that place of the other islands but they reckoned in the same condition with this as they were part of the patrimonie of the Kings of England But it is not to bee believed that those Isles which lie before the shore of Normandie had been so turned into a Kingdom though subject to the Crown of England unless even they also who made them a Kingdom had conceived that they possessed them before by a Title superior to that of the Dutchie that is to say by a Kingly Title As King Richard the second when hee had determined that Robert Earl of Oxford who also was Marquiss of Dublin and Duke of Ireland should bee creâted King of Ireland questionless did not doubt but that hee himself in the mean time possessed that Island by no less a Title and Dignitie than of King although the name of Lord was wholly used there at that time in stead of King as also until the latter end of the Reign of Henrie the eight So it is conceived upon good ground that those Isles and the Sea lying about them did though they used different Customs constitute one entire Bodie of Empire with the Kingdom of England Whereunto also that special privilege of theirs doth relate whereby through the favor of the Kings of England they enjoie the benefit of freedom from hostilitie by Sea though there bee a Warr on foot between the Neighbor-Nations round about but of this more hereafter And in their Court-Records which contain the Acts or Decrees of the aforesaid Justices Itinerant wee very often finde Pleas of the Crown which phrase is an Evidence of the English Government Also in their Trials those Forms In contempt of our Lord the King his Crown and Dignitie and Our Lord the King was seised of the aforescid Advousen in time of Peace as of his Fee and in Right of his Crown and others not a few of that kinde wee meet with which savor not of any Right of the Dutchie Add moreover that the King of England so held the Right heretofore not onely of the Isles over against the shore of Normandie but of those also which are opposite to Aquitain as a pledg or concomitant of his possession of that Sea so far as it belong'd to the patrimonie of the Kingdom of England that though our Henrie the third renounced his claim to no small part of Aquitain yet that Isle lying before it called Oleron no less famous in the West for Naval Laws than Rhodes was of old hee granted to his eldest son Edward to bee held in time to com as a perpetual Appendant of the English Crown For this Claus was added to the Grant so that the said Isle may alwaies remain to the Crown of England and never bee alienated from the same Also in his Letters granted to the Inhabitants of Oleron hee saith Wee will not in any wise sever you from the Crown of England Som years before also hee in like manner made a Grant of Gascoign or those parts which lie upon the shore of Aquitain near the Sea to Prince Edward upon condition it should remain entirely and for ever to the Crown of England So without doubt his intent was that both the Sea-Coasts and this Isle should in a special manner bee possest by the said Prince but by no means bee disjoined from the English Empire any more than the Sea its self which washt their shores And although after a while both this and som other neighboring Isles did many Ages since for divers reasons follow the fate of those French shores which lie next to them yet in the mean time the Dominion of the Sea remained entire as it did before to the Kings of England as it sufficiently appear's by those other passages which wee have shewn The Dominion and possession of the Sea asserted on the behalf of the Kings of England from that leav of praeter-Navigation or passage which hath been usually either granted by them to Foreiners or desired from them CHAP. XX. THose things which wee have hitherto alleged concerning this possession and dominion are confirmed by several Passports that have been obteined from the Kings of England for leav to pass through this Sea whereof wee have clear Testimonies in Records that is to say granted at the intreatie of Foreiners Our Henrie the fourth granted leav to Ferrando Urtis de Sarachione a Spaniard to fail freely from the Port of London through our Kingdoms Dominions and Jurisdiction to the Town of Rochel It is manifest that in this place our Dominions and Jurisdiction do relate to the Sea flowing between And when Charls the sixt King of France sent Ambassadors to Robert the third King of Scots to treat about the making of a League they upon request made to the same Henrie obteined Passports for their safe passage par touz noz povoirs destrois Seigniories par Mer par Terre that is through all places under our Power Territories and Dominions as well by Sea as by Land There are innumerable other Letters of Passport called safe Conducts in the Records especially of Henrie the fift and sixt whereby safe Port and Passage was usually granted as well by Sea as by Land and Rivers that is to say throughout the whole Dominion of him that made the Grant And it is
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
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
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