Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n edward_n king_n normandy_n 2,635 5 11.0549 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30617 The soveraignty of the British seas proved by records, history, and the municipall lawes of this kingdome / written in the yeare 1633, by that learned knight, Sr John Boroughs ... Borough, John, Sir, d. 1643. 1651 (1651) Wing B6129; Wing B3774_CANCELLED; ESTC R10587 24,855 175

There are 3 snippets containing the selected quad. | View lemmatised text

the Kings of England had then been in peaceable possession of the sayd Dominion of the sayd Sea of England by immemorable prescription Secondly that the Soveraignty belonged unto them not because they were Domini utriusque ripae as when they had both England and Normandy and so were Lords of both shoares For Edward the First at this time had not Normandy but that it is inseparably appendant and annexed unto the Kingdome of England our Kings being superiour Lords of the said Sea by reason as the said Record speaketh of the sayd Kingdomes Thirdly onely the Kings of England had power to make Lawes and exercise supreame Jurisdiction over all persons and in all causes within the sayd Sea and in their absence to the Masters of their said Ships onely appertaineth Fourthly That the King of France could not make an Admirall in that Sea without doing wrong to the King of England but that it was an usurpation upon his right Lastly that all this was affirmed and acknowledged by the Agents of most part of Christendome being strangers to the Crown of England Surely I beleeve no Prince in the world can produce clearer evidence for any part of his estate then the King of England by this Record can doe for his Soveraignty and exclusive Jurisdiction in the Sea of England Yet for further declaration hereof I will adde certain others of succeeding times in affirmance of that above mentioned The first whereof is that of King Edward 3. being an Article amongst others upon which the Kings Justices were to be advised with all the title of the Record being as followeth Articuli super quibus Justiciarii Domini nostri Regis sunt consulendi Item ad finem quod resumatur continuetur ad subditorum prosecutionem forma procedendi quondam ordinata inchoata per Avum Dominum nostruns Regis ejus Concilium ad restituendum conservandum antiquam superioritatem Maris Angliae jus officii Admirallatus in eodem quod corrigendum leges statuta per ejus Antecessores Angliae Reges du dum ordinata ad conserv an dum pacem justitiam inter omnes Gentes Nationis cujuscunque per mare Angliae transeuntes ad cognoscendum super omnibus in contrarium attemptatis in eodem ad puniendum delinquentes damna parti satisfaciendum Quae quidem leges statuta per Dominum Richardum quondam Regem Angliae in redditu suo à terra sancta correcta fuerunt interpretata declarata Insula de Olleron publicata nominata in Gallica lingua Lay loy Olleron In this Record as in the former the ancient right of the King of Englands superiority in the Seas of England and the large extent thereof is clearely specified but especially in the conclusion wee may observe to the great glory of our English Nation that the famous Lawes of Olleron which after the Rhodian Lawes were antinquated and absolete have now well neare 500. yeares been received by all the Christian world for regulating Sea affaires and deciding Maritime controversies were first declared by King Richard the first a King of England at his returne from the Holy land and by him caused to bee published in the Isle of Olleron then belonging to the Dutchy of Aquitane and thereupon and from that Island tooke their name which they yet retaine and this is the more worthy of note because untill this Record being lately found was produced the most learned Lawyers and Antiquaries of our times were altogether ignorant by whom those Lawes were ordained and why they were so called To the same purpose and effect is this originall in French but expressed here in English Item to the end that having seen and considered the formes of proceeding and Letters ordained by the Counsell of our sayd Lord Grandfather to the King for them and the sayd Nation of England to recover and retaine the sayd Subjects Assistants and Allies and to cause redresse to be made unto them for all damages done to them on Sea and Land during the said Truce Peace and Confederation and against the forme of the same by the said French their Assistants and Allies and to shew the clamour of the people for the said dis-inheritance and the damages which by reason of such clamour might happen and especially to retaine the Soveraignty which his Ancestors the Kings of England used to have in the sayd Sea of England as touching the ancient declaration and interpretation of Lawes by them made to governe all manner of people passing through the sayd Sea And first to his Admirall and Masters and Marriners of the Ships of the Cinque Ports of England of all other Lands annexed to the Crowne of England belonging to his Army in the said Sea the like formes of proceedings and letters be henceforth observed with all such amendment as may be ordained by the said Consells of our said Lord the King to the profit and honour of him And moreover the Record following sheweth how much that great King Edward the third held himselfe in honour bound not to suffer the dominion of the Sea to be lost or impaired in his time but especially wee are in it to observe that the Kings of England were anciently as now Domini Anglicani circumquaque Lords of the Seas environing England for so the words of the Record are Rex dilecto fideli suo Galfrido de Say Admirallo flotae suae naevium ab ore aquae Thamisiae versus partes Occidentales salutem Cum nuper nos animadvertentes quod Progenitores nostrûm Reges Angliae Domini Maris Anglicatani circumquaque etiam defensores contra hostium invasiones ante haec tempora extiterunt Et plurimum nos taederet si honor noster regius in defensione hujusmodi armis quod absit depereat temporibus nostris aut in aliquo minuatur c. Mandamus vobis quod statim visis presentibus et absque ulteriori dilatione naves portuum praedictorum alias naves quae jam paratae existunt super mare tene atis And first to the practique proofe of this Dominion and Superioritie in all succeeding times what can be more pertinent and materiall then to shew That the Kings of England successively have had the Soveraigne guard of the Seas That they have imposed taxes and tributes upon all Ships passign and fishing therein That they have stoped and opened the passage thereof to strangers as they saw cause That all wrecks and and Royall fishes therein found are originally due and doe belong unto them Every of which particulars the testimonies following will amply manifest As touching therefore the guard of the Seas It is apparent by the Records of Parliament and by the printed bookes of Statutes that Tomage and Poundage were granted as for other reasons so especially and all waies for enabling the King to guard the Seas And accordingly divers admiralls from time to time were constituted
stuffe having their Keeles and Ribs made of slight timber and the rest of the Hull rooven up with Osyers covered with leather Carinae Primum ac statumina ex levi materia fiebant reliquum corpus navinm viminibus contectum coriis tegebatur From whence Caesar tooke his patterne of those Ships which hee was forced to frame on the sudden for passing his Army over the River neare Ilerda in Spaine without wch he had utterly lost both it and himselfe yet had they and their Confederates other shipping of so great bulk strength withal so serviceable in fight at sea that Caesar in their description preferreth them far before those of the Romanes for in the Navall preparations made by the Gaules of Venice neare the mouth of the River Loyer wherein hee expresly saith that they had Auxilia supplies from the opposite part of Brittaine he setteth forth their Ships in such manner as considering the time may justly move admiration Ipsorum Naves saith he ad hunc modum factae armataeque erant Carinae aliquanto planiores quam nostrarum Navium quo facilius vada ac decessum aestus excipere possent prorae admodum erectae atque item puppes ad magnitudinem fluctuum tempestatumque accomodatae Naves totae factae ex robore c. And againe Neque enim his nostrae rostro nocere poterant tanta erat firmitudo neque propter altitudinem facile telum adjiceb atur Et eadem de causa minus commode scopulis continebantur Accedeb ant ut cum saevire ventus cae pisset se vento dedissent tempestatem ferrent facilius in vadis considerent tutius ab aestu derelicta nihil saxa cantes timerent And presently after circiter ccxx Naves eorum paratissimae atque omni genere armorum ornatissimae è portu profectae nostris adversae constiterunt Neque satis Bruto qui classi praeerat Neque Tribunis militum Centurionibusquequibus singulae naves erant attributae constabat quid agerent aut quam rationē pugnae institerent Rostrā enim noceri non posse cognoverant turbibus artem excitatis tamen has altitu do puppium ex barbaris navibus super abat ut neque ex inferiori loco satis commodè tela adjici possent missa à Gallis gravins acciderent And that the Brittaines not onely at this time but in most of those Warres of the Gaules did send them aydes and supplies against the Romanes the words of Caesar evidently declare who intending to invade their country pretended no other quarrell then Quod omnibus ferè Gallicis hostibus nostris inde subministrata auxilia intelligebat Yet these three confederates and neighbours the Gaules they permitted not freely to passe the Brittish seas but kept them from knowing so much as their opposite coasts save onely by way of Trade and Merchandize And this to certaine appointed places neare the sea-shoares where the knowne Marts and Staples were appointed for commerce and traffique By all which it manifestly appeareth that before the Roman conquest the Brittish Nation had the supreame power and command of their owne Seas without the competition of any other Nation whatsoever So likewise when the Romans had made themselves possessorie Lords of the Island and the Soveraigntie of the Seas thereunto belonging was in them and accordingly continued and was maintained without incroachment or pretence of title thereunto made by the other But when the Civill warres and distraction of the Roman Empire had by exhausting of the flower of the Brittaine youth so much infeebled the Nation as inforced them to call in the Saxons to their ayde against the Picts their insolent neighbours for suppressing the nationall factions growne up amongst themselves and those Saxons working upon the weaknesse of the Brittaines had expelled them from the better parts of the Kingdome though for a time they were diverted from setling their owne affaires by the powerfull invasions of the Danes and their homebred quarrels grown by reason of the severall pettie Kingdomes of their Heptarchie yet when they were all reduced under one head they forgot not to assume their right of Soveraignty in the seas of England As did the most noble Edgar who in the glorious title of his Charters yet extant of those times speaketh as followeth Altitonantis Dei largiflua clementia qui est Rex Regum Ego Edgarus Anglorum Basileus omnium-que rerum Insularum Oceani quae Brittaniam circumjacent cunctarumque Nationum quae infra eam includuntur Imperator dominus c. And for maintenance of this his Soveraigntie he continually kept in readinesse a Navy of foure hundred ships which being divided into foure severall Fleets of one hundred Ships a peece did every yeare after Easter take their course to the four quarters of England where they remained to guarde and scowre the Seas untill winter following So saith Ranulphus Cestrensis Idem quoque Edgarus 400 Naves congregavit ex quibus omni anno post festum Paschale 100 Naves ad quamlibet Augliae partem statuit sic aestate Insulam circumnavigavit hyeme vero iudicia in Provincia exercuit Etheldred after Edgar for defence of the Seas and kingdomes caused of every three hundred and ten hides of land a shippe to be built which meeting at Sandwich made the greatest Navy that ever this kingdome set forth to Sea And Canutus the Dane coming not long after to be King first of halfe the Realme by by composition betweene him and Edmund Ironside and after the death of Edmond of the whole Survivorshippe did fôr his owne time as his Successors of the Danish race after him preserve the Seas of the Kingdome in their former estate without admitting any the neighbour Princes to have any dominion in any part thereof And so they remained in the time of the Confessor untill the conquest made by William Duke of Normandie in whose raign and for many discents after him the Soveraigntie of the said Seas was so far from being evicted that it was never so much as questioned by any Nation untill the time of Edward the first about the yeare 1299. and the six and twentieth of his raigne At which time the King of France being upon termes of hostilitie with those of Flanders did by his Commission constitute one Reyner Grimbald Admirall of his Navy which he then sent forth against the Flemmings by vertue of which Commission Grimbald in passing to and againe in the Seas of England tooke upon him Soveraigne Jurisdiction as Admirall unto the French King in those Seas taking the people and Merchants of England and other Nations and carrying them into France where he caused them to abide his judgement and a ward concerning their goods and Merchandice But shortly after the Kings of England and of France appointed by agreement certain Commissioners termeed Auditors in the Record to heare and redresse the wrongs interchangably done
prohibit all other wafters whatsoever that presumed to take that office upon them and to commit them to prison there to attend the Kings pleasure To this effect the venerable Camden in his description of the North riding of Yorkshire saith that the Hollanders in their fishing for herring upon the Northcoasts of England did first obtaine licence of Scarborough Castle for to doe But that which is most materiall to the Soveraigne command and proprietie of our King in this point of fishing especially appeareth in that all Neighbour Princes have by treatie obtained licence for their Subjects to fish in our seas As in truce and abstinence of war agreed betweene Henry the fourth and the French to the intent the Fishermen might fish in all parts the King sent forth his Letters as followeth Le Roy au toutz nous Admiralls a fin qu'en cest present herringinson les poissonniers de l'un pertie de l'auter puissoint peshenre plus seurement in le mere les Herrings touts autres poissons entre le haven de Scarborough de fin de pays de Flanders verle East dillonques sur le coast de Angleterre insanes an haven de Southampton sur le coast du Royanne de Frence de le dit fin de tout le dit pays de Flanders nisques a riviere de Sound sc. voulomus avomus ordonne oustre ordonnomus ottryons per ses presents Que touts les poissonniers de la dite partie de France poissoynt pesher seurement les herrens toutz autres pessons durant cest herringnison nisques an primer jour de Januarie prochainment a vener denis entre les bounds dessus limites The like liberty was granted by treaty between Henry the sixt and the Dutchesse of Burgundy to those of Brabant and Flanders witnessed by the Record following Rex omnibus ad quos c. Inspeximus quasdam continuationem prorogationem elargationem nuper facta super facto intercur sus commutationis Merchandiz Piscariae maris aliarum rerum necessarium ad utilitatem communem nostrorum regni Angliae dominii Hiberniae et villae Caliciae ex una parte et Ducatus Comitatus patriae Brabantiae Flandriae et Dominii villae Machlinae ex altera parte Amongst other Articles this is one Item et touts pecheurs tam de Angleterre Ireland et Calais peaceablement aller partont sur le mer pur pischer et gaigner leur venvre fans impeachment on disturber de l'vne partie on de l'auter So in a Truce to endure for thirty yeares between the King of England and his heires on the one party and the Duke of Burgundy and his heires on the other part One Article is Item et touts pecheurs tam D'angleter quam d'Ireland et de Calais sicome de pais de Mon Sur le Duke quelqueles soyent purront peaceablement aller par tout sur le mer pur pescher et sans 〈◊〉 lour so it be saigne sur ceo requirer ou obtitiner asc licence conge ou sau● conduict etc. The like in a truce and abstinence of War to endure the space of thirty yeares betweene Edward the fourth and his heires on the one part and Francis Duke of Brittaine on the other part where one Article is Item et touts pescheurs tam D'angleter ' sicome du dit pais et Duche de Britaigne quelqueles soyent purront peaceablement aller par tout sur mer pur pescher et gaigner lour unture sans impeachment ou disturber delv'ne partie au de la'uter et sans ceo lour soit besaigne sur ceo requirer sans conduct Moreover Philip the second King of Spaine in the first yeare of Queen Mary obtained license for his subjects to fish upon the North coast of Ireland for the terme of one and twenty yeares paying yearly for the same a thousand pound which was accordingly brought into the Exchequer of Ireland and received of Sir Henry Fitton being then Treasurer there as his sonne Sir Edward Fitton hath often testified To conclude this point It is notorious that at this day the King of France as others of his predecessors have done by the speciall license of the King of England fisheth upon our Coasts neare Rye with a set and limited number of small boates and that onely for provision of his own houshold being tyed to observe the Orders and Lawes of his owne Fishermen for breach whereof divers of his Subjects of late years have been taken and imprisoned in Dover Castle and elswhere Nor doth the King of England in these particulars claime or use any exorbitant Jurisdictions and differing from that of other States and Princes in like case who generally give Aliens lawes to passe or fish in the seas coasting upon their Territories And also impose Taxes and Tributes for their owne profit and commodity The Emperour of Russia compelleth all Fishermen within the Seas though it be many Leagues from the Maine to pay him Tribute In Scotland and other Islands under the King of Swede they are enforced to pay Taxes The King of Denmarke at his Wardhouse in the Sound hath for a Licence a Doller and for the Seale or Rose a Noble of every Ship and for every last of Herrings being 12 barrels a Doller The Duke of Medina Sidonia in Spaine hath his greatest revenues out of the Taxes layed upon Fishermen for their fishing in Tourney All Princes of Italy bordering upon the Seas receive a proportion of like benefit And the Hollanders themselves impose taxes on the fishes taken by their owne Fishermen in our Seas Now for the King of Englands Soveraignty in opening and stopping the passage of his Seas the presidents of ancient times imbarging and staying not onely Pyrates or Enemies but friends also that were suspected to trade with Enemies or had done particular wrong to the English subjects or upon some other urgent occasion or reason of State are so frequent in Record of Story that the transcribing and reading of a thing so generally known would certainly bee esteemed losse of time labour I remember those of Hamborough and other Easterlings though in amitie with us in the late raigne of Queene Elizabeth of famous memory were notwithstanding stayed from passing through our Seas towards Spain and good prize made of all other Nations that attempted to doe the like without license first had and obtained from hence I will therefore only note by the way to this purpose that strangers being to passe through our Seas either in coming to us or going to any other place without so much as touching upon any of the King of Englands Countries have used to take safe conducts and licenses of our Kings to secure them and protect them in their passage thereby acknowledging the right of their superiotie in this behalfe in the Seas Of