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.
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 is Of the Superioritie or Soveraigntie of the Sea of England and the right of the Office of Admiraltie in the same as it is also in the said agreement between the King and the Earl of Flanders Also in one of the Libels to those words is added retinendis confirmandis All beeing very plainly written in the usual Character of that Age whereunto the matter relate's And there can bee no scruple touching the realitie and truth of them to any one that seeth them who is but a little acquainted with the antient writing and such kinde of Records I gave you the whole sens yea and partly the words before but now have thought fit to set down an entire Copie of the Libel as it was written at that time in the French or Norman Tongue which run's after this manner A vous Seigneurs Auditours Deputez per les Rois d' Engleterre de France a redresser les dammages faits as gentz de lour Roiaulmes des altres terres subgitz a leur seignuries per mier per terre en temps de Pees Trewes monstrent les Procurors des Praelatz et Nobles del Admiral de la mier d' Engleterre des Comminalties des Citties des Villes des Marchaunz Mariners Messagiers Peleringes de tous autres du dit Roiaulme d' Engleterre des autres terres subgits a in segnurie du dit Roy d' Engletterre d' aillours si comme de la Marine de Genue Cateloigne Espaigne Alemaigne Seland Hoyland Frise Denemarch Norway de plusours autres lieux del Empire que come LES ROYES D' ENGLETERRE PAR RAISON DU DIT ROYALME DU TEMPS D' ON T IL NY AD MEMOIRED DU CONTRARIE EUSSENT ESTE EN PAISIBLE POSSESSION DE LA SOVUEREIGNE SEIGNURIE DE LA MIER D' ENGLEIERRE ET DES ISLES ESTEAUNS EN YCELLE par ordinance establisement des lois estatutes defenses d armes des vesseaux autrement garnies que vesseaux de Marchandise et de seurté prendre et savegarde doner en tous cas que mestier serra et par ordinance de tous autres faits necessaries a la garde des pees droiture et equite entre toute manere des gentz taunt d' autre seignurie come leur propre par illeque's passanz et par soveraigne guarde et tote manere de conisance et Justice haute et basse sur les dites lois estatuts ordinances et defenses et par toutz aultres faitz queux à le governement de soveraigne seignurie appertenir purront es lieux avant ditz Et A. de B. Admirall de la dite mire deputez per le Roy de Engleterre et touz les autres Admiralls per meisme celui Roy d' Angleterre et ses Auncestres jadis Rois d' Engleterre eussent este in paisible possession de la dite soverein garde ove la conisance et Justice et toutz les aultres apertenances avantdites forspris en cas d' appell et de querele fait de eux à lour sovereigns Roys d' Engleterre de deffault de droit ou de malvais juggement et especialment par empechement metere et Justice faire seurte prendre de la pees de toute manere des gentz usaunts armes en la dite mier uo menans niefs aultrement apparallez ou garniez que n' appartenoit au nief Marchande et en toutz aultres points en queux home peut aver reasonable cause de suspection vers eaux de robberie ou des autres mesfaits Et come les Maistres des Neifs du dit Royalme d'Engleterre en absence des dits Admiralls eussent este en paisible possession de conustre et jugger des touz faicts en la dite mire entre toute manere des gentz solonâ— les lois estatuts et les defenses et Custumes Et come en le pimier article de l' Alliance nadgairs faite entre les dits Roys en les traitz sur la darrain pees de Paris soient comprises les paroles que â—ensujent en un cedule annexe à yâ—este At non in schedulâ annexâ sed in eâdem membranâ descriptum est quod sequitur unde non tam ipsos libellos qui cognitoribus edebantur quà m sive formulas eorum archetypas sive exemplaria descripta haec esse conjiciendum fortè est utì etiam ex eo quòd Admiralli Angliae nomen aliter ac per A. de B. non inseratur quae prima elementa non sunt nominis alicujus tunc temporis Angliae Admiralli in sacris Scriniis reperti Primierement il est traict accord entre nous les messagers les procurers susdits en nom des dits Roys que iceux Roys serront l'un à l'autre desores enavant bons vrayes loyaux amys eydans contre tout home sauve l' Esglise de Rome en tiele manner que si ascun ou plusieurs quicunques ils fuissent voloient depointier empescher ou troubler les dits royes es franchises es liberties privileges es drois es droitures eu es custumes de eux de leur royalmes q'ils seront bons loyaux amys aydans contre tout home que puisse viure morir à defendre gardir maintenir les franchises les liberties les privileges les droitures et les custumes desusdites Except pur le dit Roy d' Angletterre Monsieur Johan Duâ— de Braban en Brabant et ses heirs dessendans de lui et de la fille le roy d' Angleterre et excepte pur le dite nostre seigneur â—e roy de France l' excellent Prince Monsiur Aubert Roy d' Alemaigne et ces heirs royes d' Alemaine et Monsieur Johan Count de Henau en Henau Et que l'un ne serra en consail ne en aide ou l' autre perde vie membre estate ou honor Monsieur Reyner Grimbaltz Maistre de la Navie du dit Roy de France In English it run's thus To you our Lords Auditors deputed by the Kings of England and France to redress the wrongs don to the People of their Kingdoms and of other Territories subject to their Dominion by Sea and by Land in time of Peace and Truce The Procurators of the Prelates Nobles and of the Admiral of the Sea of England and of the Commonalties of Cities and Towns and of the Merchants Mariners Messengers Inhabitant strangers and all others belonging to the said Realm of England and the other Territories subject to the Dominion of the said King of England and of others under the Iurisdiction of the same As also of divers other Nations Inhabitants of the Sea-Costs of Genoa Catalonia Spain Almaign Zeland Holland Friesland Denmark and Norway and of divers other places of the Empire do declare That whereas THE KINGS OF ENGLAND By Right OF THE SAID KINGDOM FROM TIME TO TIME WHEREOF
Sea for their respective Kingdoms and Territories Thus Canutus was King of the Kings of that Sea which hee himself also sufficiently declares when hee expressly affirms in what was before related that the Sea it self was under his Dominion And so much for testimonies to prove that the British Sea hath been possessed not onely by the Britains after they had cast off the Roman yoke but also by the English-Saxon and Danish Kings Moreover it seem's they did use to take a kinde of cours for the strengthning and preservation of their Dominion both by Sea and Land as the antient Germans of whom both Danes and Saxons are a part were wont to do for the defence of their midland Cities Among them saith Caesar it was the highest glory to make very large depopulations and lay all the Countrie round about them waste measuring their honor by their distance from any neighbor and accounting it the onely token of valor when none durst plant themselvs within their reach and besides they thought by this means to render themselvs more secure by removing the fear of any sudden incursion So it hath been the manner of those that at any time have made themselvs Masters of the Kingdom of Britain to extend their Dominion in the circumambient Sea to the largest Circuit scouring the Seas about and keeping other Nations at a distance as it were from the Wall or Precinct of the Island Nor were those German Cities more Masters of that waste part of the Countrie that lay about them then the King 's of Britain were over the Sea of the same name But as wee observed before of the Scots and Picts in the time of the Romans so here also it is to bee noted of the Norwegians or Normans for many times they are to bee taken for one and the same people and other Northern Nations That those British Isles which are situated in the West and Northern Sea were somtimes so possessed by the Scots and Picts as also by the Norwegians and such others as infested the Northern Sea and invaded the Isles lying between them and Britain that it is not to bee doubted but they also according to the various alteration of their Dominions by Land succeeded one another for that interval of time in the possession of a proportionable part of the Sea also as an Appendant to every one of the shores of Britain The Scots saith an unknown Autor speaking of the year DCCCXLVI for many years became Tributaries to the Normans who without any resistance entred and settled themselvs in the Isles lying round about And as touching the Naval affairs of the Normans in our Sea there are many passages to bee seen in Regino the Abbat Aimoinus and other Writers of that Age. But in the mean time it is sufficiently manifest that as by reason of the tumultuarie unsetled posture of affairs in those daies the Dominion of the Island it self was very often tossed to and fro so also the Dominion of the Sea was in like manner attempted disturbed invaded recovered and defended as that which did inseparably follow the Dominion and Soveraigntie of the Island Wee are not ignorant that in the French Histories there are now and then som passages that speak of their Naval power in this Age which are collected by Popelinerius But there is nothing to bee gathered from them that may set forth the least sign or shadow of a Soveraigntie or Dominion over the Sea Very few indeed are to bee found and such as either concern onely the defending the mouths of their Rivers against the Normans and Danes then roving up and down our Sea or the subduing of the Friezlanders and som of the Neighbor-Nations Whereunto also som other passages relate which wee shall mention by and by when wee com to speak of the Admirals of France Several Testimonies concerning the Sea-Dominion of the Kings of England since the Norman Conquest set forth in General Heads CHAP. XIII FOllowing the Order and Method of our Enquirie in the next place wee treat of the Sea-Dominion of the Britains since the coming of the Normans into England And in the first place our Discours shall bee of the Dominion of the English Sea or that which flow's between England and the opposite shores or Havens of the Neighbor-Nations Now whereas it is confessed on all hands that all Dominion is chiefly founded upon just possession or occupation and its continuance and that possession is not supposed to bee had by the act either of the minde or bodie singly and apart as Paulus long since hath well determined but is most firmly gotten and retained by the joint concurrence of minde and bodie whereupon it is distinguished into Civil that is where there is a right or title by Law and Natural or Corporal and it is requisite that this Dominion receiv a signal confirmation by a long continued assent a free and publick confession or acknowledgment of such neighbors whom it most concern's First then as concerning the Corporal or Natural possession of this Sea as well as that which is Civil or by Law and is retained by the act of the minde wee shall give you very ample Testimonies since the time of the coming in of the Normans And in the next place wee will shew how this Dominion of the Kings of England hath been acknowledged by those Foreign or Neighbor-Nations whom it most concern's But forasmuch as what wee shall thus speak of the English Sea in general will chiefly relate to the Southern and Eastern or that which hath the English shore on one side and France and Germanie on the other wee will therefore discours severally of that which lie's to the West of England and also of the Scotish Sea or that which lie's more Northerly As concerning the possession of the English Sea both Corporal and Mental or Civil continued for that space of time which wee now speak of with the like Dominion arising and retained thereupon there are divers notable and very clear testimonies thereof which for Methods sake wee divide into eight heads whereof I The Custodie Government or Admiraltie of the English Sea as a Territorie or Province belonging to the King II The Dominion of those Islands that lie before the French shore III The Leav of passage through this Sea granted to Foreiners upon request IV The Libertie of Fishing therein allowed upon courtesie to Foreiners and Neighbors and the Protection given to Fisher-men V Prescribing of Laws and Limits to Foreiners who beeing in Hostilitie one with another but both in amitie with the English made Prize of each other in this Sea VI The Records whereby this Dominion is expressly asserted by the By as a most undoubted right and that noâ— onely by the King but by the Parlaments of England when they debated of other matters VII The Commentaries of the Law of the Land and common customs of the Nation which do either assert or at
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
There are saith hee four Governors of the French Sea who bear an equal command under a different title and upon several Coasts of the Sea For in antient time Aquitain was possessed by the English Bretaign by its Dukes Provence by Hereditarie Earls not by the Kings of France And therefore at that time the Admiral of France had command onely over the Belgick Sea of Picardie and Normandie as far as the Coast of Bretaign But then all the other bordering Princes chose Governors of the Sea or Admirals peculiarly for themselvs And therefore the English beeing driven out of Aquitain and the Countries of Provence and Bretaign beeing brought into subjection to the Crown of France the King supposing it not fit to innovate any thing appointed a Lievtenant and Admiral of Aquitain likewise a Governor of Bretaign with the government of the Sea as also in the Prouince of Gallia Narbonensis in a manner distinct and apart from the rest But the chief Courts of Judicature belonging to the French Admiral are setled at Paris and Roan So hee And a little after hee write's that there were Princes not a few who held the Sea-Coasts as Beneficiaries that enjoied the power of Admiral in their Territories But wee have Edicts and Decrees concerning the Admiral 's Jurisdiction over the Maritim Forces Affairs and Persons in the times of Charls the fift and sixt Lewis the 12 th Francis the first Henrie the 2 d 3 d and other Kings of France as also touching the Tenths of Spoils taken from Enemies and other things of that kinde which relate unto the Goods and Persons of such as are subject to the Crown of France upon the account of any manner of Navigation whatsoêver And in these Edicts hee is somtimes called by the King Nostre Lieutenant general per la mer greves d'icelle that is our Lieutenant general throughout the Sea and the shores thereof But this Lieutenant or Governor as they pleas to call him of the Sea was never at all in command over any part of the Sea flowing between France and Britain as over a Province or Territorie to bee defended for the King of France after the same manner as the Admiral of England but in the Sea onely over the Naval Forces Persons and Affairs belonging to the French Jurisdiction much after the same manner as a Soveraign Prince take's cognizance of Offendors of his own Retinue in a Forein Territorie and rule 's them as at home but without any pretence of his to a right of Dominion in that Territorie Which truly there is no man but will conceiv that shall in the first place observ the defect and deep silence of antient Testimonies touching such a kinde of Dominion among the French besides the Qualitie of that Government among them and at length the entire and most ample Power alwaies exercised throughout the Sea and the shore lying about it under the sole command of the English and will but compare it for so many Revolutions of years with those so long broken and divided Dominions upon the opposite shore of France and with the late addition of the Sea-Coast to the Kingdom of France according to those things which have been alreadie spoken about it It is clear that there are no Testimonies before our time concerning any Dominion of this sea belonging to the King of France Nor are there any in our time except certain Lawyers who speak of it either by the By or in a Rhetorical flourish onely not in a way of asserting it by strength of Arguments Of these things I have spoken alreadie in the former Book where also other matters are alleged of special observation which confirm what is handled in this particular But now let us add hereunto that the very French Historians both of the past and present Age do affirm that in antient times the Kings of France therefore either had no Admirals at all or els that they were constituted now and then onely as occasion required becaus they had no Empire over the Sea as Tilius saith expresly in the place above-mentioned In vain therefore doth Popellinerius reprehend those Historians in saying it is fals becaus Normandie Picardie and Flanders were heretofore under the French Dominion For not to mention this that the Kings of France reigned a long time without the possession of Normandie and Flanders and reteined not any other shore besides that of Picardie as appear's by what hath been alreadie shewn and by the frequent Testimonie of Historians and the consequence doth not appear to bee good that they had any command over the Sea becaus they were in possession of som Sea-Coast no more truly than it may bee concluded that a man is Lord of a River in France becaus hee hath Lands lying by it whereas by received Custom according to the Law of France the King is Owner of all Rivers that are Navigable where they belong not to som subject by a particular prescription of possession or som other title besides the possession of the adjacent Land as the Custom is not unusual also in other places But as to what concern's the Qualitie of this Maritim Government among the French it is to bee considered that as every one of the more eminent Offices or Governments hath a peculiar place in their high Court of Parlament and that according to the nature of the Government as it chiefly respect's any Province or Government within the limits of the French Dominion as the Constable the Grand Escuyer or Master of the Hors the Grand Master and others yet the Admiral of France hath no place at all upon that account As it was determined in the time of Henrie the second when such a place was plainly denied to Gaspar Collignie Admiral of France as hee was Admiral or had the Maritim Government but it was granted him as Governor of the Isle of France as they call it under the King For by the title of Admiral hee had no Government in Chief within the limits of the Kingdom but becaus beeing Admiral of the Fleets and Sea in the aforesaid sens which is out of the King's Dominion hee exercised Jurisdiction over Persons and Affairs onely upon the Accompt of the Sea therefore in this respect hee was to bee denied any place For which caus likewise it came to pass as it seem's that those four distinct Admirals before-mentioned have in like manner also a Government of Provinces from which they are wont to bee denominated as wee understand by these passages alreadie cited out of Choppinus and others that write of this matter So they that have any principal command within the limits of the Kingdom that is within the shores of France do enjoie an equal privilege with the other more eminent dignities of the Realm Moreover also the Regulation of those Rivers whereof the King of France is Lord are not under the Admiral 's Government but under the special charge of those
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
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
worthie of observation that this kinde of Letters were usually superscribed and directed by our Kings to their Governors of the Sea Admirals Vice-Admirals Sea-Captains to wit the Commanders appointed by the King to take care of his Territorie by Sea whereas notwithstanding wee finde no mention at all of any such Commanders in those Passports of that kinde which were granted heretofore by the French King to the King of England when hee was to cross over into France Letters of that kinde were given to our Edward the second by King Philip the Long superscribed onely thus Phelip par la grace de Dieu Roy de France A touz noz Justiciers subgies salut Philip by the grace of God King of France To our Judges and Subjects greeting But the reason is evident why the K. of England was wont to direct his Letters to his Commanders of the Sea and the French King at that time onely to his Judges and Subjects in general To wit becaus the King of England had his Sea-Commanders throughout this whole Sea as Lord of the same and therefore when hee crost over it was not reasonable that the French K. should secure him by Sea it beeing within the bounds of the English Territorie And yet the King of France might perhaps have an Admiral at that time but onely upon the shore of Normandie and Picardie For that of Aquitain Bretaign and Narbonne were not as yet added to the patrimonie of that Crown And it was about that time or a little before that they are placed who are first ranked in the Catalogue of the Admirals of France But of later time it is true indeed that in those Passports or Letters of safe Conduct which have been granted even by the French King and other Princes bordering upon the Sea Admirals are usually named in express terms among the other kindes of Roial Officers to the end that they to whom the Passports are granted may bee secured in every place and part of their Dominion But as touching the English Command over such as pass or sail through their Sea there are many other Arguments taken as wee shall shew by and by from the manner of our King 's prescribing limits to such as sail in this Sea as also from those passages which wee have alreadie cited out of Records concerning the Tributes or Customs imposed by the English upon such as passed through the Sea And truly it is very considerable also that the Kings both of Denmark and Sweden together with the Hans-Towns very often and earnestly begg'd of Queen Elisabeth that they might have free passage through the English Sea with Provisions towards Spain during the Warr betwixt her and the Spaniard I know indeed that such a Licence was denied them not onely in respect of the Dominion of the Sea but chiefly to prevent the conveying of Provisions to the Enemie For which caus also divers Ships belonging to the Hans-Towns laden with Corn were taken by English men of Warr in the very Streights of Lisbon without the Sea-Territorie of England which went by the Scotish Sea and the West towards Portugal which was don doubtless that they might not presume to use the English Sea without the leav of the Queen But the Hans-Towns cried out thereupon that the Laws of Nations Commerce and Leagues were violated becaus their ships were so taken by the English onely upon this account that they carried Provisions to the Enemie that is in a Territorie where the English did not in the least pretend to any Dominion And concerning this particular there is a notable Question controverted by very Learned men How far they that are not enemies or would not bee called enemies may by the Law of Nations afford supplies unto an enemie But som years before the taking of these ships when the Hamburgers who in the name also of the rest of the Hans-Towns desired leav to pass through this Sea to Portugal and Spain were more than once denied any kinde of libertie to transport either Corn or Warlike necessaries they did not at all suggest that their Petition at that time was grounded upon the Law of Nations or Commerce nor that the Queen's denial was contrarie to this kinde of Law That is to say they were by her first Answer enjoined to abstein from transporting Arms with other Warlike Necessaries and Corn but saith the Queen in transporting other commodities wee shall not hinder you at all but shall with all favour permit the ships of your Subjects to abide and pass after the accustomed manner that they may perform their Voiage This Answer they did not seem to take amiss But two years after they sent into England Sebastian à Berghen their Ambassador with Petitionarie Letters desiring that the Exception in the Licence formerly granted might bee taken away and a freedom to transport all kindes of Merchandise permitted Their Petition was denied again and this moreover added That such as should presume to do the contrarie should for their bold presumption suffer the loss of all their Goods and Merchandise so carried against her Majestie 's will and pleasure if they fell into the hands of her Men of Warr or any other of her Majestie 's Subjects Thus they ever addressed themselvs by Petitions and the Queen gave Answers according to her pleasure They did not so much as pretend the Laws of Nations or of Commerce before that they understood their ships were seised in another Sea to wit that of Portugal which they conceived free for themselvs by the Law of Nations and Commerce without leav from the Queen of England Then it was they began to plead that Libertie ought not by any Law to bee denied even these men who but som years before had humbly Petitioned the Queen of England more than once for free passage through the English Sea So that that principal point as som would have it of the Law of Nations that relief ought not to bee conveyed to Enemies by a Friend was not onely the ground either of the Hans-Town's Petition or the Queen's denial but her right of Dominion by Sea was concerned also which the Hans-Towns well knew they should violate if they should pass the Queen's Seas without her leav Hereunto for the same reason those particulars relate which wee finde concerning this matter in those points that were to bee insisted on in the year MDXCVII by Witfeldius and Bernicovius Ambassadors from Christiern the fourth King of Denmark to the Queen of England Wee were say they strictly enjoined by our King to mediate with her Majestie that our Countrie men may bee permitted a freedom to transport Corn or Provision towards Spain even as wee have don formerly and do now again with all earnestness desire especially since it is supposed that the same Licence of transporting Corn is granted somtimes both to English and Dutch that our Countrie-men may not bee used in a wors manner than your own
were newly designed to cross over into Bretaign that they might bee arm'd and set forth in the King's service The Title of this Commission is De Navibus arrestandis capiendis For arresting and seizing of ships The Form of it run's thus The KING to his beloved Thomas de Wenlok his Serjeâ—nt at Arms Lieutenant of our beloved and trustie Reginald de Cobham Admiral of our Fleet of ships from the mouth of the River Thames towards the Western parts greeting Bee it known unto you that wee have appointed you with all the speed that may bee used by you and such as shall bee deputed by you to arrest and seiz all ships Flie-Boats Barks and Barges of ten Tuns burthen and upward which may happen to bee found in the aforesaid Admiraltie that is in the Sea reaching from the Thames mouth toward the South and West and to caus the Flie-Boats Barks and Barges aforesaid to bee well and sufficiently arm'd and provided for the warr by the Masters and owners of the same and to bring them speedily so provided and arm'd to Sandwich except onely the ships that are order'd for the passage of our beloved and trustie Thomas de Dagworth and his men that are bound for Bretaign so that you bee readie there in your own person together with the Ships Flie-Boats Barks and Barges aforesaid so well provided and fitted for the warr upon the Saturday next before the Feast of the Apostles Simon and Jude next ensuing at the farthest to go thence upon our Command according to such direction as shall then on our part bee given to the Masters and Mariners of the aforesaid Ships Flie-Boats Barks and Barges and to take sufficient Provision for the enabling of you to do the premises in such places as you shall see most convenient except onely Church-Land you making due paiment for the same and also to seiz and arrest all those that you shall finde to oppose or resist you in the execution of the premises and them to commit into our Prisons there to abide till wee shall think fit to take farther order c. All Officers also in the said Admiraltie are commanded to yield obedience and assistance upon the same occasion The usual subscription in that Age shewing the Original Autoritie of the Commission was By the King himself and his Council But that the aforesaid Sea it self was conterned under the name of the Admiraltie is clearly manifest by what wee have alreadie shewn you And King Edward the third used his antient Right as other Kings of England did also therein as well as in the Ports themselvs or Shores of England for there are innumerable examples of the staying of all Ships whatsoêver by the King's Command in Port or Shore But that which hath been alleged about the staying of Ships and Listing them for the King's Service you are alwaies to understand it was so don according to equitie that competent Pay was to bee allowed them answerable to the proportion of Tuns and also to the number of Sea-men that were so taken into emploiment Touching which particular there are several Testimonies also to bee found in the Records of Parlament 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 CHAP. XXI AS a freedom of passage so also wee finde that a libertie of Fishing hath been obteined by Petition from the Kings of England There is a clear Testimonie hereof in that which was alleged before out of the Records of Parlament concerning those Tributes or Customs that were imposed in the time of Richard the Second upon all persons whatsoëver that used Fishing in the Sea Moreover it appear's by Records that Henrie the Sixt gave leav particularly to the French and very many other Foreiners for one whole year onely somtimes for six Months c. to go and fish throughout the Sea at all times and as often c. But this leav was granted under the name even of a Passport or safe conduct yea and a size or proportion was prescribed to their Fishing-boats or Busses that they should not bee above XXX Tuns And it is true indeed there was a kinde of consideration or condition added that som others who were subjects of the King of England might in Fishing enjoy the same securitie with Foreiners Which was for this caus onely put into the Licence that if the Foreiners did disturb or molest them they should lose the benefit of their Licence The words of that consideration or condition in the beginning of those Licences run after this manner To the end that the business of the Herring-fishing and of other Fish may bee advanced continued and mainteined for the publick good yea and that the like securitie may bee yielded and afforded to som certain Fisher-men under our obedience I suppose that those certain Fisher men under our Obedience were also the French who at that time continued in subjection to the English whereas almost all in France except the Shore of Picardie had newly revolted from the King of England That is to say at the latter end of the reign of Henrie the Sixt. But that which wee finde either here touching equal securitie or in other places somtimes also about the giving of safe conduct even to the Fishermen of England by Licence granted either to French or Flemings or Bretaigns that usually hapned when the heat of War was over a Cessation agreed on to treat of Peace or Amitie In the mean time securitie of that kinde was given on both sides now and then by agreement But by the King of England as well in respect of his beeing Lord of the place as his beeing a partie that was treating about a League or Amitie By others upon this account onely not upon that unless you understand the question to bee about the use of Ports and Shores For so no man denie's but these were Lords as well as hee Moreover also in our time leav was wont to bee asked of our Admiral for French-men to fish for Soles in the neighboring Sea for King Henrie the Fourth of France his own Table as it is affirm'd by such as have been Judges of our Admiraltie and Commanders at Sea of an antient standing yea and that the Ships of those French were seized as trespassers upon the Sea who presumed to fish there without this kinde of Licence But in the Eastern Sea which washeth the Coasts of Yorkshire and the neighboring Counties it hath been an antient Custom for the Hollanders and Zelanders to obtein leav to fish by Petition to the Governor of Scarbâ—rough Castle situate by the Sea-side in the Countie of York and this for very many years past as is affirmâ—d by that learned man M r Camden speaking of those Coasts It is worth the while saith hee to note
Town and others who shall bee willing to com to the said Town for the benefit of Fishing to fish and make their own advantage with Ships anâ— Boats under thirtie Tuns without any let or impediment any Prohibitions or Commands of ours made to the contrarie in any wise notwithstanding as wee have said â—itness the King at the Tower of London August X Which was in the 11 th year of the Reign of Edward the Third or of our Lord MCCCXXXIX But if any heretofore undertook the protection of the Fisher-men in this Sea without leav of the English they were to bee seized and imprison'd as Invaders of the Right of Dominion and to expect to bee dealt with accordingly for the injurie don to the King of England This is evident also in the Records of our K. Edward the Fourth For hee erected a Triumvirate or invested three Persons with Naval Power whom the Records call Custodes Conductores Waftores Guardians Conductors and Waftors whose Office it was to protect and guard the Fisher-men upon the Coasts of Norfolk and Suffolk To the end therefore that the expences of the Guard might be defrayed by the Fisher-men and all others whatsoëver bee excluded from medling with this kinde of Guard or protection hee appointed four men by name Sir John Hemingham Knight William Hopton Edmund Yve and John â—ansfleet Esquires as well say the Records themselvs to over-see those Guardians Conductors and Waftors as to give notice to all Fishermen of what Countrie soêver they bee who shall desire to fish in the Parts aforesaid under the protection of the said N. N. that those Fisher-men and everie of them do contribute to all and all manner of Costs Charges and Expenses belonging to the same Guardians and Conductors in the time of fishing and charge all such Costs Charges and Expences according to a proportion and to levie and collect those Costs Charges and Expences out of this kinde of Fishings belonging to the Fisher-men aforesaid wheresoêver they may bee found As also to arrest and apprehend all others except the afore named who presume or attempt to becom Guardians Conductors or Wastors and to commit them to our next Gaol there to bee kept safely and securely till wee shall take order for their deliverie In the very same words almost to the same purpose wee finde divers Letters Patents of King Henrie the Seventh yea and of Richard the Third save that in the form hereof after those words charge all such Expences according to a proportion this considerable Claus here is inserted Although the same Fishermen whether any one or more of them may have had Letters of safe Conduct from any other King Prince or Governor of any Kingdom whatsoëver So that by the received and usual Custom the Charges of the Guard were to bee defraied by the Fisher-men of this Sea at the pleasure of our Kings though they might have had Letters of publick security and protection from any other Princes Nor were any other persons to bee admitted to a partnership in this kinde of Guard except those that were appointed by the King of England lest by this means perhaps it might derogate from the English Right Which is a manifest sign or evidence of the Dominion and Possession of the place 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 privilege of perpetual truce or exemption from hostilitie in the Sea about those Isles which lie before the shore of Normandie CHAP. XXII Promontoriorum series Rumbi Leucae Ad the Sowter in Phoenicem S. S. E. 17â…“ Ad Whitby in Notapeliotem S. E. 12 Ad Flamborough head in Notapeliotem S. E. ½ versus Austrum 8 Ad the Sporne in Phoenicem S. S. E. versus Apeliotem 13â…“ Ad Cromar in Meleuâ—um S. E. and by E. 24â…“ Ad Minterton nes in Hypophoenicem S. E. and by S. 4. Ad Caster-nes in Phoenicem S. S. E. 21 13 Ad Layestof in Austrum S. 3¾ Ad East-nes in Austrum S. ½ versus Occidentem 1â…š Ad Orforth-nes in Mesolybonotum S. and by W. 6â…™ Ad North-foreland in Austrum S. â…“ versus Oâ—â—identem 15â…™ Ad South-foreland in Austrum S. 6â…“ Ad Dunge-nes in Notolybicum S. W. ¼ versus Austrum 7 Ad Beach in Africum W. S. W. ¼ versus Austrum 13 Ad Dune-noze in Africum W. S. W. ¾ versus Occidentem 24 â— â— Ad Portland in Hypafricum W. and by S. vers Austrum 161 12 Ad the Start in Africum M. S. M. â…• in Occidentem 18â…” Ad the Ramme in Occidentem M. ¼ versus Boream 6½ Ad the Dudman in Africum M. S. M. â…™ versus Occidentem 8½ Ad the Lizard in Africum M. S. M. â— â—â— versus Austrum 9 Ad the Landsend in Caurum M. N. M. versus Boream 7 Ad Milford in Boream N. â…” versus Orientem 31â…” Ad S. Davids head in Boream N. ½ versus Occidentem 5½ Ad Beardsie in Hypaquilonem N. and by E. â…› vers Orieâ—tâ—m 12â…™ Ad Holy head in Boream N. â…™ versus Occidentem 9 Ad Monam in Hypaquilonem N. and by E. â…• versus Boream 26 Here you see very large spaces of Sea intercepted somtimes for above ninetie Miles for three English miles here go to everie League whereby those Chambers or Sea-Closets are made But wee finde the management of that business concerning these Chambers at the time of the aforesaid Proclamation set forth after this manner in the subscription of the twelv men that were sworn and added to the aforesaid distances and courses of sailing Wee whose names are subscribed beeing called before the Right Honorable Sir Julius Caesar Knight Judg of his Majestie 's High Court of Admiraltie and there beeing inrolled admitted and sworn for the describing of the limits and bounds of the King's Chambers Havens or Ports in their full extent do by these presents make answer and to the best of our knowledg and understanding declare that the said Chambers Havens or Ports of his Majestie are the whole Sea-Coasts which are intercepted or cut off by a streight line drawn from one point to another about the Realm of England For the better understanding whereof wee have made a Table concerning that business whereto wee have annexed this our Schedule shewing therein how one Point stand's in a direct line towards another according to that Table Given the fourth day of March Anno Dom. 1604. and in the second year of the Reign of our Soveraign Lord King James c. And then in the Schedule there follow the names of the twelv men who were all persons of very great knowledg in naval or Maritim Affairs So the spaces within the streight lines drawn from one point to another are the Chambers or Ports of the King of England
who beeing Lord in like manner of all those parts of the Sea as farre as the opposite Shores or Ports whilst hee commanded a keeping of the peace within these Creeks or Closets did as Arbiter permit those that were in amitie with him but enemies among themselvs to make prize of one another in the rest of the Sea yet not without som qualifications or restrictions added concerning the use of the more open part of the Sea And truly the Spaniards alleged afterward that themselvs ought to bee protected from hostilitie also without these limits in the more open part of the Sea and that by virtue of the agreement of peace whereby the Kings of Spain and England were obliged to protect one another's subjects in all parts of their Kingdoms which is as much as to say that the rest of the Sea flowing between com's no less under the name of the Kingdom of England And this appear's also from the dispute held by their Advocate in England about the protection of the Territorie by Sea against the Hollanders who mightily exclaimed as hee saith that they should bee intercepted and staid by the King's Officer at Sea with the prize that they had taken from their enemies the Spaniards That it was an unjust violence that beeing disturbed and spoiled they ought to have reparation made them and to bee beard against those Spaniards who beeing prisoners were discharged with the goods that were taken But that the King of England might justly give the Spaniards protection against the Hollanders in the British Sea either within or without those limits hee plead's after this manner You see saith hee how fâ—r the Dominion of the King of England stretche's toward the South North and West The Northern Coasts of Britain having no Countries lying against them are washed by the main and open Sea And the Southern Coasts of Ireland are bounded upon Spain the Western upon the Indian Countries under the Dominion of Spain And so the Jurisdiction of our King by Sâ—â— is of a mightie vast exteâ—t Nor was it restrained or beâ—â—en'd by that subsequent Proclamation of the King the same above mentioned whereby certain limits were appointed beyond which the King declared the power of his Territorie should not bee extended in these Acts of hostilitie betwixt the Spaniards and Hollanders But it 's said that the Hollanders were intercepted by the Officer without these limits Also according to the Articles of Peace lately agreed on betwixt our King and the King of Spain they ought to protect one another's Subjects in all places throughout their Dominions â—nd therefore both ought to give protection throughout that immens Jurisdiction For there are limits founded upon right and there are limits by compact or agreement And an argument taken from the one doth not conclude against the other And here wee are to follow the limits of right concerning which certainly the articles of Peace and Agreement ought to bee understood Becaus the other Bounds beeing set afterward were not then in imagination But the autoritie of the Proclamation extend's not to things past Certain it is that Laws and Constitutions do give a Beeing to future businesses and are not to bee recalled unto things don and past Nor is this a Declaration of the King 's right therefore the more easily to bee admitted made in the Proclamation but a disposition and law wholly new For a Declaration induceth nothing new and changeth nothing But this Proclamation would change much seeing the power of the King's Territorie extend's it self much beyond those limits now constituted To this an Answer may bee given also which is acknowledged by all that a Declaration is of no force to another's prejudice which here might bee don to the ship that was intercepted for which right was sought according to common Custom and also according to the special agreement of the peace that those Princes should suffer no violence to bee don to one another's Subjects in their Territories And it is much more strong in respect of that express article of the Treatie for that it could not bee meet to take off from the full force of the Contract which would now bee lessen'd notwithstanding if it were granted that the Territorie is solessen'd within which onely our King might protect the Spaniards Moreover it hinder's not which is objected that these limits which are now expressed in the Proclamation were observed long before by long Custom in Controversies of this nature For to omit those most difficult things which are deliver'd in proving the Custom certainly the intent of our King in the Contract of peace seem's not to have had respect unto that Custom if any there hath been or also unto the Statute which is alleged here to bee antient For neither are those things common and understood by the other Prince in amitie nor perhaps by our King himself to wit matters of fact in his new Kingdom All which things I thought â—it to add here out of Albericus Gentilis becaus they belong not onely unto these Limits Creeks or Roial Chambers in the Sea but to the Dominion of the whole British Sea And truly Gentilis was ill understood by Joannes Gryphiander who discoursing at large concerning Sea-Affairs allegeth the place before-cited out of him in so brief a manner as if by that Proclamation of King James his Jurisdiction had been restrained simply to those limits The Jurisdiction of England sâ—iâ—h Gryphiander by Sea although it bee extended to the South North and West yet by a Proclamation of James the present King it is circumscribed by certain limits in the Sea Hee quote's Albericus Gentilis for his Autor But truly the King had no intent in that Proclamation that his Jurisdiction should bee circumscribed simply by those Limits but onely in relation to the acts of hostilitie at that time betwixt the Spaniards and Hollanders hee beeing Lord and Moderator of the British Sea for ever as well as his Predecessors which is sufficiently manifest out of the Proclamation it self out of Gentilis Nor indeed is it easily to bee conceived from whence that special and perpetual privilege of Truce or Freedom from hostilitie had its original which the inhabitants of Jersey Garnsey and the other â—sles lying before the shore of Normandie do enjoy even in this very Sea though war bee between the Neighbor-Nations round about unless it bee derived from this Sea-Dominion of the Kings of England Concerning that privilege Master Camden beeing well inform'd by antient Testimonies speak's after this manner in brief By an antient privilege of the Kings of England here is as it were a perpetual Truce and though a war bee on foot yet the French and others have a libertie to com hither to and again without danger and use Commerce securely But wee finde the same more at large in som Kings Patents expressed thus concerning Jersey that in time of war Merchants of all Nations
and others as well Strangers as Natives Enemies as well as Friends may freely lawfully and without peril go unto pass to and fro and frequent the said Isle and the places upon the Coasts thereof with their Shipping Merchandise and Goods as well for shelter from foul weather as upon any other their lawful occasions and there to use free Commerce and Traffick and to abide with safetie and securitie and to com away thence and return at pleasure without any damage trouble or hostilitie whatsoëver in their Affairs Merchandise Goods or Bodies and that not onely near the Island and places aforesaid upon the Coasts and their Precinct but also within the spaces distant from them as far as a man may ken that is so far as the sight of the eie can attain And this is called a privilege which you see extend's so far into the Sea it self as the sight of the eie can pierce from the shore And if so bee this privilege did not proceed from the Kings of England as they are Lords both of the Sea and the Isles and by the same right that the Isles themselvs belong to them as hath been said before it cannot in reason bee imagined from whence it had its original There is not so far as wee know so much as a pretence of a Grant made by any other Princes But onely by the Kings of England who unless themselvs were Lords of the whole Sea flowing about by what Title and Autoritie did they ordein such a Truce so far within the Sea on every side between enemies of all Nations whatsoëver that came unto those Islands But as our Kings have very often commanded that all manner of persons should ceas from hostilitie not onely within the aforesaid Creeks but also throughout the spaces extended thence at pleasure into their Territorie by Sea so in like manner they indulged the like kinde of privilege for ever throughout these Coasts of the French shore that all manner of persons though enemies to one another might securely sail to and fro as it were under the wings of an Arbiter or Moderator of the Sea and also freely use the Sea according to such spaces or limits as they were pleased at first to appoint Which without doubt is a clear evidence of Dominion Certain publick Records wherein of old the Dominion of the Sea is by the way asscribed to the Kings of England both by the King himself and also by the Estates of Parlament debating of other matters and that in express words and with verie great deliberation as a known and most undoubted Right CHAP. XXIII I Shall next of all cite several publick Records which are kept in the Tower of London wherein the Dominion and possession of the Sea is by the way expressly asserted as belonging to the King of England and that both by the King himself as also by the Estates of the Parlament of England as they were debating about other matters For that is the sixt head of the former Division King Edward the third intitle's himself and his Predecessors Lords of the whole Sea flowing round about in the several Commissions given to Geoffry de Say Governor or Commander of the Southern and Western Sea and John de Norwich of the Northern the limit of distinction beginning as it was usual at the Mouth of the Thames out of which Records wee here set down theform which is especially to bee consider'd so far as it make's to this purpose The KING to his Beloved and Trustie Geoffry de Say Admiral of his Fleet of Ships from the Mouth of the River Thames toward the Western parts greeting Whereas Wee have of late commanded you by Our Letters that you together with certain Ships out of the Cinque-ports which wee have order'd to bee furnished and made readie for war according to our Command should set forth to Sea to oppose and resist certain Gallies provided and inforced with men of war in divers forein Parts which as Wee were inform'd were set out towards the parts of our Dominion to aggriev Us and Our people or els to turn their cours toward the Coasts of Scotland for the relief and succor of our Enemies there And in regard it hath been related by som that Gallies of that kinde to the number of XXVI are newly com to the Coasts of Bretaign and Normandie and do still abide there as it is supposed to do what mischief they can against Us and Ours or to succor Our said Enemies as is aforesaid Wee calling to minde that OUR PROGENITORS THE KINGS OF ENGLAND have before these times been LORDS OF THE ENGLISH SEA ON EVERIE SIDE yea and defenders thereof against the Invasions of Enemies and seeing it would very much grieve Us if our Kingly honor in this kinde of defens should which God forbid bee lost in our time or in any sort diminished and desiring with God's help to prevent dangers of this nature and provide for the safeguard and defens of the Realm and our Subjects and to restrain the malice of our Eenemies Wee do therefore strictly require and charge you by the duty and Allegeance wherein you stand bound according to the special trust reposed in you that immediately upon sight of these presents and without any farther delay you do set forth to Sea with the Ships of the Ports aforesaid and the other Ships which are now readie and that you arrest the other Ships in obedience to our command which Wee lately requir'd you to arrest But so that they might bee readie and provided to set forth according to Our aforesaid Command seeing Wee caused the Masters and Marriners of the same Ships to bee prepared and gather'd together whether they were within your Liberties or without and to caus them beeing well provided of men of war and other necessaries to hasten out to Sea with the aforesaid Ships and that with all diligence you make search after the aforesaid Gallies and other Ships of War abroad against us and stoutly and manfully set upon them if they shall presume to bend their cours for the end aforesaid toward the parts of Our Dominion or the Coasts of Scotland And if they steal away from you so that you cannot meet with them then you are with the aforesaid Ships of our Fleet without any delay to follow after the same Gallies and Ships of War set out against Us if they shall make towards our Kingdom or the Coasts â—f Scotland aforesaid and courageously to destroy them for the conservation of our Royal honor But yet Wee will not that you occasion any hurt or hindrance to Merchants or others passing by Sea who have no intention to offend Us and our Subjects or to succour our Enemies Then follow 's a power to press Seamen and som other matters of that kinde The day also and Autoritie is subscribed after this manner Witness the King at the Town of S t John the sixteenth day of August By the King himself and
his Council The like Commission was at the same time and by the same time and by the same Autoritie given to John de Norwich Admiral of the Northen part In the preferring of a certain Bill also in Parlament which was the voice of the Estates of the Realm in the reign of the same Edward wee finde that hee was usually accounted and styled King or Soveraign of the Sea by all Nations The words are qe XX ans passez toutdiz adevant la Navie de dit roialme estoit en touz portz bones villes sur mier sur riviers si noble si plentinouse qe touz les pais tâ—noâ—ent appelloyenâ— nostre avantdit Seignieur LE ROY DE LA MIER tout son pays dotoyent le pluis per mier per terre per cause de la dite Navie c. Which beeing translated out of the old Norman speak's to this effect That the English were ever in the Ages past renowned for Sea affairs in all Countries near the Sea and they had also so numerous a Navie that the people of all Countries esteemed and called our King the King or Soveraign of the Sea There is likewise a notable Testimonie touching this business in the Parlament-Records of Henrie the Fifth where the tenor of the Bill ran as was usual after this manner Item priont les Commens que per lou nostre tressoverain seigneur LE ROY ET SES NOBLES PROGENITORS DE TOUT TEMPS ON T ESTE SEIGNEURS DEL MEER ore par lâ— grace de Dieu est venuz que nostre dit seigneur le Roy est seigneur des costes d' ambeparties del meer d' ordeigner sur touts estrangers passants per my le dit meer tiel imposition al oeps nostre dit seigneur le Roy à prendre que à luy semblera resonable pur la sauvegarde del dite meer That is to sâ—â— Item the Commons do pray that seeing our Soveraign Lord the King and his illustrious Progenitors have ever been Lords of the Sea and now that through Gods gtace it is so com to pass that our said Lord the King is Lord of the Shores on both sides of the Sea such a tribute may bee imposed upon all Strangers passing through the said Sea for the benefit and advantage of our said Lord the King as may seem agreeable to reason for the safeguard of the said Sea The Answer subscribed to this Bill was Soit avise par le Roy that is let the King himself bee advised of it For the King resided in France at that time beeing Lord of that Countrie by Inheritance and Conquest and Humphrey Duke of Glocester was President of the Parlament beeing then Keeper or Lieutenant of England by whom as the King's Deputie this kinde of Answer was usually given to Bills as often as an assent to them was delaied but when the King was present in person le Roy s' advisera the K. will advise served in stead of an Answer from antient down to the present time in such Bills as were not passed into Acts. That is to say in those Bills to which the Lords and Commons had given their assent before that is the Estates of the Parlament of England which is here especially to bee considered For most certain it is that according to Custom no Answer is given either by the King or in the King's name to any Parlamentarie Bills before that the Bill whether it bee brought in first by the Lords or by the Commons hath passed both Houses as it is known to all that are verst in the Affairs and Records of Parlament And when the name of either of them is left out in the draught of the Bill as the Lords are in that before alleged it was wont to bee supplied as it is also at this day by the brief form of Assent which is added by that Hous to whom the Bill is sent and transmitted For that Hous which first prefer's it transmit's it to the other who either give 's an assent or reject's it And when both Houses have so given their assent then after a while either the King give 's his assent whereby it becom's an Act or Law or els hee laie's it aside and as I have alreadie shewn take's time to advise Neither of which is ever don by the King according to the cours of Parlament till both Lords and Commons have first given their assent But the whole form of the afore-mentioned Bill which is full of all kinde of storie concerning things transacted in Parlament is taken out of the very Schedules annexed to the Bill wherein the Forms of this kinde of assent were wont expressly to bee added and register'd according to antient Custom among the Records of Parlament in the very same words wherein it was at first exhibited no express mention beeing made of the assent both of Lords and Commons which is annexed to the Body of the Form for the assent of both sufficiently appear's in that according to the cours of Parlament it was so presented to the King and the Kings assent onely or intent of deliberation beeing added by way of subscription as I have shewn But most of those Schedules annexed to that kinde of Bills which relate to the more antient times are lost whereas notwithstanding the Records wherein they were wont to bee register'd have been carefully preserved in the Tower for above CCC years All which wee thought meet to mention here to the end that in the Bill before alleged out of the Parlamentarie Records of Henrie the fift these three things may bee observed which make very much to the point in hand First that the Estates in Parlament according to the Custom of their Ancestors that is to say both Houses of Lords and Commons beeing well-informed of the matter perhaps by som antient Testimonies whereof wee are bereft by the injurie of time did with one consent affirm it as a thing unquestionable that the King of England is Lord of the Sea As it appear's also in that former Record which relate's to the Reign of Edward the third for both the Bills are placed alike in the aforesaid Records Secondly that the Sea whereof they speak is the whole that flow's between France and England For they say in express terms that King Henry beeing Lord of the Sea was at that time Lord des costes d ambâ—parties del meer that is of the Coasts or Shores on both sides of the Sea or those that include the Sea on both sides which cannot bee understood of any other or greater Sea than of that which was mentioned there immediately before And so it is in plain terms to bee taken of that whole Sea Thirdly that those Estates did not question but that Tributes might bee imposed by autoritie of Parlament upon all strangers whatsoëver wheresoëver they pass through this Sea as well as Customs in Port And that they did not at all conceiv that a Bill ought
to bee presented touching that business unto the King as hee was at that time King of France but onely as King of England that is as Lord of the whole Sea flowing between And it is very improbable and not in reason to bee admitted that they would so upon deliberation for both Lords and Commons use to debate such matters a long time before they pass a Bill that they would I say so upon deliberation require an imposing of Customs by the Act of an English Parlament in a place that was not subject as a part of the Roial patrimonie to the King of England as King of England From hence it was also that our present King Charls did this last year declare that himself and his progenitors the Kings of England have in all times hitherto by an antient and most just title been Lords of this Sea to wit in his Letters Patents sent to the Maritim Counties of England whereby ship-monie was imposed for the defence of his Dominion by Sea Add moreover hereunto that in the agreement made betwixt our Edward the first and Guie Earl of Flanders about the wearing of Colors or Flags in every ship and punishing offendors by Sea William de Leyburn is called Admiral de la mier du dict Roy d Engleterre or Admiral of the Sea of the said King of England Other Testimonies of the same kinde there are in Records touching the Dominion of the Sea as it hath been received and acknowledged according to the Common Law and Custom of our Countrie which I shall discours of in the next place and after that concerning the Testimonie of Foreiners Of divers Testimonies in our own Law-Books and the most received Customs whereby the Sea-Dominion of the King of England is either asserted or admitted CHAP. XXIV THE seventh of those Heads according to the former Division which manifest the aforesaid Dominion of the Kings of England relate's to our Law-Book's and the received Customs therein which prove it from the most antient times There are also in them many Particulars that may relate hereunto which are explained now and then touching the Guard of the Sea the English Admiraltie and other things alreadie handled But in this Chapter wee shall use either the determinations and Commentaries of our own Lawyers or chiefly such Court-Records as explain their opinions I confess indeed in som of the Authors of our Law who wrote above CCCL years ago or thereabout after they had as the manner then was read through the Civil Law also they were so strict in following those determinations word for word which they found concerning the Sea in that Law that when they treated de acquirendo Rerum Dominio of the manner of acquiring the Dominion of things they tranferr'd them into their own writings From thence it is that Henry Bracton who was a very famous Lawyer at the later end of the reign of Henrie the Third saith Naturali jure communia sunt omnia haec aqua Profluens aër Mare litora Maris quasi Maris accessoria By the Law of Nature all these things are common running water the Aër and the Sea and the shores of the Sea as accessories or dependants of the Sea Also aedificia si in mari five in litore posita fuerint aedificantium sunt de Jure gentium If Buildings bee raised in the Sea or upon the shore they becom theirs that build them by the Law of Nations And a little after Jus piscandi omnibus commune est in portu in fluminibus a Right of fishing is common to all in a Haven and in Rivers Which wee finde likewise in som other of our Law-Books of that Age as a passage that fell from som Writers of whom I spake at large in the former Book that were more affected than was meet with the words of Ulpian and Justinian in the general division of things But these very men in other places shewing the Customs of our Countrie do sufficiently admit the King's Dominion by Sea For Bracton himself afterward speak's of them that by the King's grace and favor quieti sint de Theolonio consuetudinibus Dandis per totum regnum Angliae in terrâ mari per totum Regnum tam per terram quà m per mare Were exempted from paying Tolls and Customs throughout the whole Kingdom of England in the Land and in the Sea and throughout the whole Kingdom both by Land and by Sea And in the same King's time a freedom from som paiments was granted to the Citizens of London per totum Regnum tam per mare quà m per terram throughout the whole Kingdom as well by Sea as by Land And so Bracton when hee return's to speak of the Customs of our Countrie acknowledged that the Dominion of the Sea belong'd to his King no less then the Land And hence it came to pass also that inter Capitula Coronae as they call them that is to say those Articles or chief Heads whereof enquirie was to bee made according to the usual custom by Judges delegated throughout England for the conservation of the publick peace wee finde this also de Purpresturis factis super Dominum Regem sive in Terrâ sive in Mari c. Of Pourprestures made upon our Lord the King either on Land or in the Sea or in sweet waters either within the Libertie or without or in any other place whatsoëver And it is placed among the Articles of this kinde recited by Bracton himself and in the Autor of the Book called Fleta But in the language of the Law wee call those things Pourprestures whereby detriment is don to any publick place belonging to the Patrimonie of the Crown as a publick thorow-fare a River and the like So that according to the nature of this ordinarie Article touching Pourprestures in the general form of enquirie the Dominion or Ownership of the Sea is ascribed to the King no less than of the Land or of publick Road or thorow-fare and River agreeable hereto is that Article about any kinde of salt-waters beeing inclosed by any subject or possessed in any other manner which in the antient Records of our Court of Admiraltie is said to bee don to the disherison of the King The words are there Item soit enquis de ceulx qui acrochent à eulx eaves salees en desheretison du Roy. And at this day enquirie is wont to bee made about that business by Autoritie of the high Admiral Robert Belknap also an eminent Judg in the time of Richard the Second saith that the Sea is subject to the King as a part of his English Kingdom or of the Patrimonie of the Crown His words in the Norman tongue run thus Le Mere est del ligeans del Roy come de son corone d' Angleterre Hee added to his words in a remarkable way as belonging to the Crown of England or as belonging
to the Royal Patrimonie of England to the end that no man might question whether the Sea belong'd to his King by the Right of the Kingdom of England or of the Dutchie of Normandie or of any other Province in France Another also who wrote in the time of Henrie the Eighth saith it hath been received by antient custom that it is a dutie lying upon the King of England as Lord of the British Sea to scour the Sea of Pirates and to render the use thereof as of a publick Road or Thorow-fare whose soil is within his Patrimonie safe for Shipping For hee expresseth himself in English thus The King of the ould Custome of the Realme as the Lord of the narrow Sea is bound as it is said to scoure the Sea of the Pirates and petit robbers of the Sea So much also as to what concern's Dominion is without controversie admitted by our Lawyers of later time And it appear's by publick Records conteining divers main points touching which the Judges were to bee consulted for the good of the Common-weal in the time of King Edward the Third that the King's Sea-Dominion which they called the antient superioritie of the Sea was a matter out of question among our Lawyers of that Age. But consultation was had for the more convenient guarding of it For the whole Bench of Judges were advised with to the end so wee read it in the Records and that is especially to bee observed which wee finde here about the first beginning of the Naval Laws of the Isle of Oleron seated in the Creek of Aquitain at the mouth of the River Charente that the form of proceeding heretofore ordained and begun by Edward the first grandfather of our Lord the King and his Council at the prosecution of his Subjects may bee resumed and continued for the reteining and conserving of the antient superioritie of the Sea of England and the Autoritie of the Office of Admiraltie in the same as to the correcting expounding declaring and conserving the Laws and Statutes long since made by his Predecessors Kings of England for the mainteining of Peace and Justice among all people of what Nation soëver passing through the Sea of England and to take cognisance of all attempt to the contrarie in the same and to punish Offenders and award satisfaction to such as suffer wrong and damage Which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the holy Land interpreted declared and published in the Isle of Oleron and named in French le ley Olyroun Here you have it declared as a thing most received and certain that the King of England hath by antient right been Lord of the Sea of the same name or that which flow's about it But that whereof the Bench of Judges were to consult was onely about the orderly maintenance of this right Nor is it truly a small sign of this Dominion that Richard the First King of England beeing in the Isle of Oleron which hee possessed as seated in his own Sea not so much for that hee was Duke of Aquitain as King of England whereof wee have alreadie spoken did as sole Ruler and Moderator of Sea-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
Sea from the Law of Nations denie a Dominion and wrest other things by way of Argument out of the Writers of the Imperial Law which are clearly contrarie to our English Right as also to the Intervenient Law of Nations which hath continued in force for so many Ages about the Dominion of the Sea Either I say the same must bee said of them or els that they did not so much make choice of Arguments which they thought were true to serv the present occasion as of such that might seem to have the greater force and autoritie among those Civil Lawyers with whom they were in Treatie Nor is it a new thing that Civilians should speak of a natural and perpetual communitie of the Sea even where it is most certain that a Dominion thereof is admitted from all Antiquitie in the very Territorie wherein they themselvs are comprehended as I have formerly declared There are also very many Rights among us belonging either to the Exchequer or to such as enjoy the Right of the Exchequer by Grant from the King which som conceiv to bee grounded upon that Sea-Dominion whereof wee discours As the confiscation of Goods derelict in the Sea and of som of the greater sort of Fish as Wale-Fishes Sturgeons and others And for the most part that of the Satyrist hold's good Quicquid conspicuum pulchrúmque ex aequore toto est Res Fisci est ubicunque natat Goods in the sea of any worth and note Belong to th'Chequer wheresoëre they flote Besides wreckt goods cast out ashore when no living creature belonging to the ship remain's alive But these things do not onely appertain to him that is Lord of the Sea but somtimes also to others in other Nations And they for the most part depend either upon the Law or Custom of som Land as in the case of Goods cast ashore or of such as are found and imported or els upon a Right over such Persons as shall first possess them as in the case of any Goods whatsoâ—ver derelict or found in the Sea and others of that kinde Therefore I thought it not meet to draw those things here into Controversie Som antient Testimonies of less account touching the Sea-Dominion whereof wee Treat CHAP. XXV But his intent is earnestly to perswade the English that it is their main interest diligently to guard the Sea whereof the Kings of England are Lords and to defend it with all their might as the perpetual prop and support of their Empire Hee saith also that the same advice was given by the Emperor Sigismund at his enterview with our Henrie the Fifth for the procuring of on peace betwixt him and Charls the Sixth King of France Give mee leav to set down his words The true processe of English policie Of utterward to keep this region Of our Englond that no man may denie Nor say of sooth but it is one of the best Is this that who seeth South North East and West Cherish merchandise keep the Admiraltie That we be Masters of the narrow See For Sigismund the great Emperour Which yet reigneth when he was in this lond With King Henrie the fift Prince of honour Here much glory as him thought he found A mightie land which had taken in hand To warre in France and make mortalitie And ever well kept round about the See And to the King thus he said My brother When he perceivaed two towns Calys and Dover Of all your towns to chuse of one and other To keep the Sea and soon to com over To werre outwards and your reign to recover Keep these two towns sure and your Maâ—estie As your tweyne eyne so keep the Narrow See For if this See bee kept in time of warre Who can here passe without danger and woâ— Who can escape who may mischief differre What marchandie may for by be agoe For needs hem must take trewes euery foe Flanders and Spaine and other trust to me Or else hindred all for this Narrow See What is conteined more at large in these Rhythmes you have the sens of it contracted above in few words It is not worth while to render the words themselvs The same Versifier also proceeds thus But King Edward made a siege royall And wanne the town and in speciall The Sea was kept and thereof he was Lord Thus made he Nobles comed of Record Wee have also divers other very large Domestick Testimonies of this thing which are added in the next place beeing mingled together with the antient Recognition or acknowledgment of forein Nations concerning the same That the Sea-Dominion of the Kings of England is acknowledged by Foreiners whom it most concern's 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 CHAP. XXVI WEe are com now to Foreiners And it is clearly evident by what wee have discoursed before either touching the limits set for Navigation by the King of England or the Licence of passage through this Sea often desired by Petition that som of them have indeed acknowledged this Dominion But there are two Testimonies more notable than the rest which shew if you consider chiefly as you ought their beeing Neighbors and such whom it concerned that they generally did the same The one is the usual striking of the Top-sails by every Ship of any Forein Nation whatsoêver if they sail near the King's Navie or any Ship belonging to the same Navie in the Sea The other is a Libel published of old or a Bill of complaint instituted wherein very many forein Nations heretofore in the time our Edward the First did all together and by common consent with the English acknowledg the Dominion of the Kings of England by Sea Whereto I shall add also a particular declaration of that kinde made by the Flemings in an Ambassie to our Edward the Second But that the striking of Sails is don not onely in honor of the English King but also in acknowledgment of his Soveraigntie and Dominion in this Sea is I suppose a thing out of question Certainly the French cannot doubt of it who by such a kinde of striking would have had themselvs heretofore acknowledged Lords of our Sea but in vain That is to say they were as much over-seen in the former Age in setting forth two Edicts or Ordinances to require and ratifie such a kinde of striking Sail to themselvs by all Foreiners as they were in so rashly vindicating the Sea-Dominion of the King of England Concerning those Edicts wee spake before in the former Book Neither of which was received as valid in any Court of Justice according to a decision made in the supreme Court of Parlament which wee have observed also in that place Yea and here I shall set down the very words used by Ludovicus Servinus Advocate general to the King of France to magnifie the Autoritie of those Edicts or Ordinances at
a Prohibition made by the King of England and proclaimed according to the intent of the aforesaid third Article of the Treatie throughout his Dominions that is to say a Prohibition which forbade a giving any relief to the French King's enemies within the Dominion of the King of England and so endeavored to defend himself before the Commissioners it was alleged to bee don to the great damage and prejudice both of the King of England and of the Prelates Peers and all the rest who jointly preferr'd the Bill as aforesaid Therefore they all with one consent pray that the persons so imprisoned beeing set at libertie and restitution made of the Goods injuriously taken they might bee refeâ—red to the Jurisdiction of the Admiral of England to whom alone this kinde of Jurisdiction both in respect of Things and Place as well as Persons did appertein and that by order of the Commissioners Reyner Grimbald himself might bee enjoined to repair the losses of the Complainants in case hee wore able to make satisfaction or otherwise that the King of France who gave him Commission for that Command might bee adjudged to do the same But after reparation made that then also the said Reyner might receiv such punishment for violating the League as might deter others from the like attempt in time to com Now what was don by the Commissioners is not very well known It seem's it was a matter of such moment that it was thought more convenient to make an end by agreement than bring the matter to a trial But in the mean time nothing is more evident than that a right of Dominion over the Sea and that antient and confirmed by long Preseription was in express terms here acknowledged by almost all the Neighbor-Nations to belong to the King of England and so that hee might at his own pleasure give protection and set Laws and Limits to all that sailed through this Sea and used it in any manner whatsoever nor could this kinde of Right bee altered or diminished by the differences of the Neighbor-Nations between each other or by any Right of war belonging to others otherwise than in any other Territorie of his Dominion And it is to bee observed that the Flemings themselvs betwixt whom and the French there was a war on foot at that time were not nor could they rightly have been parties in that Charge or Accusation For by virtue of the aforesaid League made between the English and French they were to assist one another by Arms to defend each other 's Rights so that according to the League the French King was permitted to use the Sea to infest the Flemings beeing his enemies but not to intercept such as passed this way from any other Nations or that were bound with Merchandise for Flanders And Paulus AEmilius speaking of this very time saith The French King threatned ruine to Flanders The King of England protected the Flemings For Edward was so far onely a friend of the King of France that yet hee would not have the Flemings ruined Thus our King order's the matter both as a Defender of his own Right and supreme Moderator also of Navigation in respect of others Nor truly is it to bee omitted that Grimbald himself here beeing Governor of the French Navie did not onely arrogate this power in this Sea from the Autoritie granted him by his King's Commission but in express terms also made use of that Prohibition of the King of England which was in force according to the Third Article of the said League thereby to defend himself as if hee had also acknowledged that himself could not have lawfully held that office of Admiraltie in this Sea without such a Permission as hee conceived himself to enjoy by virtue of that Prohibition For by that Prohibition it was required that no relief should bee given to the French King's Enemies nor any aid afforded them within the Dominion of the King of England that is per my son poere which were the very words of Grimbald as you may see in the Libel it self set down hereafter And so Grimbald expressly objected the Autoritie of that Prohibition together with the power of his Master's Commission in defence of himself As if hee had said I use this power it beeing given mee by the King of France who put mee in Command over his Navie and Affairs belonging to the Sea But besides this the King of England having set forth his Prohibition commanded that no kinde of relief should bee given to any Enemie of the French within his Dominion according to the League made between both the Kings And therefore seeing I have not taken either the Persons or Goods of any but such as are Enemies or at least such as according to the Intervenient Law of Nations are to bee reckoned upon an hostile Account for doubtless hee pretended that they were to bee taken as Enemies of what Nation soêver they were who relieved the Flemings by Merchandise or otherwise I conceiv it a sufficient ground of defence in my behalf that the King of England according to the League made did by publick Proclamation require that no succor or relief should bee given to the Enemies of France in any part of his Dominion Upon which account not to these whom I took at Sea The summe of all in brief is this That Grimbald did not so much as imagine that his office of Admiraltie or Power given him by Commission depended upon any Dominion of the King of France by Sea but altogether upon the Autoritie of his Kings Commission the League and the King of England's Prohibition As if the English King had openly declared by that League and Prohibition that hee would not take it for any injurie to himself during that kinde of League and Prohibition although the French should fall upon any of their Enemies in his Dominion or though they which is all one here should bee taken in his Sea by the French King's Officers Certainly unless you so understand Grimbald I do not see wherefore he should at all join that Prohibition together with the King his Master's Commission in defence of himself as it is expressed in the Libel or why mention was made there of the Dominion of the King of England throughout which that Prohibition was proclaimed seeing the controversie arose touching things don onely by Sea But if hee bee so to bee understood certainly then hee did not onely forbear to oppose the antient right of the King of England by Sea but also sufficiently acknowledged it while hee seem's to affirm that a temporarie restriction onely was added thereto by an accession of the League and the Prohibition So that wee have a tacit acknowledgment even of the French themselvs at that time in this their Admiral But how the principal points of the League ought to bee expounded it is no place here to discours for wee observ onely that the Sea Dominion of the Kings of England was acknowledged in
that Libel by so many Nations Moreover truly it is worthie observation that about the very same time to wit a little before the making of the League the King of England did homage to the French King for the Dutchie of Aquitain the Earldom of Pontois and other Provinces that hee held in France that hee was also wholly deprived of them som time before by decree of the Parlament of Paris yea and that about one hundred years before King John was outed of Normandie and yet afterward that the King of England now and then regained a possession of it and that before the time of the League and of the publication of this Libel which serv all to this end that wee may observ that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain and the absolute Dominion thereof was asscribed by so many Nations upon a Title derived time out of minde to the King of England and his Predecessors yet in the mean time no title at all was pretended in right to their possession either of Normandie or Aquitain whereupon a Dominion of any part of the Sea might in any sort bee grounded but claimed upon the sole right of the English Empire And it appear's evident by the thing it self that the things complained of by those Nations in the Libel were don by that Governor of the French Navie chiefly in the Sea near the shores of France and Flanders which were in hostilitie with each other And so certainly they all unanimously affirm that the whole Sea whereof they speak is under the Dominion of the King of England and that upon the sole Account and right of the English Empire And as for Grimbald hee did not defend himself either by a pretence of any Dominion of the King of France or by disproving of that Prescription whereupon the English Title depend's as a thing not declared according to Truth or antient Right nor did hee at all pretend that the Right which the Kings of England had in the Sea borde ring upon France did belong to them either upon the account of Normandie or any other French Province whatsoêver as Fiduciarie Clients or Vassals of the King of France though it had been convenient and very seasonable for him to have alleged all these Particulars if the Truth had been so indeed Whereby also that is not a little confirmed whereof wee discoursed before about taking the names of the shore over against us in the later Commissions of the Office of high Admiral of England for limits onely of the Sea-Dominion of the Kings of England and of the Province thereof under their protection Moreover also about seven years before the exhibiting of the aforesaid Libel to the Commissioners when as the King of France by reason of divers heinous injuries don to his Subjects by the English in this Sea required that the King of England as hee was the Fiduciarie Client or Vassal becaus of Aquitain and other Provinces that hee held under him in France should bee questioned not onely for wrong don but also for his right to those Lands which hee held and bee summoned to appear in the Parlament of Paris the matter beeing set down at large in the Letter of Summons hee inserted nothing therein whereby hee might seem to arrogate any Sea-Dominion at all to himself or diminish that which belong'd to the King of England as you may see in I lorilegus who hath set down an entire Copie of them in his Annals The same Autor also speaking of the same Time saith At that time there was neither Lord nor Law over the Sea men but what every man was able to catch or snatch hee called his own which plainly denote's an extraordinarie Licence or of Depredation and infesting the Sea yet so to bee understood that in the mean time the incomparable power of the English in Shipping which guarded their Dominion by Sea according to the Custom of their Ancestors was chiefly signified thereby the King very freely permitting his Subjects to use depredations by Sea as long as the war continued For Florilegus himself relate's that great numbers both of French and Spaniards were then taken at Sea by the English Yea and about that time Thomas of Walsingham write's that either a French or Norman Navie of two hundred Sail which roved about this Sea to rob the English were overcom by a Fleet of sixtie English Ships and brought into England There is also another antient Autor of the same time when these affairs were acted who saith That in the Month of May MCCXCIV there fell out a Quarrel between the Sea-men of the Cinque-Ports of England and the Sea-men of France and it was determined by a fight at Sea wherein the English with a Fleet of one hundred Sail took two hundred Ships of France and drowned or killed almost all the Sea-men of France for which caus Philip King of France endeavored to take away Gascoign from the King of England Others there are likewise that have other expressions touching these things whereby it is easie to collect what is meant by that of Florilegus when hee saith that there was neither Lord nor Law over Sea-men at that time that is to say the King of England had let the reins loos to his Subjects as Moderator of this Sea and this hee did that they might not onely restrain his enemies but them also that should reliev his enemies in any manner whatsoêver or that should use the Sea otherwise than at his pleasure who was Lord thereof But as concerning the like acknowledgment made singly and apart by the Flemings of the Dominion of the Kings of England over the Sea I shall Treat by and by after that I have in the next place set before you the Libel it self in its own that is the Norman Tongue as it stand's recorded in the Tower of London A Copie or Transcript of the Libel or Bill of Complaint mentioned in the former Chapter CHAP. XXVIII IN the Archives of the Tower of London where Records of above four hundred years are kept there is a bundle of Parchments which contein som affairs relating to the times of Henrie the Third and of Edward the First and Third The first contein's an agreement made between Edward the First and Guy Earl of Flanders touching their Ships bearing of Colors about this Sea to the end that they might bee the more easily known Then there are annexed three either Originals or Copies of the said Libel written at the same time For as it seem's the several Procurators of those Nations that were parties in the Complaint had their several Libels though expressed in the name of all together So that one is endorsed thus De Baiona as if that Libel had been exhibited singly by the men of Bayonne but the title run's thus De Superioritate Maris Angliae Jure Officii Admirallatûs in eodem
THERE IS NO MEMORIAL TO THE CONTRARY HAVE BEEN IN PEACEABLE POSSESSION OF THE SOVERAIGN LORDSHIP OF THE SEA OF ENGLAND AND OF THE ISLES WITHIN THE SAME with power of making and establishing Laws Statutes and Prohibitions of people as well of other Dominâ—â—ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right aâ—d Iustice to high and low according to the said Laws Staâ—uâ—es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of aâ—â—â—al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iudâ—â—â—nâ— aâ—d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying Sâ—â—ps otherwise furnished and â—et forth thâ—â— Merchant-men use to bee aâ—d in all other points where a man may have reasonable caus to suspect them of Robbery or other â—…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all Aâ—â—ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judiâ—aâ—ure are very seldom set down in Historiâ—â— But wee understand by the French Historie that this Griâ—bald was Govâ—â—â—or of the French Navie at the very same time Paulus AEmiliuâ— writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa â—ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Reginâ—rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left
as a River or Brook must bee conteined under the same Jurisdiction as an entire Bodie with the Land therefore somtimes mention is made also of this kinde of Sea flowing in as of a Sea reckoned within the Jurisdiction Current of the Sea of the opposite shores as for example of the Sea Flanders or as I finde it in som antient Manuscripts which seem to bee the Originals of certain Letters of King Henrie the Fift to the Earl of Carolois and to the Governors of Ypres Gaunt and Bruges deins la Jurisdiction l'estrem de la meer de Flandres within the Jurisdiction and stream of the Sea of Flanders which is all one For setting aside the Sea so flowing in or making an in-let or harbor before the opposite shore all that which remain's or the Sea flowing between those opposite Countries and England was ever esteemed to bee of the English Dominion according to what I have formerly shewn So that a late Writer doubtless was in a dream when upon the repairing of the Dock at Mardike hee write's that hee saw the Empire of the British Sea restored to the King of Spain And so I have don with this point touching the Declaration and acknowledgment of the Sea Dominion of our Kings made by those Forein and Neighbor-Nations who were most concerned in the Business Of the Dominion of the King of Great Britain in the Irish and Western Sea consider'd singly and apart by it self CHAP. XXX I have alreadie spoken in general of the English or British Sea which is a part of the Patrimonie of the Crown of England but chiefly as it lie's either East or South It rest's now that wee treat of the Western as also the Scotish and Northern and in a word of the whole British Sea that remain's It is evident to all that part of the Western Sea lying before England is understood as well in that Libel which was exhibited by so many Nations to the Commissioners deputed by the Kings of England and France above three hundred and thirtie years ago wherein wee so often read le mer d' Angleterre or the sea of England as in the King 's Commission-before mentioned wherein our Kings are expressly-declared Lords of the English Sea on every side and therefore I shall forbear to repeat what is cited out of Bracton about the Essoyning or excusing of a man absent in Ireland and other things of that kinde alleged before which make to this purpose Moreover also wee read every where that all the Isles in this neighboring Sea were called British as wee observed at the beginning of this Book just as if the narrow Seas flowing between like Rivers or turnings of Rivers did disjoin those Banks or Shores from great Britain as Fragments of the same Whereby it appear's that the narrow Seas themselvs with the Isles even as Rivers with their Banks are to bee reckoned a part of the British Territorie And hereunto especially relate's also that expression in the Libel so often cited to wit that the Kings of England have ever been Lords both of the English Sea or of the British so far as it stretcheth before England and also of the Isles situate therein par raison du Royalme d' Angleterre by right of the Realm of England So that the Isle of Man which as Giraldus Cambrensis saith stand's in this Sea in the very midst betwixt the Northern Parts of England and Ireland was if I understand any thing reckoned of old among the Land-Provinces of England even as the Isle of Wight Lundie and others of that kinde Nor doth it seem to bee understood otherwise by those men of antient time who upon occasion of a dispute whether this Isle ought by right to bee taken for an appendant of England or Ireland beeing placed in the midst of the Sea flowing between determined the controversie on this manner They brought venemous serpents and observing that the Isle did entertain and cherish them as well as England and the rest of great Britain but on the contrarie that Ireland destroied them it was concluded saith Giraldus Cambrensis who lived under Henrie the Second by the common censure of all that it ought to bee ascribed unto England For if they had so thought the Territorie either of Ireland or England as it consisted of Land and Sea to bee dis-joined from this Isle of Man that they had conceived the Sea lying between either common to all men or by antient right subject to other than the Kings either of Ireland or Britain they might seem to have raised a very ridiculous Controversie For I suppose the Question could bee no other than touching the bounds of England or great Britain and Ireland But that a Question about bounds may bee admitted between Owners that are Neighbors where the Territories of both are not continual or contiguous is beyond my understanding It is well said by Paulus that if a publick Thorow-fare or publick River intervene which belong's to neither of the neighboring Owners an Action cannot bee brought upon that Title of the Law Finium Regundorum And truly after that Quintus Fabius Labeo beeing appointed Arbiter by the Senate betwixt the Nolans and Neapolitans about the bounds of a Field had so craftily perswaded both of them to retire backwards apart from each other that a portion of the Field was left in the middle which hee adjudged to the people of Rome there could not any Controversie arise farther between them about the bounds of this Field becaus there ceased to bee any confine betwixt them But if any Question arose afterwards they were both to contend with the people of Rome Even so it is to bee conceived of that Question to which of the two Countries the Isle of Man ought by Right to bee ascribed it arising chiefly upon this ground becaus it lay in the midst between the Territories belonging to Ireland and Britain and at the confine of both For by an Argument drawn from the nature of the very soil onely without a civil consideration of Dominion though they would have here the very nature of the soil to bee the evidence thereof as a Lot for decision it ought no more to bee ascribed either to Britain or Ireland than to Norway Spain or France where every man know's that venemous Creatures are bred as well as in Britain Therefore to bee ascribed to England or Britain in that antient Decision is so immediately to bee annexed to the British Territorie that the Isle of Man may truly and in a civil sens bee called a Land-Province of England or Britain seeing the English Territorie is so continually extended as far as its Western Coasts that which bend's Westward from the very Confine beeing ascribed to Ireland And therefore Queen Elisabeth's Commissioners let fall those words too unadvisedly in the Treatie held at Bremen with the Danish Commissioners about free Navigation and Fishing in the Norwegian
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
write's that Leo made a change against reason of Law And here especial care must bee taken to avoid that which som have presumed to affirm touching those most excellent Books of Justinian which make up an entire Bodie of the antient Law That the Law prescribed in those Books is not the Law onely of a Citie but even of Nations and nature and that the whole is so fitted unto nature that after the Empire was extinct though the Law was a long time buried yet it rose again and spread it self through all the world And therefore that it concern's even Princes although it was framed by Justinian for private persons As if the law natural and of Nations were to bee derived onely out of those Books For not to mention how that not onely very many Decrees and Custome's introduced in the Romane-Germane Empire it self and other places abroad have extremly alter'd many things conteined in those Books but also that wee finde divers Kings both of Spain and France have somtimes heretofore prohibited the use of them in any kinde within their Courts of Justice there are truly som things in the very Law of the Nations of Europe who receiv those Books and that upon very good ground both into their Schools and Courts so far as the particular Laws of their Kingdoms will permit I mean in their Law Common or Intervenient which are not grounded at all upon the Law of Justinian but have had their original from Customs quite contrarie thereto Prisoners of war are not now made slaves nor are the Laws concerning captivitie or Remitter upon return from Captivitie touching the persons of men in any use at all which notwithstanding take up a Title in the Digests Ships driven by wrack upon a Shore do by the Law of Justinian which is confirmed also in the Roman German Empire belong either to the former Owners or as things relinquished and unpossessed to the first Finders nor doth the Exchequer interpose any Claim whereas nevertheless according to the Law of divers Nations intervenient to themselvs and their Neighbors it bee most certain that those Ships are very often confiscated according to the varietie of Custom As among the English the Britains Sicilians som Borderers upon the Shores of Italie and others And although it bee accounted crueltie by som to persue profit upon so sad an occasion as it was also by the Emperor either Constantine or Antoninus who made a Law thereupon yea and though besides the Decree of the Lateran Councel the Bull Coenae Domini do blast those every year with Excommunication that plunder the goods of such as suffer Shipwrack in any Sea upon any pretence of Law or Custom whatsoêver yet the Custom of confiscation in this case derived not its Original from the rude and barbarous Ages but it flowed first from the most antient Maritim Laws of the Rhodians which were in use among the Grecians in their flourishing condition as shall bee shewn by and by and from thence was received by divers Princes Also when the Emperor's Ambassador as Bodin saith made complaint before Henrie the second King of France that two Ships beeing driven a Shore were seized by one Jordanes Ursinus and demanded a restitution of them Annas of Momorancie Master of the Hors made Answer that all things which had been cast upon Shore did by the Law of all Nations belong to such Princes as have commanded the Shores So far hath Custom taken place in this particular that Andraeas Doria did not so much as complain about those Ships that were cast upon the French Shore and made prize by the Admiral of France So far hee In like manner Whales and other Fish of extraordinarie bigness do not according to the known Law of England Portugal and other Nations belong to him that first seizeth them but either to the Exchequer or which is all one to such as the Prince shall grant a Royaltie of that nature Other instances might bee brought sufficiently to shew that the Law natural and of Nations is not wholly to bee drawn out of such Decrees or Determinations as are found in the Books of Justinian And so that what is there inserted touching a Communitie of the Sea doth not in any wise diminish the Autoritie of the received Customs of so many Ages and Nations But it is to bee observed that the Sea is said in those Books to bee common as the Aâ—r and as wilde Beasts are common As if indeed the neighboring Aâ—r it self could not pass into private Dominion as well as a River that is possels'â— and wilde Beasts that are taken Moreover those Antients do ordinarily conjoin a communitie of Shores and Ports not unlike to that which they teach of the Sea As if the very reason of the Dominion of Ports and Shores as they belonged either to the people of Rome or which is all one here to the Prince himself were not manifestly drawn as wee have expressly shewn alreadie out of Celsus from the Imposts and Customs which are frequent enough both in the Shores and Ports of the â—oman Empire and in the Books of Justinian as in many other places For as the paiment of that Tribute which is called Solarium à Solo and thence by the Greek Lawyers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for an hous that is built upon the ground of the Common-weal or the publick ground was a sufficient Argument that the Common-weal or the Prince was Lord of the Soil so indeed also the Custom paid for the use of Ports manifested that there was the same kinde of Dominion over Them Also Ports themselvs are rightly supposed to bee a part even of the Continent as appear's in another place Moreover also Justinian appropriated the Hellespont to himself in such a manner that hee would not permit Merchants and Sea-men to enjoy a freedom of that Sea and the Ports but at an extraordinarie rate if wee may believ Procopius who was his comtemporarie and wrote his Affairs Nor did they imagine there was any difference betwixt the Dominion of the Sea and that over the Land or People who about 400 years since put this Inscription upon the Monument of the Emperor Frederick the second Qui Mare qui Terras Populos Regna subegit Who subdued the Sea the Land Nations and Kingdoms To wit in the Cathedral Church of Palermo in which place notwithstanding the Imperial Law flourished at that time as well as in the rest of the Roman-German Empire The sum of all is that those antient Lawyers do deliver many things carelessly touching this matter not onely such as thwart the most received Customs of Nations through almost all Ages but such also as do sufficiently contradict one another especially whilst they join the Shore it self and consequently the Ports together as it were in an equal state of Communitie So that they are equally
been by them deliver'd Just in the same manner as if a man should so discours upon Aristotle's Astronomie or the opinion of Thales touching the Earth's floating like a Dish in the Sea and that of the Stoâ—cks of its encompassing the Earth like a Girdle with that of the Antients concerning an extreme heat under the Equinoctial and other opinions of that kinde which are rejected and condemned by the observation and experience of Posteritie that hee might seem not so much to search into the thing it self as to represent the person of the Autor thereby to trace out his meaning onely for the discovering of his opinion But as the root beeing cut the Tree fall's so the Autoritie of those antient Lawyers beeing removed out of the way all the determinations of the modern which are supported by it must bee extremely weakned Now therefore as to what hath been formerly alleged out of Fernandus Vosquius it is grounded upon such Arguments as are either manifestly fals or impertinent For what is this to the purpose That the Sea from the beginning of the world to this present day is and ever hath been in common without the least alteration as 't is generally known Whereas the quite contrarie is most certainly known to those who have had any insight into the received Laws and Customs of Ages and Nations That is to say that by most approved Law and Custom som Seas have passed into the Dominion and partrimonie both of Princes and private persons as is clearly made manifest out of what hath been alreadie shewn you Moreover also hee would have prescription to ceas betwixt Foreigners in relation to each other and not to take place in the Law of Nations but in the Civil onely so that by his Opinion prescription should bee of no force between those as between two supreme states or Princes who are not indifferently subject to the Civil Law which admit's prescription then which not any thing can bee said or imagined more absurd Almost all the principal points of the Intervenient Law of Nations beeing established by long consent of persons using them do depend upon prescription or antient Custom To say nothing of those Princes whose Territories were subject heretofore to the Roman Empire and who afterwards became absolute within themselvs not onely by Arms but also by prescription which is every where admitted among the Laws of Nations whence is it that Prisoners of war are not now made slaves among Christians unless it bee becaus that Custom began to grow out of date som Ages since upon a ground of Christian brotherhood and by prescription ratified betwixt Nations Whence is it that the ransoms of prisoners are to bee paid som to the Princes and som to the Persons that take them As for instance when the ransom is not above ten thousand Crowns it goe's to him that took the Prisoner when it exceed's it is to bee paid to the Prince Becaus saith Nicolaus Boërius if it exceed as when any one hath taken a Duke a Count a Baron or any other great man then it belong's to the Prince and so it is observed in the Kingdoms of France England and Spain It hath by prescription of time been observed among Princes and so it became Law And truly to deny a Title of prescription wholly among Princes is plainly to abrogate the very intervenient Laws of Nations As for those other things mentioned by Vasquius concerning Charitie and the inexhaustible abundance of the Sea whereby hee make's a difference betwixt Rivers and Seas and other things of the like nature they have no relation at all to the point of Dominion as you have been sufficiently told alreadie In the next place wee com to the other to wit Hugo Grotius a man of great learning and extraordinarie knowledg in things both Divine and Humane whose name is very frequent in the mouths of men every where to maintein a natural and perpetual Communitie of the Sea Hee hath handled that point in two Books in his Mare Liberum and in that excellent work De Jure Belli pacis As to what concern's Mare Liberum a Book that was written against the Portugals about trading into the Indies through the vast Atlantick and Southern Ocean it contein's indeed such things as have been delivered by antient Lawyers touching communitiâ— of the Sea Yea and disputing for the Profits and Interests of his Countrie hee draw's them into his own partie and so endeavor's to prove that the Sea is not capable of private Dominion But hee hath so warily couched this subject with other things that whether in this hee did hit or miss the rest howsoëver might serv to assert the point which hee was to handle Moreover hee discourseth about the Title of Discoverie and primarie occupation pretended to by the Portugals and that also which is by Donation from the Pope And hee seem's in a manner either somtimes to quit that natural and perpetual Communitie which many Civil Lawyers are eager to maintein and hee himself in order to his design endeavored to confirm or els to confess that it can hardly bee defended For concerning those Seas that were inclosed by the antient Romans the nature of the Sea saith hee differ's from the Shore in this that the Sea unless it bee in som small part of it self is not easily capable of Building or Inclosure And put case it were yet even this could hardly bee without the hindrance of common use Nevertheless if any small part of it may bee thus possessed it fall's to him that enter's upon it first by occupation Now the difference of a lesser and a greaâ—er part cannot take place I suppose in the determining of private Dominion But in express words hee except's even a Bay or Creek of the Sea And a little after saith hee Wee do not speak here of an Iâ—-land Sea which in som places being streightned with Land on every side exceed's not the breadth even of a River yet 't is clear that this was it the Roman Lawyers spake of when they set forth those notable determinations against private Avarice But the Question is concerning the Ocean which Antiquitie called immense Infinit the Parent or Original of things confining with the Aër And afterwards hee saith The Controversie is not about a streight or Creek in this Ocean nor of so much as is within view when one stand's upon the shore A little farther also speaking of Prescription hee saith It is to bee added that their Autoritie who are of the contrarie opinion cannot bee applied to this Question For they speak of the Mediterranean Sea wee of the Ocean They of a Creek or Bay wee of the broad and wide Sea which differ very much in the point of Occupation And certainly there is no man but must conceiv it a very difficult thing to possess the whole Ocean Though if it could bee held by occupation like a narrow Sea or a Creek or as
of Excester And in those daies it was usual to procure King's Letters commonly called in the language of the Law Protections whereby Privilege and exemption from all suits was granted to those that were emploied in this kinde of Guard or Defence of the Sea or that spent their time super salvâ custodiâ defensione Maris For the safeguarding and defence of the Sea as the form of the words hath it which wee frequently finde in the Archives Moreover in the Acts of Parlament of the same King's Reign mention is made of the safeguarding of the Sea or de la saufegard de la mier as of a thing commonly known and for which it was the Custom of the English to make as diligent provision as for the Government of any Province or Countrie And in the twentieth year of the same King the Commons preferr'd a Bill that a strong and well accomplished Navie might bee provided for the defence of the Sea becaus It is thought fit be all the Commens of this Land that it is necessarie the See be kept Verie many other passages there are to the same purpose Geoffrie Chaucer who lived in the time of Richard the Second and was a man verie knowing in the affairs of his Countrie among other most elegant and lively characters of several sorts of men written in the English Tongue describe's the humor of an English Merchant of that time how that his desire above all things is that the Sea bee well guarded never left destitute of such protection as may keep it safe and quiet Which hee speak's to set out the whole generation of Merchants in that age whose custom it was to bee sollicitous for traffick above all things and consequently about the Sea it self which would not afford them safe Voyages did not the Kings of England as Sovereigns thereof according to their Right and Custom provide for the securitie of this as a Province under their Protection The words of Chaucer are these His reasons spake hee full solemnely Shewing alway the encreas of his winning Hee would the See were kept for any thing Betwixe Middleborough and Orewel Orewel is an Haven upon the Coasts in Suffolk Middleborough is in Zealand The whole Sea that floweth between Britain and Zealand the English Merchants would have secured this they were wont solemnly and unanimously to pray for knowing that the Sea was part of the Kingdom and the Protection of them part of the dutie of the Kings of England For as concerning any Protection herein by any forrein Princes any farther then in their own Harbors or at the most within the winding Creeks between those Islands which they possessed upon the Coasts of Germanie or Gallia Belgica there is nothing as far as wee can finde to bee gathered from any Testimonies of former Ages In the succeeding Ages likewise there is frequent mention of this kinde of Guard Defence and Government of the same Sea as will hereafter more fully appear when wee com to speak of Tributes and of the tenor and varietie of the Commissions given to our Admirals But now it is to bee observed that both the name and nature of this Guard is very well known not onely by the use of the word both in the Imperial and Canon Law wherein it denotes that the Guardian ought to take a diligent care of that thing whereof hee is owner who doth either lend it or commit it to his over-sight but also by the common and obvious use which the English make of the same word in other Offices or Governments For in those daies of old when the title of Guardians or Wardens of the Sea was more usual there were appointed Wardens of the Ports even as at this day there are Wardens of the Counties who are those Commanders of Counties called Sheriffs and in the usual form and tenor of their Writ have custodiam comitatûs the Guard or Defence of the Countie committed to their charge Wardens or Keepers of the Marches or Borders Keepers of Towers or Castles Parks Houses and the like Yea and the Lord Lievtenant of Ireland was especially in the time of King John and Henrie the Third styled usually Warden or Keeper of Ireland and his Office or dignitie commonly called the Keepership of Ireland after the same manner as John Duke of Bedford and Humphrey Duke of Glocester whom Henry the fift during the time of his absence in France deputed to govern the Kingdom of England by turns were called Custodes Angliae Keepers of England as wee very often finde both in Histories and Records So Arthur Prince of Wales was made Keeper of England while Henry the seventh was beyond the Seas So Piers Gaveston was keeper of England while Edward the second remained in France So were others also in like manner The Governors also of the Islands of Jarsey and Garnesey and the rest that are situated in this Sea who now are styled Governors Keepers or Captains were in antient times called onely by the name of Guardians or Keepers This then beeing so what reason have wee to think that our Ancestors did not use the same Notion of Guardian or Keeper and of guarding or keeping in the name of the Guardian and the Guard of the Sea which they were wont to use in the Guard and keeping of the Island and in the other dignities or offices before mentioned Doubtless in all these the peculiar Dominion and Soveraigntie of him that conferr'd the Dignities is so clearly signified and included that his Dominion or Ownership of the thing to bee kept and guarded as well as Autoritie over the person dignified is plainly implied in this Title Nor is it to bee omitted that in antient times before the autoritie of the high Admirals of England was sufficiently established by our Kings and setled so distinct that the Command and Government of the Sea did belong onely to them the Governors or Keepers of the Provinces whom wee call Sheriffs of the Counties by virtue of their Office had also som Custodie or Command of part of that Sea which adjoined to their respective Provinces as of a part of the Kingdom of England Which truly to let pass other proofs is sufficiently evident by this that many times in those daies they who by the Common Law of the Land were wont as at this day to put in execution the Commands of the King in those places onely that were committed severally to their charge and custodie did do the same also in the Sea it self as well as in any Land-Province belonging to him from whom they received their autoritie For by virtue of their ordinarie power derived from the King and such as was founded upon the very same right by which they held the Government of the Countie or Province they did oftentimes remove the King's Ships and Fleets from one Port to another by Sea as through the Territorie of the Province that was committed to their
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