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.
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
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
oppose the Dominion of the King of England by Sea CHAP. XVIII THat there were Admirals also constituted by the French King upon the opposit Shore of France is known to everie man And as there is an Admiral appointed in Gallia Narbonensis to over-see maritim Affairs there so also on the opposite Shore there are distinct Offices of the Admiral of Aquitain Bretaign and Normandie and the adjoining Coasts But the French Lawyers of late are wont to call their Admiral in Latine Praefectus Maris Governor of the Sea as if the Sea were subject to him also as a Governor whereas notwithstanding if the thing bee rightly consider'd that Government of the Sea by what name soëver it bee called doth not signifie as among the English any Dominion of one having command in any nearer part of the Sea for wee speak not of the Sea of Marseille which hath no relation hereunto but onely of their Naval Forces in any Sea whatsoëver together with the Government of the Sea-men and Jurisdiction over their persons and moveables which may fall under the determination of a Judg pour raison ou occasion as they say de faict de la mer that is by reason or upon occasion of any suit or controversie arising about Sea-Affairs For the more plain understanding whereof wee must make farther enquirie In the more antient times there were indeed Admirals or Governors of Sea affairs among the French yet so that their Writers do not a little differ about the original of the dignitie They for the most part say that Rotlandus is found to have been Governor of the Sea of Aremorica or Bretaign under Charlemaign whom they fetch out of Eginhartus who wrote the life of Charls at that time But in Eginhartus he is expressly called Governor not of the British Sea but onely of the Shore of Britaign as wee told you in the former Book In which name there is a description not of one that govern's the Sea as a Province but who command 's the Shore as the limit of his dignitie That is to say of the same kinde as those Counts or officers were who were deputed in that Age to guard the Sea Coast and secure it from the incursions of enemies by Sea There is also a nameless Autor of a Chronicle belonging to a Monasterie called Monasterium Besuense who write's that this guarding of the Shores under the Caroline Kings was given over a little after the time of Charlemaign But in the following Ages the Kingdom of France beeing divided as it wereby piece-meals into several principalites that which a long retained this name of the Kingdom of France was reduced into so narrow a compass that the Province of Narbon was held by Sovereign Earls of its own Aquitain or the Western Shore which lie's more Southerly with Normandie by the English Bretaign either by Kings or Dukes of the same aud Flanders by Earls So that whilst the whole Sea-Coast except Picardie remained separate from that Kingdom there was Sea little enough lying before it Yea and the Naval Forces were small enough of which before the accession of a larger Sea-Coast to the French Kingdom there was most use in the expedition of the holy War Nor was any other Governor wont to bee appointed there by the name of Admiral then hee who as occasion required was put in Command over the Navie and Militarie Affairs by Sea yea and was borrowed from som Nation bordering upon the Sea as the Genoeses or others of that kinde But the Kings themselvs had at that time no Command over the Sea as it is expressly written by Johannes Tilius a Clark of the Parlament of Paris His words are these After that the Kingdom of France was lessen'd by divisions and the Kings confined to more narrow Dominions becaus they had potent Vassals who enjoied Feuds with absolute Soveraigntie if you except their homage for the King of England held the Dutchies of Normandie and Aquitain Britain had a Duke of its own and slanders Tholouse and Provence had their Earls the Kings of France for a long time had no command over the Sea and therefore had no need of Admirals until they undertook the Expedition for the holy Land at which time they made use of Genoeses whom they hired with Spaniards or other of their neighbors that were well skill'd in Sea-affairs to under-take the care of transportation having no office appointed for that purpose and by this means they had many Admirals in one single Expedition But after that the English had quitted Normandie and the Kingdom of France had gotten ground upon the Sea-Coast the use of Sea-Affairs also was somwhat augmented That is to say about the times of John and Henrie the third Kings of England So that the first Admiral that they reckon in the Catalogue of French dignities of whom any memorie is left to posteritie was Enguerandus Coucaeus in the time of Philip the Bold King of France or about the year 1280 as it is related by Joannes Feronius And what kinde of dignitie his was appear's sufficiently thence that his next Successors Matthew Momorancie and John Harcourt were onely upon a particular occasion put in command over the Sea-Forces by Philip the fair as wee understand by their Commission Yea and they are mentioned by William de Nangis by the title of Admirals as others also are by Joannes de Beka in the time of Philip the fair Although Joannes Tilius reckon's Amaurius Viscount of Narbonne to bee the first that bare the dignitie of Admiral in France as a constant setled Office over the Affairs of the Sea to wit in the time of John and Charls the fift Kings of France that is about the year 1300 whilest others are too busie in summing up divers other particulars touching the Antiquitie of this command among the French Afterwards Aquitain was added to the Dominion of the King of France in the year 1453. Henrie the sixt of England beeing driven out But in the year 1481. the Province of Narbonne in the year 1491. the Dutchie of Bretaign and lastly in the space of som years all that the English held in Picardie was added also So all the Sea-Coast except Belgium returned into the Patrimonie of the Kingdom of France Hereupon it came to pass that four Sea-Governments or Admiralships were afterwards in use therein notwithstanding that somtimes one and the same person held several together But of these the Government that belong's to the shore of Normandie and Picardie is at this day usually called the Admiralship of France becaus before that the Province of Narbonne Aquitain and Bretaigne were annexed to the patrimonie of the Crown the onely Maritim Government in the Realm of France was that of Picardie whereto Normandie was added afterward as the next Province the other three beeing denominated from their respective Provinces The whole matter is very well set forth by Renatus Choppinus
those Islands that lie before the shore of France For 't is generally known that after King John and Henrie the third were driven out of Normandie it self that the Isles Caesaria and Sarnia which wee call Jersey and Garnesey Aureney and som other Neighboring Isles lying near the shores of Normandie and Bretaign yea and situated within that Creek of Sea which is made by the shore of Bretaign on the one side and that of Normandie on the other have in the following Ages both now and heretofore remained in the Dominion of England But by the sentence passed against K. John as Duke of Normandie for the murther of his Nephew Arthur the French would have him deprived of all the Right hee had to Normandie And afterwards Henrie the third resigned his Right to Normandie But suppose wee grant what is commonly received that these Islands were of the Norman Jurisdiction or belonging to the Dutchie of Normandie yet truly even so they neither could bee taken away by the sentence nor did they fall to the French by Resignation forasmuch as the possession of the Sea and so of the Islands placed therein was still reteined after the same manner almost as manie Priories were in England it self who though they were belonging to the Norman Government in Church-matters yet even as they were of the Government of Normandie they ever remain'd under the Dominion of England as long as the Privileges of Monasteries were in force among the English as beeing situate within the undoubted bounds of the English Empire Nor is it easily understood wherefore the Islands could have been so reteined unless they also had been seated within the bounds of the English Empire in the Sea But the thing chiefly to bee consider'd here is that verie manie Foreign Nations as well as the Estates of England did in a Libel or Bill of Complaint publickly exhibited in the time of King Edward the First and King Philip the Fair before a Court of Delegates specially in that behalf by them appointed in express terms acknowledg that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein par raison du Roialme d' Angleterre upon the account of the Realm of England or as they were Kings of England Which truly is all one as in most express terms to ascribe this whole Sea unto them as far as the Shores or Ports lying over against us But concerning that Libel I shall add more by and by Nor is it to bee omitted that the addition of a Shore larger than that of Picardie to the Kingdom of France hapned first at that time wherein those Isles were so reteined by the English after they were outed of Normandie For before the Shores of Aquitain Bretaign and Normandie were in the possession of other Princes that of Aquitain and Normandie beeing possest by the English and that of Bretaign by the Duke or Earl of that Countrie So that the French King had neither any shore almost nor any considerable use of Sea-affairs at that time by which means also the English did with the more ease retain the aforesaid antient possession of the Sea and the Isles after they were deprived of the Norman Dutchie And this sufficiently appear's also by that Sea-Fight perform'd between the French Fleet commanded by Eustachius the Monk in the time of Philip Augustus King of France and the English Fleet under the Command of Philip de Albenie Governor of the aforesaid Islands and John Marshal who both carefully guarded the passages of the Sea in the beginning of the Reign of Henrie the Third That is to say a French Fleet of about 80 Sail was designed to transport Auxiliarie Forces out of France for Lewis afterwards the Eight of that name that was King of France who through the Treason of som Conspirators made War upon the English King in England This of the French was assailed by an English Fleet of 40 Sail. But Roger of Wendover and Matthew Paris tell us that part of the French who had not been used to Sea-Fight was in a short time wholly defeated Observ here they say that hitherto the French were not accustomed to Fights by Sea But of the English they say the English being warlick and skill'd in Sea-Fight galled them with Darts and Arrows ran them through with their Lances did execution with their Swords sank their Ships and them with Lime which they did by throwing the Powder of Lime into the Aër so it might bee driven by the winde into the French-men's eies They were deprived also of all hope of relief and succor and know not which way to slie The English at that time time beeing expert in Sea-Fight did by this means make good the possession of their Sea and the Isles also that are situate therein For even this Fight relate's to the second year of Henrie the Third or the year of our Lord MCCXVIII that is at the same time almost when the English were first deprived of Normandie But as to that which is commonly said that these Islands first belonged to the English Norman right or by the right of the Dutchie of Normandie it is as easily denied as affirmed by any Nor is there any weight in this Reason that becaus those Islands have and ever had certain Customs like the Norman therefore they do belong to Normandie For the Norman Customs are often used in England as the Roman are somtimes by other Nations yet everie man know's this can bee no ground for such an Argument Nor is it any more to the purpose that those Islands were within the Diocess of the Bishop of Constances in Normandie until that in our Grand-father's daies they became subject to the Bishop of Winchester Their Ecclesiastick Government was a long time derived out of Normandie with more convenience indeed becaus of the nearness of the place which began as it is to bee supposed in those daies when the English possessed the Shores on both sides But it doth not follow thence that those Islands belong'd to the Dutchie of Normandie any more then that the many Priories heretofore in England who were of foreign Jurisdiction in Ecclesiastical matters did therefore belong to the Dominion of foreign Princes and not to that of the English Kings as Kings of England That is every jot as weak also which they use to allege about the Norman Languages beeing in use among the Inhabitants of those Islands The people of Cornwâ—l in England have alwaies used the Welch Tongue at least with a little alteration in the Dialect as the Bretaigns do also in France In like manner the Inhabitants of the Isle of Man use the Irish Tongue yet no man will conclude thence either that this paie's obedience to the Kings of England as Lords or King of Ireland or that the other are subject to their Princes by any right of the Welch Principalitie Wee know indeed that
our Isles of Gernesey Jersey Serk and Aureney in the Sea between Easter and Michaelmas is according to the Custom of those places acknowledged to belong unto Us at a reasonable rate to bee paid therefore and that the said Fishermen are bound to carrie all the Fish by them taken between the Times aforesaid unto certain places in those Isles appointed that the Officers under our Governor of the aforesaid Isles may take thence for our use at what price they shall think fit and reasonable Nor is that to bee slighted which wee finde in the Chronicles of the Abbie or Monasterie of Teuxburie concerning Henrie Beauchamp Duke of Warwick who was invested by Henrie the sixt with the Title and Dignitie of King not onely of the Isle of Wight but also of Gernesey and Jersey whereunto the other Isles in this Tract do in a civil sens belong The same thing is recorded of the Isle of Wight by that Learned man William Camden and that out of the same Book The Book it self speak's after this manner But the noble Lord Henrie Duke of Warwick and first Earl of England Lord Le Dispenser and de Abergeveney King of the Isles of Wight and Gardsey and Jardsey Lord also of the Castle of Bristol with the appurtenances thereunto belonging died 3 Idus Junii Anno Dom. 1446. in the twentie second year of his Age at the Castle of Hanley and was buried in the middle of the Quire at Teuxburie And a little before it is said of the same man that hee was Crowned King of Wight by the King 's own hand no express mention beeing made in that place of the other islands but they reckoned in the same condition with this as they were part of the patrimonie of the Kings of England But it is not to bee believed that those Isles which lie before the shore of Normandie had been so turned into a Kingdom though subject to the Crown of England unless even they also who made them a Kingdom had conceived that they possessed them before by a Title superior to that of the Dutchie that is to say by a Kingly Title As King Richard the second when hee had determined that Robert Earl of Oxford who also was Marquiss of Dublin and Duke of Ireland should bee creâted King of Ireland questionless did not doubt but that hee himself in the mean time possessed that Island by no less a Title and Dignitie than of King although the name of Lord was wholly used there at that time in stead of King as also until the latter end of the Reign of Henrie the eight So it is conceived upon good ground that those Isles and the Sea lying about them did though they used different Customs constitute one entire Bodie of Empire with the Kingdom of England Whereunto also that special privilege of theirs doth relate whereby through the favor of the Kings of England they enjoie the benefit of freedom from hostilitie by Sea though there bee a Warr on foot between the Neighbor-Nations round about but of this more hereafter And in their Court-Records which contain the Acts or Decrees of the aforesaid Justices Itinerant wee very often finde Pleas of the Crown which phrase is an Evidence of the English Government Also in their Trials those Forms In contempt of our Lord the King his Crown and Dignitie and Our Lord the King was seised of the aforescid Advousen in time of Peace as of his Fee and in Right of his Crown and others not a few of that kinde wee meet with which savor not of any Right of the Dutchie Add moreover that the King of England so held the Right heretofore not onely of the Isles over against the shore of Normandie but of those also which are opposite to Aquitain as a pledg or concomitant of his possession of that Sea so far as it belong'd to the patrimonie of the Kingdom of England that though our Henrie the third renounced his claim to no small part of Aquitain yet that Isle lying before it called Oleron no less famous in the West for Naval Laws than Rhodes was of old hee granted to his eldest son Edward to bee held in time to com as a perpetual Appendant of the English Crown For this Claus was added to the Grant so that the said Isle may alwaies remain to the Crown of England and never bee alienated from the same Also in his Letters granted to the Inhabitants of Oleron hee saith Wee will not in any wise sever you from the Crown of England Som years before also hee in like manner made a Grant of Gascoign or those parts which lie upon the shore of Aquitain near the Sea to Prince Edward upon condition it should remain entirely and for ever to the Crown of England So without doubt his intent was that both the Sea-Coasts and this Isle should in a special manner bee possest by the said Prince but by no means bee disjoined from the English Empire any more than the Sea its self which washt their shores And although after a while both this and som other neighboring Isles did many Ages since for divers reasons follow the fate of those French shores which lie next to them yet in the mean time the Dominion of the Sea remained entire as it did before to the Kings of England as it sufficiently appear's by those other passages which wee have shewn The Dominion and possession of the Sea asserted on the behalf of the Kings of England from that leav of praeter-Navigation or passage which hath been usually either granted by them to Foreiners or desired from them CHAP. XX. THose things which wee have hitherto alleged concerning this possession and dominion are confirmed by several Passports that have been obteined from the Kings of England for leav to pass through this Sea whereof wee have clear Testimonies in Records that is to say granted at the intreatie of Foreiners Our Henrie the fourth granted leav to Ferrando Urtis de Sarachione a Spaniard to fail freely from the Port of London through our Kingdoms Dominions and Jurisdiction to the Town of Rochel It is manifest that in this place our Dominions and Jurisdiction do relate to the Sea flowing between And when Charls the sixt King of France sent Ambassadors to Robert the third King of Scots to treat about the making of a League they upon request made to the same Henrie obteined Passports for their safe passage par touz noz povoirs destrois Seigniories par Mer par Terre that is through all places under our Power Territories and Dominions as well by Sea as by Land There are innumerable other Letters of Passport called safe Conducts in the Records especially of Henrie the fift and sixt whereby safe Port and Passage was usually granted as well by Sea as by Land and Rivers that is to say throughout the whole Dominion of him that made the Grant And it is
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
what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Zelanders use to have in the neighboring Sea having first obteined leav from this Castle according to the antient Custom For the English have ever granted them leav to fish reserving alwaies the honor and privilege to themselves but through a kinde of negligence resigning the profit to Strangers For it is almost incredible what a vast sum of mâ—nie the Hollanders make by this Fishing upon our Coast. So he There is another man also of very great skill and knowledg in Sea-affairs who in the time of Q. Elisabeth presented a Book to the Parlament written in the English Tongue about the Commoditie of Fishing wherein hee write's that the Hollanders and Zelanders every year toward the later end of Summer send forth four or five hundred Vessels called Buffes to fish for Herrings in this Eastern Sea Where before they fish they ask leave of Scarborough which are his very words Care was taken also by Proclamation in the time of K. James that no Foreiner should Fish in the English or Irish Sea or that which belong's to the other Isles of the Realm of England without leav first obteined and every year at least reneâ—ed from the Commissioners appointed for this purpose at London And touching the libertie of fishing granted at other times also to Foreiners by the Kings of England there are many Testimonies in other Writers But the caus why wee do not often meet with the Forms of those Licences granted either for passage or fishing in the English Sea was plainly this becaus by the Leagues that were made with the neighbor Princes a Licence or freedom of that kinde as also of Ports Shores Passage and other things was so often allowed by both Parties that as long as the League was in force the Sea served as if it were a common Field as well for the Foreiner that was in amitie as for the King of England himself who was Lord and Owner But yet in this kinde of Leagues somtimes the Fishing was restrained to certain Limits which is a thing chiefly to bee consider'd The limits related both to place and time So that according to agreement the Foreiner in amitie might not fish beyond these Limits the K. of England reteining a Dominion over the whole adjoining Sea Touching this there is a notable Example in the time of our Henrie the Fourth An agreement was made betwixt the Kings of England and France that the Subjects of both might freely use Fishing throughout that part of the Sea which is bounded on this side by the Ports of Scarborough Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine The time also was limited betwixt Autumn the Kalends of Januarie following And that the French might securely enjoy the benefit of this agreement our King directed Letters to that end unto all his Sea-Captains and Commanders Here you see plainly those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west and also from that which lie's North east of them as beeing so limited by our Henrie at his own pleasure as its Lord and Soveraign Nor was there so much as the least shadow of right or Prerogative whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North nor had hee any Countrie lying before the Sea in the South except Normandie or in the West the rest beeing held either by the Duke of Bretaign or by the King of England as wee have alreadie observed From hence truly it was a Custom for the Kings of England to give protection to Fisher-men that were Strangers somtimes by Proclamation and somtimes with a Fleet of men of War when they went to Fish either by agreement made upon treatie or by leav obteined qualifications beeing added according to the English King's pleasure There is among the Records of the time of Edward the First an Inscription Pro hominibus Hollandiae c. For the men of Holland and Zeland and Friesland to have leav to fish near Jernemuth The King's Letter for their protection follow 's thus The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting For as much as Wee have been certified that many men out of the parts of Holland Zeland and Friesland also who are in amitie with us intend now to com and fish in Our Sea near Jernemuth Wee command you that you caus publick Proclamation to bee made once or twice everie week that no persons whatsoëver imploied abroad in our service presume to caus any injurie trouble dammage hindrance or grievance to bee don unto them but rather when they stand in need that yee give them advice and assistance in such manner that they may fish and persue their own advantage without any let or impediment In Testimonie whereof Wee have caused these our Letters to bee made Patents to continue in force till after the Feast of St Martin next ensuing Witness the King at Wengham the XXVIII day of September Which was in the XXIII year of his Reign and of our Lord MCCXCV The same day also in favor of the â—arl of Holland and his Subjects hee set forth three men of War toward the farther Coast of the Sea for the safeguard as hee saith in another Letter of those Uessels belonging to your and our own Countrie that are in these daies emploied about the Herring Fishing c. and to guard your Coasts near the Sea Here hee grant's a Protection to fish And in both the Letters hee limits it within the space of two Months Hee alone also protected the Fisher-men upon the Geâ—man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Eaâ—l of Holland as well as upon the English Nor might the Fisher-men use any other kinde of Vessels but that which was prescribed by our Kings Upon which account all kindes of Fishing were somtimes prohibited and somtimes admitted this restriction onely beeing added that they should fish in such Vessels onely as were under thirtie Tuns burthen This appear's by those Letters of King Edward the Third concerning the Laws of Fishing which were directed unto his several Governors of Yarmouth Scarborough Whitby and Donwich Towns seated upon the Eastern Shore The words are these Forasmuch as wee have given Licence to the Fishermen of the aforesaid Town and to others who shall bee willing to com unto the said Town for the benefit of Fishing that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen any prohibition or Commands of ours whatsoever to the contrarie notwithstanding wee command you to permit the Fisher-men of the aforesaid
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
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
the time of that Decision The one of them beeing set forth by King Henrie the Second of France or in the year MDLV the other by Henrie the Third or in the year MDLXXXIV they were both objected by those who required a striking of Sail to them in the name of the French King even without the bounds of France for the words of the Edicts did not relate onely to the Sea confining upon France upon which ground also they offer'd violence to certain Hamburgers who refused to do this and seized them as guiltie of contempt against the dignitie and Dominion of the French by Sea But as to this thing saith Servinus it may bee said on the contrarie That the Edicts or Ordinances of the Realm making injunction to strike and com aboard have not been observed and are not to this day And it doth not appear that of the year 1555. hath been verified in the Court of Parlament but the Defendants do report onely an extract out of the Register of Broüage which indeed is evident enough when that Edict is objected by the same man Moreover it was an old obsolete Law and that which prove's it is the new Ordinance of the year 1584. For there had been no need of a new Law if the old one had been kept And notwithstanding that the last hath not been verified simply but as it was promoted by persons in Power at that time it did not pass without resistance but was Registred and Published with the Qualification required by the Procurator General at the charge of the Executor according to the antient Forms and such as the Officers of the Admiraltie had made in former time without doing any thing anew The former Edict which was objected was never admitted by the Estates of the Realm for nothing of that matter is to bee found in the Records of Parlament which is the proper place for a Testimonie of its admission But the later was indeed admitted though as to any effect of a Law either at that time to bee enacted or introduced or as received before into Custom it was plainly rejected and that at the instance of the King's Procurator who desired it might bee so qualified as you see that what was grounded upon antient Custom it onely might bee ratified even after this Edict was so admitted in favor of som great Ones Which was discreetly don seeing both the Edicts were extremely contrarie to the Custom of their Neighbors yea and of all Foreiners But as to the business of striking sail which they would have to bee a special Sign or Pledg of their Soveraigntie and Dominion in those Edicts which notwithstanding upon second thoughts were rejected afterwards in Law as hath been shewn truly it having been usually and perpetually acknowledged due for so many Ages to the English and performed accordingly both by stranger and by the French themselvs as a matter grounded upon long prescription can bee no slight argument among the French to confirm that Dominion of the English whereof wee treat Moreover it is affirmed by all that are used to the Sea as a thing out of Question that this intervenient Law or Custom of striking sail hath been very usual to the English and other Nations And that it is very antient and received for above four hundred years appear's by this that at Hastings a Town situate upon the Shore of Sussex it was decreed by King John in the second year of his Reign or of our Lord MCC with the assent of the Peers that if the Governor or Commander of the King's Navie in his Naval Expeditions which were all in that Age upon the Southern Sea shall encontre sur la mer so the words run in the Norman Tongue aucunes Nefs ou vesseaulx charges ou voide qui ne vevillent avaler abeisser leurs triefs au commandement du Lieutenant du Roy ou de l' Admiral du Roy ou son Lieutenant mais combatant encontre ceulx de la flote que silz puent estre pris quils soient reputez come enemies leurs Ness vesseaulx biens pris forfaits come biens des enemies tout soit que les Maistres ou possessours d' iceulx voudroient venir apres alleguer mesmes les Nefs vesseaulx biens estre des amies du Roy nostre seigneur que la menye estant en iceulx soient chastiez per emprisonement de leur corps pur leur rebelleté par discretion That is to say shall meet any Ships whatsoëver by Sea either laden or empty that shall refuse to strike their Sails at the command of the King's Governor or Admiral or his Lievtenant but make resistance against them which belong to his Fleet That then they are to bee reputed enemies if they may bee taken yea and their Ships and Goods bee confiscated as the Goods of Enemies And that though the Masters or Owners of the Ships shall allege afterward◠that the same Ships and Goods do belong to the friends and Allies of our Lord the King But that the Persons which shall bee found in this kinde of Ships are to bee punished with imprisonment at discretion for their Rebellion It was accounted Treason if any Ship whatsoëver had not acknowledged the Dominion of the King of England in his own Sea by striking Sail And they were not to bee protected upon the Account of Amitie who should in any wise presume to do the contrarie Penalties also were appointed by the King of England in the same manner as if mention were made concerning a crime committed in som Territorie of his Island 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 CHAP. XXVII THe other Testimonie concerning the Recognition of most Forein Nations in this particular is that Libel or Bill of Complaint heretofore instituted by very many Nations together wherein they unanimously declared the King of England and his Predecessors to bee Lords of teh Sea flowing about and brought them to give an acompt in a Court of Judicature who presumed to violate that Right For the well understanding whereof I shall relate the whole matter more at large A war being on foot between our Edward the First and King Philip the Fair of France it was so concluded somtimes by agreement that there might notwithstanding bee a Freedom of Commerce on both sides and so a Truce with all Merchants whatsoëver on either side but as to other things hostilitie proceeded in the mean time as it was wont betwixt both the Nations This special kinde of Truce was called Sufferentia guerrae sufferance of war and during war there were certain persons appointed by both Princes to take
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
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
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
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
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