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A33387 His Majesties propriety and dominion on the Brittish seas asserted together with a true account of the Neatherlanders insupportable insolencies and injuries they have committed, and the inestimable benefits they have gained in their fishing on the English seas : as also their prodigious and horrid cruelties in the East and West-Indies, and other places : to which is added an exact mapp, containing the isles of Great Brittain and Ireland, with the several coastings, and the adjacent parts of our neighbours / by an experienced hand. Codrington, Robert, 1601-1665.; Clavell, Robert, d. 1711. 1665 (1665) Wing C4602; ESTC R3773 67,265 198

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then was in the more Antient Nations and covered with Oxe-Hides yet with good ground we may conceive that they were wont to Build and set forth ships of War of a far more commodious and solid substance for the Guarding of the Seas and the Isles We read in Caesar's Commentaries that they were strong at Sea and it is not to be doubted but that besides their Twiggs and Leathern Vessels they had a considerable Navy which was able at pleasure to Encounter the ships of their Neighbours that were best Armed But the Southernly Parts of Great Brittain being Invaded by the Emperour Claudius and the Isle of Wight surrendred to them the Brittish Sea following the Fate of the Island was annexed with it to the Roman Empire From the Dominion of the Brittish Sea as being continually United to the Island or an Inseparable Concomitant thereof many remarquable passages have proceeded amongst those who have left unto Posterity the Atchievements of the Romans when they were Masters of this Island But when the Roman Empire was declining and they had scarce Forces enough to Guard the City it self The Brittains about the Year of our Lord Four Hundred and Fourscore did cast off the Roman Government and setled a Common-Wealth after their own liking In the mean time the Saxons Inhabiting the Shoar over against them had a great and greedy mind unto it who being a People extreamly given to Piracy the Romans were accustomed to appoint an Officer to drive them away called The Count of the Saxon Shore throughout Brittain These Saxons being sent for by the Brittains to Assist them against the Scots and Picts did get at length the whole Power into their own hand These Saxons being Arch Pirats did not only know but were familiarly acquainted with the Dangers of the Sea The same may be said of the Danes and Normans for these names being promiscuously used do often signifie the same Nation as is sufficiently attested by Regino Dudo the Monk of Malmesbury and others And these People had so great and so admirable a Knowledge of the Sea and Sea Affairs that by an exquisite observation of the Tides and Ebbings of the Sea they were accustomed to reckon their Months and Years yea and to frame Computations of years thereby In Antient Records diverse particulars are to be seen which most plainly show that both the Saxons and Danes had a Dominion over the Sea whilest they Reigned in Brittain In the Reign of the English Saxons we read in Asserius Bishop of Sherburn that Hengist being invited into England by the Perswasions of Vortigern there came presently afterwards to recruit him Octa and Ebissa who putting Pitates aboard his ships he charged them to Guard the passages of the Sea You are to understand that the word Pirate was not then taken as now commonly it is for Robbers or Rovers but for such who being the most skilfull in Sea-Affairs were judged to be the fittest Men to Encounter with their Enemies The word sayes my Authour doth seem to be deriv'd from the Greek for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Pira in the Greek Tongue signifieth Craft or Art and from this Art in Maritine Discipline they are now called Pirates which infest the Seas But amongst these Kings none was more Potent then King Edgar who possessing an Absolute Dominion of the Seas sayled round about it every Year and secured it with a constant Guard It is Recorded that these ships being very stout ones were in number One Thousand Two Hundred Other Writers affirm that they were Foure Thousand the Abbot of Jorvaux John Bramton by name doth number them to be Four Thousand and Eight Hundred sayle And what Dominion King Edgar had as Absolute Lord of the Sea appears in these words I Edgar King of England and of all the Kings of the Islands and of the Ocean lying round about Brittain and of all the Nations that are Included within the Circuit thereof Supream Lord and Governour do render my thanks to Almighty GOD My KING who hath Enlarged my Empire and Exalted it above the Royal Estate of my Progenitors who although they Arrived to the Monarchy of all England ever since Athelstan yet the Divine Goodness hath favoured me to Subdue all the Kingdomes of the Island in the Ocean with their most Stout and Mighty Kings even as far as Norway and the greatest part of Ireland together with their most Famous City of Dublin After him King Canutus left a Testimony whereby he most expresly Asserteth the Sea to be a part of his Dominion For placing himself by the Sea side in the time of a High Tide upon Southampton shoare he is reported to have made tryal of the Obedience of the Sea in this manner Thou O Sea art under my Dominion as the Land also which I sit upon is mine And there was never any that disobeyed my Command without Punishment Therefore I command thee not to ascend upon my Land nor do thou presume to wet the Feet or Garments of Thy Sovereign But although the Event did not answer his Expectation yet most plain it is that here he openly professed himself to be Sovereign of the Seas as well as of the Land From the Testimonies of the Saxons and Danes we shall Descend to the Government of the Normans where by many Notable and Cleer Proofs we shall finde That 1. The Custody Government or Admiralty of the English Sea did belong unto the King together with the Dominion of the Adjacent Islands 2. That the Leave of Passage through this Sea was granted unto Forreigners upon Request 3. That the Liberty of Fishing was upon Courtesie Allowed to Forreigners and Neighbours and Protection given to the Fisher-men 4. That Laws and Limits were Prescribed to Forreigners who being in Hostility the one with the other but both in Amity with the English made Prize of each other on the Sea 5. The Records whereby this Dominion is expressely Asserted as a most Undoubted Right and that not onely by the Kings but by the Parliaments of England As for the First There is nothing more Cleer than that the Kings of England have been Accustomed to Constitute Governours or Commanders who had a Charge to Guard the English Seas and these were called Custodes Navium or Custodes Maritimi These were the Officers that were called Butsecarli as may be gathered out of that Breviary of England called Doomes Day In this Number was Thomas de Moleton who is Stiled Captain and Guardian of the Sea and Hugh de Cerquen Afterwards the Title of Guardians was changed into that of Admiral as is alleaged by Thomas Walsingham in the days of Edward the First We finde that in the days of Edward the third The Principal End of Calling that Parliament was concerning the Preservation of Peace both by Land and Sea giving us to understand that the Land and Sea together made one entire Body of the Kingdome of England In the
time of Richard the Second Hugh Calverley was made Admiral of the Sea saith the same Author and the Universal Custody of the Sea was committed by our Kings to the High Admirals of England And that the Dominion of the Seas is properly in the Power and Jurisdiction of the King may appear by those Tributes and Customes that were Imposed and Payed for the Guard and Protection of them The Tribute called the Danegeld was paid in the Time of the English Saxons which amounted to four shillings upon every Hide of Land for the defending of the Dominion by Sea Roger Houerden affirmeth that this was paid until the Time of King Stephen Afterwards Subsidies have been demanded of the People in Parliament upon the same Account and in the Parliament-Records of King Richard the Second it is Observable That a Custome was imposed upon every Ship that passed through the Northern Admiralty that is from the Thames along the Eastern Shoare of England towards the North-East for the Maintenance of a Guard for the Seas Neither was this Imposed onely upon the English but also upon the Ships of Forreigners payment was made at the Rate of six pence a Tun upon every Vessell that passed by such Ships only excepted that brought Merchandize out of Flanders into London If a Vessel were imployed to Fish for Herrings it payed the Rate of Six pence a week upon every Tun If for other kind of Fish so much was to be payed every three weeks as they who brought Coles to London from New-Castle paid it every three Moneths But if a Vessel were bound North-wards to Prussia Scone or Norway or any of the Neighbouring Countries it payed a particular Custome according to the Weight and Proportion of the Freight And if any were unwilling it was Lawful to Compel them to pay In this Place we shall give you the Copy of the usual form of a Commission whereby the High Admiral of England is Invested with Authority for the Guard of the Sea it runneth in these Words VVE Give and Grant to N. the Office of our Great Admiral of England Ireland Wales and of the Dominions and Islands belonging to the same also of our Town of Calais and our Marches thereof Normandy Acquitayn and Gascoign and we have Made Appointed and Ordained And by these Presents we Make Appoint and Ordain ●im the said N. our Admiral of England Ireland and Wales and our Dominions and Isles of the same our Town of Calais and our Marches thereof Normandy Gascoign and Aquitayn as also General Governour over all our Fleets and SEAS of our said Kingdomes of England and Ireland and our Dominions and Islands belonging to the same And know ye further that we of our especial Grace and upon certain Knowledge do Give and Grant to the said N our Great Admiral of England and Governour General over our Fleets and Seas aforesaid all manner of Iurisdictions Authorities Liberties Offices Fees Profits Duties Emoluments Wracks of the Sea cast Goods Regards Advantages Commodities Preheminences Priviledges whatsoever to the said Officer our Great Admiral of England and Ireland and of the other Places and Dominions aforesaid in any manner Whatsoever Belonging or Appertaining Thus we see we have a continual Possession or Dominion of the Kings of England by Sea pointed out in very Expresse Words for very many years We may add to this that it can be proved by words plain enough in the form of the Commissions for the Command of High Admiral of England that the Sea for whose Defence he was appointed by the King of England who is Lord and Sovereign of it was ever bounded towards the South by the Shores of Aquitain Normandy and Picardy for although those Countries sometimes in the Possession of the English are now lost and for many years under the Jurisdiction of the French yet the whole Sea Flowing betwixt our Brittish Isles and the Provinces over against them are by a Peculiar Dominion and Right of the King of England on those Seas subject unto them whom he puts in Command over the English Fleet and Coasts that there remaineth neither Place nor Use for any other Commanders of that kinde And as for the Islands of Gernesey Jersey and the rest Mr. Selden affirmeth that before a Court of Delegats in France in expresse terms it hath been acknowledged that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein Par raison du Royalmed ' Angleterre upon the Account of the Realm of England or as they were Kings of England And in the Treaty held at Charters when Edward the Third Renounced his Claim to Normandy and some other Counties of France that bordered upon the Sea it was added that no Controversie should remain touching the Islands but that he should hold all Islands whatsoever which he Possessed at that time whither they lay before those Countries y t he held there or others For Reason required this that he should maintain his Dominion by Sea And both Gernesey and Jersey as well as the Isles of Wight and Man in several Treaties held betwixt the Kings of England and other Princes are acknowledged not onely to lye neer unto the Kingdome of England but to belong unto it But to give a greater Light to this Truth we may from several Records produce many Testimonies that the Kings of England have given leave unto to Forreigners upon Request to passe through their Seas he gave permission to Ferrando Vrtis de Sarachione a Spaniard to Sail freely from the Port of London through his Kingdomes Dominions and Jurisdiction to the Town of Rochel There are Innumerable Letters of safe Conducts in the Records especially of Henry the Fifth and Sixth whereby safe Port and Passage was usually granted And it is worthy of observation that these kinde of Letters was usually superscribed and directed by those Kings to their Governours of the Sea-Admirals Vice-Admirals and Sea-Captains And to clear all at once the Kings of England have such an absolute Dominion in the English Seas that they have called the Sea it self their Admiralty And this we finde in a Commission of King Edward the Third The Title whereof is De Navibus Arrestandis Capiendis For the Arresting and Seizing of Ships The Form of it runs in these Words The King to his beloved Thomas de Wenlock his Serjeant at Armes and Lievtenant To our Beloved and Trusty Reginald de Cobham Admiral of our Fleet of Ships from the mouth of the River of Thames towards the Western parts Greeting Be it known unto you that we have appointed you with all the speed that may be used by you and such as shall be Deputed by you to Arrest and Seize all Ships Flie-Boats Barks and Burges of ten Tun burthen and upwards which may happen to be found in my foresaid ADMIRALTY that is in the Sea reaching from the Thames Mouth towards the South and West and
Dominion and Possession of the place And this may yet more clearly appear by the Laws and Limits usually set by our Kings to such Foreigners as were at Enmity with each other but in Amity with the English and to this effect is the Proclamation of King James who having made Peace with all Nations did give equal Protection to the Spaniards and the United Neatherlands at that time exercising Acts of great Hostility one against another Our Pleasure saith he and Commandment is to all our Officers and Subjects by Sea and Land that they shall Prohibite as much as in them lieth all hovering of Men of War of either Spaniard or Hollander neer to the Entry of any of our Coasts or Havens and that they shall Rescue and Succour all Merchants and others that shall fall within the Danger of any such as shall Await our Coasts And it is further to be observed that as our Kings have very often Commanded that all manner of persons should cease from Hostility throughout all the spaces extended into their Territories by Sea so they indulged the like Privilege for ever throughout the more Neighbouring Coasts of the French shore that all manner of Persons though Enemies to one another should securely sayle to and fro as it were under the wings of an Arbitrator or Moderatour of the Sea and also freely should use the Sea according to such spaces and limits as they were pleased at first to appoint which without doubt is a clear Evidence of Dominion In this next place I shall cite some of the Publick Records which are kept in the Tower of London in which the Dominion of the Sea is expresly Asserted as belonging to the Kings of England We Read that Edward the Third in his Commissions given to Geoffery de Say Governour or Commander of the Western and Southern Seas and to John de Norwich of the Northern expresseth himself in these following words We calling to mind that our Progenitors the Kings of England having before these times been Lords of the English Sea on every side yea and Defendors thereof against the Invasions of Enemies do strictly Require and Charge you by the Duty and Allegiance wherein you stand bound that you set forth to Sea with the Ships of the Ports and the other Ships that are ready and that you Arrest the other ships under our Command and that with all Diligence you make search after the Gallies and Ships of War that are abroad against Us and that stoatly and manfully you set upon them if they shall presume to bend their Course towards any part of our Dominions or the Coasts of Scotland c. Then followeth a Power to Press Seamen and other matters of that kind We read also in the Reign of the said King in the preferring of a certain Bill in Parliament which is the voice of the Estates of the Realm that he was usually accounted King or Sovereign of the Seas by all Nations The words in French are to this sence in English The Nation of the English were ever in the Ages past Renowned for Sea-Affairs in all Countries near the Seas and they bad also so numerous a Navy that the People of all Countries Esteemed and called the K. of Engl. the K. or Sovereign of the Sea Another Testimony to the same Effect we read in the Parliamentary Records of Henry the Fifth where the Tenour of the Bill runs after this manner The Commons do pray that seeing our Sovereign Lord the King and his Illustrious Progenitors have ever been Lords of the Sea and now seeing through Gods Grace it is so come to pass that our Lord the King is Lord of the Shores on both sides of the Sea such a Tribute may be imposed upon all Strangers passing through the said Sea for the Benefit and Advantage of our said Lord the King as may seem agreeable to reason for the safegard of the said Sea The Answer subscribed to the said Bill was Soit avise par le Roy which is Let the King Himself be advised of it For the King at that time Resided in France being Lord of that Country as well by Conquest as Inheritance And Humphrey Duke of Glocester was then President of the Parliament and Leivtenant of England by whom as the Kings Deputy that Answer was given to the said Bill but when the King was present in person Le Roy S' advisera the King will Advise was the Answer from the Antient down to our present times in such Bills as were to be passed into Acts Many other Testimonies in this Nature may be produced which for brevities sake are purposely omitted Neither hath the High Court of Parliament onely given this Attestation to our Kings as Supream and Sovereign of the Seas But to confirme it we shall produce the Testimonies of Robert Belknap an Eminent Judge in the Time of Richard the Second who affirmeth that the Sea is Subject to the King as a part of his Kingdom or of the Patrimony of the Crown And it appeareth by Publick Records containing diverse main points touching which the Judges of the Land were to be consulted for the good of the Common-Wealth that the Kings Sea-Dominion which they called The Antient Superiority of the Sea was a matter out of Question amongst all Lawyers of that Age and Asserted by the Determinations and Customes of the Law of the Land and by the express words of the Writs and Forms of the Actions themselves Neither is this Truth confirmed only by our Laws but by our Medals There hath been a piece of Gold very often Coyned by our Kings called a Rose-Noble which was stamped on the one side of it with a Ship floting in the Sea and a King Armed with a Sword and Shield sitting in the Ship it self as in a Throne to set forth a Representation of the English K. by Sea The first Authour hereof was Edward the Third when he Guarded his own Seas with a Numerous Navy consisting of Eleven Hundred ships at which time as at others he marched victoriously through France But what need we labour to produce so many Testimonies at home from our Records in the Tower and other places from our High Courts of Parliament from our Laws from our Coyns from our Histories to prove this Truth since it is acknowledged even by Forreigners themselves whom it most concerneth by their usual striking of sayles according to the antient Custom by every ship of any Forreign Nation whatsoever if they sayle near the Kings Navy or any ship belonging to it at Sea which is done not onely in Honour to the English King but also in acknowledgement of His Sovereignty and Dominion at Seas The Antiquity of this Custome and that it hath been in use for above these Four Hundred years may appear by this following testimony At Hastings a Town scituate upon the Shore of Sussex it was Decreed by K. John in the Second Year of His Reign with