the Kings of England had then been in peaceable possession of the sayd Dominion of the sayd Sea of England by immemorable prescription Secondly that the Soveraignty belonged unto them not because they were Domini utriusque ripae as when they had both England and Normandy and so were Lords of both shoares For Edward the First at this time had not Normandy but that it is inseparably appendant and annexed unto the Kingdome of England our Kings being superiour Lords of the said Sea by reason as the said Record speaketh of the sayd Kingdomes Thirdly onely the Kings of England had power to make Lawes and exercise supreame Jurisdiction over all persons and in all causes within the sayd Sea and in their absence to the Masters of their said Ships onely appertaineth Fourthly That the King of France could not make an Admirall in that Sea without doing wrong to the King of England but that it was an usurpation upon his right Lastly that all this was affirmed and acknowledged by the Agents of most part of Christendome being strangers to the Crown of England Surely I beleeve no Prince in the world can produce clearer evidence for any part of his estate then the King of England by this Record can doe for his Soveraignty and exclusive Jurisdiction in the Sea of England Yet for further declaration hereof I will adde certain others of succeeding times in affirmance of that above mentioned The first whereof is that of King Edward 3. being an Article amongst others upon which the Kings Justices were to be advised with all the title of the Record being as followeth Articuli super quibus Justiciarii Domini nostri Regis sunt consulendi Item ad finem quod resumatur continuetur ad subditorum prosecutionem forma procedendi quondam ordinata inchoata per Avum Dominum nostruns Regis ejus Concilium ad restituendum conservandum antiquam superioritatem Maris Angliae jus officii Admirallatus in eodem quod corrigendum leges statuta per ejus Antecessores Angliae Reges du dum ordinata ad conserv an dum pacem justitiam inter omnes Gentes Nationis cujuscunque per mare Angliae transeuntes ad cognoscendum super omnibus in contrarium attemptatis in eodem ad puniendum delinquentes damna parti satisfaciendum Quae quidem leges statuta per Dominum Richardum quondam Regem Angliae in redditu suo à terra sancta correcta fuerunt interpretata declarata Insula de Olleron publicata nominata in Gallica lingua Lay loy Olleron In this Record as in the former the ancient right of the King of Englands superiority in the Seas of England and the large extent thereof is clearely specified but especially in the conclusion wee may observe to the great glory of our English Nation that the famous Lawes of Olleron which after the Rhodian Lawes were antinquated and absolete have now well neare 500. yeares been received by all the Christian world for regulating Sea affaires and deciding Maritime controversies were first declared by King Richard the first a King of England at his returne from the Holy land and by him caused to bee published in the Isle of Olleron then belonging to the Dutchy of Aquitane and thereupon and from that Island tooke their name which they yet retaine and this is the more worthy of note because untill this Record being lately found was produced the most learned Lawyers and Antiquaries of our times were altogether ignorant by whom those Lawes were ordained and why they were so called To the same purpose and effect is this originall in French but expressed here in English Item to the end that having seen and considered the formes of proceeding and Letters ordained by the Counsell of our sayd Lord Grandfather to the King for them and the sayd Nation of England to recover and retaine the sayd Subjects Assistants and Allies and to cause redresse to be made unto them for all damages done to them on Sea and Land during the said Truce Peace and Confederation and against the forme of the same by the said French their Assistants and Allies and to shew the clamour of the people for the said dis-inheritance and the damages which by reason of such clamour might happen and especially to retaine the Soveraignty which his Ancestors the Kings of England used to have in the sayd Sea of England as touching the ancient declaration and interpretation of Lawes by them made to governe all manner of people passing through the sayd Sea And first to his Admirall and Masters and Marriners of the Ships of the Cinque Ports of England of all other Lands annexed to the Crowne of England belonging to his Army in the said Sea the like formes of proceedings and letters be henceforth observed with all such amendment as may be ordained by the said Consells of our said Lord the King to the profit and honour of him And moreover the Record following sheweth how much that great King Edward the third held himselfe in honour bound not to suffer the dominion of the Sea to be lost or impaired in his time but especially wee are in it to observe that the Kings of England were anciently as now Domini Anglicani circumquaque Lords of the Seas environing England for so the words of the Record are Rex dilecto fideli suo Galfrido de Say Admirallo flotae suae naevium ab ore aquae Thamisiae versus partes Occidentales salutem Cum nuper nos animadvertentes quod Progenitores nostrûm Reges Angliae Domini Maris Anglicatani circumquaque etiam defensores contra hostium invasiones ante haec tempora extiterunt Et plurimum nos taederet si honor noster regius in defensione hujusmodi armis quod absit depereat temporibus nostris aut in aliquo minuatur c. Mandamus vobis quod statim visis presentibus et absque ulteriori dilatione naves portuum praedictorum alias naves quae jam paratae existunt super mare tene atis And first to the practique proofe of this Dominion and Superioritie in all succeeding times what can be more pertinent and materiall then to shew That the Kings of England successively have had the Soveraigne guard of the Seas That they have imposed taxes and tributes upon all Ships passign and fishing therein That they have stoped and opened the passage thereof to strangers as they saw cause That all wrecks and and Royall fishes therein found are originally due and doe belong unto them Every of which particulars the testimonies following will amply manifest As touching therefore the guard of the Seas It is apparent by the Records of Parliament and by the printed bookes of Statutes that Tomage and Poundage were granted as for other reasons so especially and all waies for enabling the King to guard the Seas And accordingly divers admiralls from time to time were constituted
THE SOVERAIGNTY of the BRITISH SEAS Proved By Records History and the Municipall Lawes of this KINGDOME Written in the yeare 1633. By that Learned Knight Sr JOHN BOROUGHS Keeper of the Records in the Tower of London London Printed for Humphrey Moseley and are to be sold at his Shop at the Princes Armes in St Pauls Church-yard 1651. To the Reader BE not startled to see so great a subject handled in so small a Volume When you have read but a little of this little you 'll thinke the Authour was tender of your trouble but not of his own For how cheape soever you come by this Book it cost the Author the perusall and search of the best and most Records of our Nation And yet hee was one that knew well enough how to value his time for none made better use of it and in these kinds of Scrutinies you may beleeve he went the best way because hee knew them all and trod them every day it being his Office not to be ignorant of any Records that concern'd the Honour or Antiquitie of this Island It was written at the request of a great Person who desir'd to understand the true State of the Question concerning the Dominion of the British Seas as well what Histories as our own Records would afford And here 't is done in a little roome for the Author was able to speake fully and briefly both at once Some others have written of the same Subject and if wee thought any spake more or so much in so short compasse wee should forbeare the publication of this Wee are borne in an Island and cannot goe out of it without asking leave of the Sea and Winde and not to know what Right we have to that Water which divides us from all the World is something ill becoming such as can read and may know for reading The Title is not too bigge for the Booke though one of the greatest Ships of the World was call'd by the same name and if some knowing Persons bee not deceiv'd our Author was the first that hinted it having written this Discourse three yeares before that famous Vessell was built Farewell The Soveraigntie Of the Seas of ENGLAND THat Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea and in the passage â—ishing shores therof â—s so evidently true by way of fact as no man that is not desperately â—â—pudent can deny it and for the point of right though some of late have endeavored by way of argument to prove the contrary affirming them to be not onely publique but common yet the notorious practise of all Maritime Countries the necessity of Order in mutuall commerce and the safety of mens persons goods lives had taught even the most barbarous Nations to know by the light of humane reason that lawes are as equally necessary for the governement and preservation of such as frequent quent the Seas as of those that trade and negotiate on the firme land And that to make lawes and to give them the life of execution must of necessity require a supreame authority for to leave every part of the Sea and shores to an arbitrary and promiscuous use with-a correcting and securing power in case of wrong or danger is to make men of the like condition with the fishes that live therein of which the greater doe usually devoure and swallow the lesse I conceive therefore that Princes doe entertaine these Schoole Problems and Criticismes no otherwise then with contempt and scorne much disdaining to bee wrangled out of the ancient rights regalities annexed to their crownes by the subtile Arguments of witt and Sophistrie specially considering that amongst the Civill Lawyers themselves there is so great diversity of opinion whilst some peremptorily maintaine That Mare littora maris jure Gentium sunt communia Others as confidently saying Videmus de jure Gentium in mare esse distincta dominia sicut in terra And further mare ipsum ad centum usque milliaria pro territorio districtuque illius Regionis eviproxim appropinquat assignatur with many other like alterations diameter wife contradictorie the one to the other And therefore the question being not as yet resolved amongst themselves it were strange to thinke that Princes in the meane time will relinquish the possession of those Royalties which they and their Ancestors have held beyond all memory without a judgement first agreed upon and affirmed in the case And for his sacred Majesty our dread Soveraigne Lord the King such is his cleare and indubitable right to the Superiority of the Seas of England derived and confirmed upon him by immemorable prescription and continued in possession even untill this very yeare 1633. that the hearts and consciences of all just men must necessarily subscribe to the evident truth thereof But if contrariewise any shall presume and goe about actually to dispossesse his Majestie of this his undoubted birthright or usurpe upon his Soveraigntie in a case so highly concerning his honour and safety as well of his owne kingdomes and subjects as of other Nations that under the wing of his protection doe passe those Seas his Majestie no doubt will never be unprovided of a good sword to vindicate that right which all his royall progenitors have carefully maintained the lawes and customes of this kingdome have ratified and confirmed forraigne Nations have freely acknowledged as by the subsequent monumeÌ„ts of Record History the CoÌ„mon lawes of the land will evidently appeare When Julius Caesar first undertook the Invasion of this our Isle of Brittaine he found the neighbouring Nation of the Gaules in a manner altogether ignorant of the Island it selfe the condition of the Inhabitants their Townes Havens approaches Quae omnia fere Gallis erant incognita neque enim temere praeter mercatores adit ad illos quisquam neque eis ipsis quidquam praeter oram Maritimam atque eas Regiones quae sunt contra Galliam notum est So are the words of Caesar whereby it appeareth that the Brittains kept off all Strangers except Merchants from approaching their confines that those Merchants in their accesse were restrained to the shore only that lay opposite to the Gaules without being suffered to make further discoveries of the more remote coasts Insomuch that the same Caesar upon diligent examination of those Merchants Neque quanta esset Insulae magnitudo neque quae quantae Nationes incolerent neque quem usum belli haberent aut quibus institutis uterentur neque qui essent ad majorum naviuÌ„ multitudineÌ„ idonei portus reperire poterat which restaint of strangers they could not otherwise make good but by the goodnes greatnes of their Shipping as may be gathered by the words of the same Caesar afterwards used For though the Brittaines for ordinary imployment Rivers and upon the Coasts neare the maine had Ships composed of meane
by their Subjects contrary to the peace formerly made between them at Paris before which the Commissioners the Agents or Procurators as the Record nameth them for the Maritime coasts of the greatest part of the Christian world of Genoa Spain Germany Holland Zealand Freezland Denmarke and Norway made this remarkable acknowledgment and declaration following which out of the old French of that time I have rendred into English the title whereof is thus in Latine De superioritate Maris Angliae jure officii Admirallatus in codem To our Lords Auditors deputed by the Kings of England of France to redresse the damages done to the people of their Kingdoms and of other Territories subject to their Dominions by sea and by land in time of peace and truce The Procurators of the Prelates Nobles and Admirall of the sea of England and of the Comminalties of Cities and Townes and of Merchants Marriners Messengers Pilgrims and of all other of the said Kingdome of England and the Territories subject to the Dominions of the sayd King of England and of other places as of the Sea-coasts of Genoa Cataloigna Spaine Almaigne Zealand Holland Freezland Denmarke and Norway and of divers other places of the Empire doe shew That whereas the Kings of England by reason of the sayd Kingdome from time whereof there is no memory to the contrary have been in peaceable possession of the Dominion of the Sea of England and of the Isles being in the same in making and establishing Lawes and Statutes and restraints of Armes and of Ships otherwise furnished then to ships of merchandize appertaineth and in taking suretie and affording safeguard in all cases where need shall be in ordering of all other things necessary for maintaining of Peace Right and Equity amongst all manner of people as well of other Dominions as of their owne passing through the said Seas and the Soveraign guard thereof and in doing Justice Right and Law according to the said Lawes Ordinances and Restraints and in all other things which may appertaine to the exercise of soveraigne dominion in the places aforsayd And A. de B. Admirall of the Sea deputed by the King of England and all other Admiralls ordained by the sayd King of England had been in peaceable possession of the soveraigne guard with the cognizance of Justice and all other the appurtenances aforesayd except in case of Appeale and of complaint made of them to their Soveraignes the Kings of England in default of Justice and for evill Judgement and especially in making Restraints doing of Justice and taking surety of the peace of all manner of people using Armes in the said Sea and carrying Ships otherwise furnished and set forth then to Merchants Ships appertaineth and in all other points where a man may have reasonable cause to suspect them of Robbery or of other misdemeanours And whereas the Masters of the ships of the sayd Kingdome of England in the absence of the sayd Admirall hath been in peaceable possession of taking Cognizance and judging all actions done in the sayd Sea betweene all manner of people according to the said lawes Statutes restraints and customes And whereas in the said first Article of confederation lately made betweene the said Kings in the treatie upon the last peace at Paris are comprised the words which follow in a Schedule annexed to these presents First it is estreated and accorded betweene us and the messengers and Procurators aforesaid in the names of the said Kings That the said Kings shall from this time forward be one to the other good true and loyall friends and ayding against all men save the Church of Rome in such manner as if any one or more whatsoever they be would disinherit hinder or molest the said Kings in the Franchises liberties priviledges rights dueties customes of them and of their Kingdomes they shall bee good and loyall friends and ayding against all men that may live and die to defend keepe and maintaine the Franchises liberties priviledges rights duties and customes abovesaid except to the King of England Mounsieur Iohn Duke of Brabant in Brabant and his heires descended of him and of the daughter of the King of England and except to our foresaid Lord the King of France the excellent Prince Mounsieur Dubart King of Almaigne and Mounsieur Iohn Earle of Anhault in Anhault and that the one shall not be of Counsell or ayding where the other may lose life member estate or temporali honour Mounsieur Reyner Grimbald master of the said Navy of the said King of France who names himselfe Admirall of the said Sea deputed by his Lord aforesaid in his warre against the Flemmings after the said confederation made established and against the forme and force of the said confederation and the intention of them that made it wrongfully assumed the office of the admiraltie in the said Sea of England by the commission of the King of France and used the same one year more taking the people and Merchants of the kingdome of England and of other places passing through the said Sea with their goods delivered the people so taken to the prison of the said Lord the King of France in the Ports of his said kingdome as to him forfeited and accrewing And the taking and detayning of the said people with their said goods and Merchandise as also his said judgement and award hath justified before the Lords Auditors in writing by vertue of the authoritie of his said commission of the Admiraltie aforesaid by himselfe usurped and during a restraint generally made by the King of England by reason of his power and according to the forme of their articles of the confederation aforesaid which conteineth the words underwritten requiring that he might be acquitted and absolved of the same to the great dammage and prejudice of the King of England the Prelates Nobles and others above named Wherefore the said procurators in the names of their said Lords doe pray your Lordships Auditors aforesaid that you cause due and speedie deliverie of the said people with their goods and Merchandise so taken and detained to be made to the Admirall of the said King of England to whom the Cognizance of the same of right appertaineth as is before expressed So that without the disturbance of you or any other hee may take Cognizance therof and to doe that which appertaineth to his office aforesaid And the said Mounsieur Reyner Grimbald bee condemned and constrained to make satisfaction to all the said parties dampnifyed so far forth as hee shall be able and in his default his said Lord the King of France by whom he was deputed in the said Office And that after due satisfaction made to the parties dampnified the said Mounsieur Reyner bee so duly punished for the violation of the sayd confederation that his punishment may bee an example to others in time to come In the Record these memorable points are to be observed First That
protection allowed before this day But afterwards an expresse writ came out of the Chauncerie commanding the protection to be allowed A child borne upon the Kings Seas is not an Alien by the common law Tempore Edw. 1. a replevin was brought of a Ship taken upon the wast of Scarborough on the sea and from thence carried into the Countie of Norfolke to which Mutford tooke two exceptions one because no certaine Towne or place was named from whence the visne should come for the wast extendeth foure leagues Secondly because of a thing done upon the Sea this Court cannot have cognizance To which Justice Beresford said that the king will that peace be kept as well upon the Sea as upon the land and we finde that you are come in upon due proces and so no cause but that you should make answer Doctor and Student saith that the king is Lord of the narrow Seas as bound to scowre the sea of Pirates and petty Robbers and therefore shall have wreck of the sea By the common Law the King shall have Flostan Jestan and Ligan Flostan being such Goods as after shipwrack doe floate upon the superficies of the water Jestan are all manner of goods that the Marriners being in danger do cast out of the ship perished By Ligan is understood all things that are ponderous and in shipwrack doe sinke to the ground and bottome of the sea By all which presidents it is manifest that by the common Law of the land the king is proprietory Lord of our seas that the seas of England are under the legeance of the king that the king is the soveraigne conservator of the peace as well upon the sea as land That not onely things floating on the superficies of the water but such as lye upon the soile or ground thereof belong properly unto the king whereupon I conclude That Rex Maris imperio Dominio et fundo possidet And that it may appeare how great a King the King of England is by reason of this his soveraignty and dominion it will not bee amisse to take a view of the inestimable riches and commodities which besides ourselves other nations our neighbours doe daily reape especially by fishing in our seas insomuch that no Christian Prince of the world is Lord of any Territory that considering all circumstances yeeldeth the like constant and generall benefit for proofe whereof I will briefly set downe such observations as others have heretofore made and we our selves find by daily experience to be true beyond all exception The inestimable Riches and Commodities of the Brittish Seas THE Coasts of Great Brittaine doe yeeld such a continuall Sea-harvest of gaine and benefit to all those that with diligence doe labour in the same that no time or season in the yeare passeth in the yeare passeth away without some apparent meanes of profitable imployment especially to such as apply themselves to fishing which from the beginning of the yeare unto the latter end continueth upon some part or other upon our Coasts and therein such infinite shoales and multitudes of fishes are offered to the takers as may justly move admiration not only to strangers but to those that daily bee imployed amongst them The Summer fishing for herring begineth about Midsommer and lasteth some part of August The winter fishing for herring lasteth from September to the midst of November both which extend in place from Boughones in Scotland to the Thames mouth The fishing for Cod at Alamby Wirlington and White haven neare the coast of Lancashire from Easter untill Whitsontide The fishing for Hake at Aberdeny Abveswhich and other places betweene Wales and Ireland from Whitsontide to Saint Iames tide The fishing of Cod and Ling about Padstow within the land and of Severne from Christmas to Midlent The fishing for Cod on the West part of Ireland frequented by those of Biscay Galicia and Portugall from the beginning of Aprill untill the end of Iune The fishing for Cod and Linge on the North and Northeast of Ireland from Christmas untill Michealmas The fishing for Pilchers on the west coast of England from St. Iames tide untill Michaelmas The fishing for Cod and Ling upon the Northeast of England from Easter untill Midsommer The fishing of great Staple Ling and many other sorts of fish lying about the Ilands of Scotland and in the severall parts of the Brittish Seas all the yeare long In September not many yeares since upon the Coast of Devonshire neare Minigall 500 Tonne of fish were taken in one day And about the same time three thousand pound worth of fish in one day were taken at St Ives in Cornew all by small boates and other poore provisions Our five-men-boats and cobles adventuring in a calme to launch out amongst the Holland Busses not far from Robin-hoods Bay returned to Whitby full fraught with herrings and reported that they saw some of those Busses take 10. 20. 24. lasts at a draught of herrings and returned into their owne Country with 40. 50. and 100. lasts of herrings in one Busse Our Fleete of colliers not many yeares since returning from Newcastle laden with coales about the well neare Flanborough head and Scarborough met with such multitudes of Cod Ling and herring that one amongst the rest with certaine shiphookes and other like Instruments drew up as much cod and Ling in a little space of time as were sold well neare for as much as her whole lading of coale And many hundred of ships might have bin there laden in two daies and two nights Out of which wonderfull affluence and abundance of fish swarming in our seas that wee may the better pereceive the infinite gaine which forraine Nations make I will especially insist upon the fishing of the Hollanders in our Coasts and thereby shew how by this meanes principally they have increased 1. In Shipping 2. In Marriners 3. In Trade 4. In Townes and Fortifications 5. In Power externe or abroade 6. In publique Revenue 7. In private wealth 8. In all manner of Provisions and store of things necessary 1. Encrease of Shipping BEsides 700. Strand boates 400. Evars and 400. Sullits Drivers and Todboates wherewith the Hollanders fish upon their owne coasts every one of those imploying another ship to fetch salt and carry their fish into other countries being in all 3000. saile maintaining and setting on worke at least 4000. persons Fishers Tradesmen Women and Children They have 100. Doyer boates of 150. Tunnes a peece or there abouts 700. Pincks and Well-boats from 60. to 100. Tuns a peece which altogether fish upon the coasts of England and Scotland for Cod and Ling onely And each of these employ another vessell for providing of salt and transporting of their Fish making in all 1600. ships which maintain and imploy persons of all sorts 4000. at least For the Herring season they have 1600. Busses at the least all of them fishing onely upon our coasts from Boughonnesse in Scotland to the mouth of Thames And
stuffe having their Keeles and Ribs made of slight timber and the rest of the Hull rooven up with Osyers covered with leather Carinae Primum ac statumina ex levi materia fiebant reliquum corpus navinm viminibus contectum coriis tegebatur From whence Caesar tooke his patterne of those Ships which hee was forced to frame on the sudden for passing his Army over the River neare Ilerda in Spaine without wch he had utterly lost both it and himselfe yet had they and their Confederates other shipping of so great bulk strength withal so serviceable in fight at sea that Caesar in their description preferreth them far before those of the Romanes for in the Navall preparations made by the Gaules of Venice neare the mouth of the River Loyer wherein hee expresly saith that they had Auxilia supplies from the opposite part of Brittaine he setteth forth their Ships in such manner as considering the time may justly move admiration Ipsorum Naves saith he ad hunc modum factae armataeque erant Carinae aliquanto planiores quam nostrarum Navium quo facilius vada ac decessum aestus excipere possent prorae admodum erectae atque item puppes ad magnitudinem fluctuum tempestatumque accomodatae Naves totae factae ex robore c. And againe Neque enim his nostrae rostro nocere poterant tanta erat firmitudo neque propter altitudinem facile telum adjiceb atur Et eadem de causa minus commode scopulis continebantur Accedeb ant ut cum saevire ventus cae pisset se vento dedissent tempestatem ferrent facilius in vadis considerent tutius ab aestu derelicta nihil saxa cantes timerent And presently after circiter ccxx Naves eorum paratissimae atque omni genere armorum ornatissimae è portu profectae nostris adversae constiterunt Neque satis Bruto qui classi praeerat Neque Tribunis militum Centurionibusquequibus singulae naves erant attributae constabat quid agerent aut quam rationē pugnae institerent Rostrā enim noceri non posse cognoverant turbibus artem excitatis tamen has altitu do puppium ex barbaris navibus super abat ut neque ex inferiori loco satis commodè tela adjici possent missa à Gallis gravins acciderent And that the Brittaines not onely at this time but in most of those Warres of the Gaules did send them aydes and supplies against the Romanes the words of Caesar evidently declare who intending to invade their country pretended no other quarrell then Quod omnibus ferè Gallicis hostibus nostris inde subministrata auxilia intelligebat Yet these three confederates and neighbours the Gaules they permitted not freely to passe the Brittish seas but kept them from knowing so much as their opposite coasts save onely by way of Trade and Merchandize And this to certaine appointed places neare the sea-shoares where the knowne Marts and Staples were appointed for commerce and traffique By all which it manifestly appeareth that before the Roman conquest the Brittish Nation had the supreame power and command of their owne Seas without the competition of any other Nation whatsoever So likewise when the Romans had made themselves possessorie Lords of the Island and the Soveraigntie of the Seas thereunto belonging was in them and accordingly continued and was maintained without incroachment or pretence of title thereunto made by the other But when the Civill warres and distraction of the Roman Empire had by exhausting of the flower of the Brittaine youth so much infeebled the Nation as inforced them to call in the Saxons to their ayde against the Picts their insolent neighbours for suppressing the nationall factions growne up amongst themselves and those Saxons working upon the weaknesse of the Brittaines had expelled them from the better parts of the Kingdome though for a time they were diverted from setling their owne affaires by the powerfull invasions of the Danes and their homebred quarrels grown by reason of the severall pettie Kingdomes of their Heptarchie yet when they were all reduced under one head they forgot not to assume their right of Soveraignty in the seas of England As did the most noble Edgar who in the glorious title of his Charters yet extant of those times speaketh as followeth Altitonantis Dei largiflua clementia qui est Rex Regum Ego Edgarus Anglorum Basileus omnium-que rerum Insularum Oceani quae Brittaniam circumjacent cunctarumque Nationum quae infra eam includuntur Imperator dominus c. And for maintenance of this his Soveraigntie he continually kept in readinesse a Navy of foure hundred ships which being divided into foure severall Fleets of one hundred Ships a peece did every yeare after Easter take their course to the four quarters of England where they remained to guarde and scowre the Seas untill winter following So saith Ranulphus Cestrensis Idem quoque Edgarus 400 Naves congregavit ex quibus omni anno post festum Paschale 100 Naves ad quamlibet Augliae partem statuit sic aestate Insulam circumnavigavit hyeme vero iudicia in Provincia exercuit Etheldred after Edgar for defence of the Seas and kingdomes caused of every three hundred and ten hides of land a shippe to be built which meeting at Sandwich made the greatest Navy that ever this kingdome set forth to Sea And Canutus the Dane coming not long after to be King first of halfe the Realme by by composition betweene him and Edmund Ironside and after the death of Edmond of the whole Survivorshippe did fôr his owne time as his Successors of the Danish race after him preserve the Seas of the Kingdome in their former estate without admitting any the neighbour Princes to have any dominion in any part thereof And so they remained in the time of the Confessor untill the conquest made by William Duke of Normandie in whose raign and for many discents after him the Soveraigntie of the said Seas was so far from being evicted that it was never so much as questioned by any Nation untill the time of Edward the first about the yeare 1299. and the six and twentieth of his raigne At which time the King of France being upon termes of hostilitie with those of Flanders did by his Commission constitute one Reyner Grimbald Admirall of his Navy which he then sent forth against the Flemmings by vertue of which Commission Grimbald in passing to and againe in the Seas of England tooke upon him Soveraigne Jurisdiction as Admirall unto the French King in those Seas taking the people and Merchants of England and other Nations and carrying them into France where he caused them to abide his judgement and a ward concerning their goods and Merchandice But shortly after the Kings of England and of France appointed by agreement certain Commissioners termeed Auditors in the Record to heare and redresse the wrongs interchangably done
prohibit all other wafters whatsoever that presumed to take that office upon them and to commit them to prison there to attend the Kings pleasure To this effect the venerable Camden in his description of the North riding of Yorkshire saith that the Hollanders in their fishing for herring upon the Northcoasts of England did first obtaine licence of Scarborough Castle for to doe But that which is most materiall to the Soveraigne command and proprietie of our King in this point of fishing especially appeareth in that all Neighbour Princes have by treatie obtained licence for their Subjects to fish in our seas As in truce and abstinence of war agreed betweene Henry the fourth and the French to the intent the Fishermen might fish in all parts the King sent forth his Letters as followeth Le Roy au toutz nous Admiralls a fin qu'en cest present herringinson les poissonniers de l'un pertie de l'auter puissoint peshenre plus seurement in le mere les Herrings touts autres poissons entre le haven de Scarborough de fin de pays de Flanders verle East dillonques sur le coast de Angleterre insanes an haven de Southampton sur le coast du Royanne de Frence de le dit fin de tout le dit pays de Flanders nisques a riviere de Sound sc. voulomus avomus ordonne oustre ordonnomus ottryons per ses presents Que touts les poissonniers de la dite partie de France poissoynt pesher seurement les herrens toutz autres pessons durant cest herringnison nisques an primer jour de Januarie prochainment a vener denis entre les bounds dessus limites The like liberty was granted by treaty between Henry the sixt and the Dutchesse of Burgundy to those of Brabant and Flanders witnessed by the Record following Rex omnibus ad quos c. Inspeximus quasdam continuationem prorogationem elargationem nuper facta super facto intercur sus commutationis Merchandiz Piscariae maris aliarum rerum necessarium ad utilitatem communem nostrorum regni Angliae dominii Hiberniae et villae Caliciae ex una parte et Ducatus Comitatus patriae Brabantiae Flandriae et Dominii villae Machlinae ex altera parte Amongst other Articles this is one Item et touts pecheurs tam de Angleterre Ireland et Calais peaceablement aller partont sur le mer pur pischer et gaigner leur venvre fans impeachment on disturber de l'vne partie on de l'auter So in a Truce to endure for thirty yeares between the King of England and his heires on the one party and the Duke of Burgundy and his heires on the other part One Article is Item et touts pecheurs tam D'angleter quam d'Ireland et de Calais sicome de pais de Mon Sur le Duke quelqueles soyent purront peaceablement aller par tout sur le mer pur pescher et sans 〈◊〉 lour so it be saigne sur ceo requirer ou obtitiner asc licence conge ou sau◠conduict etc. The like in a truce and abstinence of War to endure the space of thirty yeares betweene Edward the fourth and his heires on the one part and Francis Duke of Brittaine on the other part where one Article is Item et touts pescheurs tam D'angleter ' sicome du dit pais et Duche de Britaigne quelqueles soyent purront peaceablement aller par tout sur mer pur pescher et gaigner lour unture sans impeachment ou disturber delv'ne partie au de la'uter et sans ceo lour soit besaigne sur ceo requirer sans conduct Moreover Philip the second King of Spaine in the first yeare of Queen Mary obtained license for his subjects to fish upon the North coast of Ireland for the terme of one and twenty yeares paying yearly for the same a thousand pound which was accordingly brought into the Exchequer of Ireland and received of Sir Henry Fitton being then Treasurer there as his sonne Sir Edward Fitton hath often testified To conclude this point It is notorious that at this day the King of France as others of his predecessors have done by the speciall license of the King of England fisheth upon our Coasts neare Rye with a set and limited number of small boates and that onely for provision of his own houshold being tyed to observe the Orders and Lawes of his owne Fishermen for breach whereof divers of his Subjects of late years have been taken and imprisoned in Dover Castle and elswhere Nor doth the King of England in these particulars claime or use any exorbitant Jurisdictions and differing from that of other States and Princes in like case who generally give Aliens lawes to passe or fish in the seas coasting upon their Territories And also impose Taxes and Tributes for their owne profit and commodity The Emperour of Russia compelleth all Fishermen within the Seas though it be many Leagues from the Maine to pay him Tribute In Scotland and other Islands under the King of Swede they are enforced to pay Taxes The King of Denmarke at his Wardhouse in the Sound hath for a Licence a Doller and for the Seale or Rose a Noble of every Ship and for every last of Herrings being 12 barrels a Doller The Duke of Medina Sidonia in Spaine hath his greatest revenues out of the Taxes layed upon Fishermen for their fishing in Tourney All Princes of Italy bordering upon the Seas receive a proportion of like benefit And the Hollanders themselves impose taxes on the fishes taken by their owne Fishermen in our Seas Now for the King of Englands Soveraignty in opening and stopping the passage of his Seas the presidents of ancient times imbarging and staying not onely Pyrates or Enemies but friends also that were suspected to trade with Enemies or had done particular wrong to the English subjects or upon some other urgent occasion or reason of State are so frequent in Record of Story that the transcribing and reading of a thing so generally known would certainly bee esteemed losse of time labour I remember those of Hamborough and other Easterlings though in amitie with us in the late raigne of Queene Elizabeth of famous memory were notwithstanding stayed from passing through our Seas towards Spain and good prize made of all other Nations that attempted to doe the like without license first had and obtained from hence I will therefore only note by the way to this purpose that strangers being to passe through our Seas either in coming to us or going to any other place without so much as touching upon any of the King of Englands Countries have used to take safe conducts and licenses of our Kings to secure them and protect them in their passage thereby acknowledging the right of their superiotie in this behalfe in the Seas Of
which sort amongst many the recitall of these two shall suffice Rex per literas suas patentes per triennium duraturas suscepit in salvum securum conductum suum ac in protectionem tuitionem defensionem suas speciales Edw. Sygal et Opicinum Lomeline de Jean Mercatores cum bonis Merchandizis suis in quibusdam Bargis Carakis sive navibus in partibus Janus carcatis alibi carcandis ab iisdem partibus in Regnum Dominum et potestatem nostra veniendam et exinde ad partes suas proprias tam per terram quam per mare transeundo et redeundo This was granted to certaine Merchants comming with their Shippes and goods out of Italy into England That which followeth was to those which passed the Seas as well to other places ubicunque placuerit as this kingdome Rex per literas suas patentes de gratia sua speciali suscepit in salvum securum conductum suum ac in protectionem tuitionem defensionem suas speciales Robertum Forrester Rogerum de Clerk Leonardum Blanch Johannem de Conwillis Mercatores de Normania et eorum quemlibet ac factores Attornatos et servientes suos et quemlibet eorum in regnum Regis Angliae ac alia Dominia Jurisdictiones et territoria Regis Angliae quaecunque vel alibi ubicunque eis placuerit cum una nave vocatale grace de Dieu de Roven portage 90. Doliorum vel infra unde Johannes de Bognas Nundinas de Basher Martinus Hunday Johannes de Blanch Johannes Massey vel Wilielmus Emry est Magister Quibusdam bonis vel Merchandizis carcatae et cum 20. Marinariis et uno pagetto vel infra pro gubernatione ejusdem Navis nec non pro rebus hernesiis et aliis armaturis quibuscunque pro corporibus corum et pro defensione ejusdem navis necessariis et defensibilibus secum habendis et ferendic It remaineth to shew that by reason of this prerogative and soveraigntie all manner of wrecks and royall fishes taken in our seas are due unto the King of England onely or unto such unto whom by special charters they have granted the same For manifestation hereof although the known and continued practise might suffice we are to take notice that by the fundamentall Laws of this Kingdome the King shall have wreack of the sea all Whales and Sturgions taken therein with Porpoyces and other royall fishes And for declaration of this Law the Statute made 17 Edw. 2. concerning the Kings prerogative saith Item Rex habebit wreccum maris per totum regnum Balenas et Sturgiones captas in mare vel alibi infra regnum exceptis quibusdam privilegiatis locis per Regem So likewise Porpoyces are adjudged to belong unto the King unlesse any man can claime the same by Charter or Prescription and accordingly in ancient Charters granted by our Kings to particular places and persons and among other liberties wreccum maris is usually passed by special words arguing the Kings soveraigne right and power to dispose thereof at his pleasure by vertue whereof Wreck at this day is taken and enjoyed by many as well Towns and Corporations as private men But for cleare proofe of the right and practise of this Soveraignty the Record following is very remarkable and not to be omitted In a plea betweene Peter de St. Cleere the Abbat of Cherbourgh and Godfery de Carteret Attorney for the Prior the name of the Monasterie is worne out of the Record concerning 2 Tuns of Wine found by certain Marriners in alto Mari and by them brought to land through certain places where the said parties claimed to have liberty of wreck After long debate and full hearing of the case recited at length in the Record the conclusion and judgement is as followeth Et Willielmus de Marciis qui sequitur pro Domino Rege dicit quod nullus eorum petere potest praedicta vina et wreccum quia dicit quod ea tantummodo sunt wreccum quae fluctus Maris projiciunt ad terram vel infra portum vel tam prope terrm quod astantihus in terra possint perpendi et sic ducantur vel trahentur ad portum et ea quae reperta sunt in alto Mari unde wreccum non existit quod fluctus Maris ea vellent projicere sed per laborem Marrinariorum leventur à Mari et ponantur in Navi vel batello et sic invasi ducantur ad terram et non tangunt terram alicujus per trahimitronem nec alio quovismodo non possunt sed sunt tantummodo de adventuris maris de quibus nullus potest aliquid clamare nisi salvatores et Dominus Rex concessit libertatem percipiendi hujusmodi adventuras Et petit judicium pro Domino Rege Et praedictus Petrus et alii non possunt hoc dedicere Et ideo consideratum est quod praedicta vina remaneant Domino Regi salva salvatoribus parte sua et Petrus et alii in misericordia pro falso clamore Postea unum de praedictis doliis concessum fuit praedicto priori pro LXs de parte sua et de XXs residuis respondet Domino Regi Whence wee are to observe that all findings or things floating in alto Mari and consequently the maine Sea or Channell it self belongeth to the King of which those that finde the same are to have two parts of three for their share in respect of their paines and the other third part is due to the King For conclusion of that which hath been shewed already I have thought fit to adde such presidents out of the municipall and common Lawes of the kingdome marshalled together in one body or classis as do affirme this the King of Englands Prerogative and supreame Jurisdiction in and over the Seas which being severally applyed to such heads as are formerly set downe will evidently evict the truth thereof Bracton in his booke de acquirendo rerum dominio saith Si autem insula in mari nata est quod raro accidit occupantis sit per consequens Regis propter suum privi legium The same Bracton affirmeth that one of the Articles to bee enquired before the Justices Merchants was de purpresturis factis super dominum Regem sive in mari c. 6. R. 2. upon an action of debt the defendant sued forth a protection At which time Justice Belknapp tooke exception saying the protection is quia profecturus est super mare with G. K. Ad mirall and you never saw protection allowed of if the partie did not goe out of the legiance of the King of England in the parts of Scotland Gascoignie or France But the Sea is of the legeance of the King of his Crowne of England wherefore it seemeth the protection is allowable and you never saw such a
but presently put forth for more and seeke for Markets abroad as well as at home wheras our English after they had bin once at Sea doe commonly never returne againe untill all the money taken for their fish be spent and they in debt seeking only to serve the next Market 6. The Hollanders have certaine Merchants who during the herring season doe onely come to the places where the Busses arrive and joyning together in severall companies doe presently agree for the lading of 30. or 40. Busses at once and so being discharged they may speedily returne to their former shipping wheras our fishermen are uncertaine of their chapmen and forced to spend much time in putting off their fish by parcells These and other defects would carefully be taken into consideration and certaine orders made to make our fishing prosperous and and successefull especially considering the carefull mischiefes the neglect hereof hath brought to the King and Kingdome in generall and to many good townes and Corporations in particular as by authority even of Parliament it selfe in the Statute of 33. Hen. the eight is plainly testified which I have summarily here set downe to avoid the prolixitie of the originall Because the English fisher-men dwelling on the Sea coasts did leave off their trade of fishing in our Seas and went the halfe Seas over and there upon the Seas did buy fish of Pickards Flemmings Normans and Zelanders by reason whereof many incommodities did grow to the Realme viz. the decay of the wealth and prosperitie as well of the Cinque Ports and Members of the same as of other coast townes by the Sea side which were builded and inhabited by great multitudes of people by reason of using and exercising the craft and feate of fishing Secondly the decay of a great number of boats and Ships And thirdly the decay of many good Marriners both able in bodie by their diligence labour and continuall exercise of fishing and expert by reason thereof in the knowledge of the Sea-coasts as well within this Realme as in other parts beyond the Seas It was therefore enacted that no manner of persons English Denizens or strangers at that time or any time after dwelling in England should buy any fish of any strangers in the said Ports of Flanders Zeland Picardy France or upon the Sea betweene shore and shore c. This act by many continuances was continued from Parliament to Parliament untill the first of Queene Marie and from thence to the end of the next Parliament and then expired For conclusion seeing by that which hath formerly bin declared it evidently appeareth that the Kings of England by immemorable prescription continuall usage and possession the acknowledgment of all our neighbour States and the municipall lawes of the Kingdome have ever held the Soveraigne Lordship of the Seas of England and that unto his Majestie by reason of his Soveraigntie the supreame command and Jurisdiction over the passage and fishing in the same rightfully appertaineth considering also the naturall scite of those our Seas that interpose themselves betweene the great Northerne commerce of that of the whole world and that of the East West and Southerne Clymates and withall the infinite commodities that by fishing in the same is daily made It cannot be doubted but his Majesty by means of his owne excellent wisdome and vertue and by the Industry of his faithfull Subjects and people may easily without Injustice to any Prince or person whatsoever be made the greatest Monarch for Command and Wealth and his people the most opulent and flourishing Nation of any other in the world And this the rather for that his Majesty is now absolute Commander of the Brittish Isle and hath also enlarged his Dominions over a great part of the Westerne Indies by meanes of which extent of Empire crossing in a manner the whole Ocean the trade and persons of all Nations moving from one part of the World to the other must of necessitie first or last come within compasse of his power and jurisdiction And therefore the Soveraignty of our Seas being the most precious Jewell of his Majesties Crowne and next under God the principall meanes of our Wealth and Safetie all true English hearts and hands are bound by all possible meanes and diiligence to preserve and maintaine the same even with the uttermost hazzard of their lives their goods and fortunes FINIS out Groitus de Mari libero Baldus ad L. dererum dominijs Barthol in Tract. de Insulis Cō de bello Gallic l. 4. fol. 72. m. 8. Ibidem De bello Civil lib. 1. p 233. De bello Gallico lib. 3. pa. 55. Ibidem {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} De bello Gall lib. 4. Ex. Charta fundatiouis Ecclesiae chathed Wigor Ranulphus Cestrensis Record in the Tower of London ariè Record Regis in Tower Inter leges marinas sub fine Pat. 22. E. 4. part 1. in 2. de conductu sive gardia Waftorum piscatorum Camdens Brit. Franc. 8. E. 4. France 11. H. 4. de salvo conductu Rot. Fran. 38 H. 6. de salvo conductu Stat. de Praerog 17. E. 2. cap. 11. Rot. de St. Cleere Iohan. de Frosingfield al Justiciar inhabit Insulis Gersey Gernsey c. anno 2 Ed. 3. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Bracton de acquirendo rerum do minio lib. 2. fo. 19. 6 R. 2. not 1. Mar. ca. 14.