Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	aforesaid_a	hold_v	manor_n	1,351	5	9.9418	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59088	Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.; Mare clausum. English	Selden, John, 1584-1654.; Nedham, Marchamont, 1620-1678.	1652 (1652)	Wing S2432; ESTC R15125	334,213	600

acknowledg that common practice and received custom was for the other part In case saith hee I forbid any man to Fish before my Hous or Roialtie what can bee said may hee sue mee upon an action of Trespass or no The Sea and the shores indeed are common to all as the Aër And it hath been declared that no man can bee prohibited from Fishing or fowling any otherwise then as hee may bee debarr'd from entring upon another man's ground Yet for a man to bee forbidden to Fish before my Hous or Royaltie is the common custom although grounded upon no Law Wherefore if any man bee prohibited hee hath for all that an Action of Trespass Hee grant's it was a received use and custom that subjection should bee thus imposed on the Sea and so a private Dominion thereof bee admitted but least hee should bee found unconstant to his espoused opinion of the communitie of the Sea hee hath presumed to declare it don without any Law or Justice Yet hee himself deliver's his judgment in another place thus The vender or seller of the Geronian Farm imposed such a condition on the Botrojan Farm which hee still kept in his hands that from that time forward no fishing for Tunies should bee used upon the Coast thereof although no private contract can lay a restraint upon the Sea which nature set's open to all Yet in regard honestie and faithful dealing in the agreement require that this Article of the sale bee observed the persons that are in present possession and they that succeed into the said Farm are obliged by the condition of the covenant or bargain In this case the owner of the Botrojan Farm renounceth his right of Fishing And Ulpian might as well have said that restraint or subjection was imposed upon that adjacent Sea as indeed it was but that hee was so unwilling to forgo his Opinion of the Seas unalterable communitie Moreover the purchaser of the Geronian Farm was so fully possessed of the Sea that lay before the Botrojan that by virtue of this subjection really imposed on that Sea-territorie the Owner of the Botrojan Farm could never after justly claim or exercise a privilege of Fishing for Tunies without his permission Whereupon Stephanus Forcatulus once Professor of the Civil Law at Tholose conclude's to the purpose That there is nothing to hinder but that the Sea though common to all may by publick decree bee subjected to a Prince by the same right that hee hold's his adjoyning Kingdom since the same thing may in a manner bee effected by virtue of a private compact Where by private compact hee mean's that concerning the Purchaser of the Geronian Farm as hee himself saith expresly in the same place But the opinion of Ulpianus for a perpetual communitie of the Sea was so entertained as authentick by the Lawyers of the Eastern Empire that there was no Law in force among them whereby an adjacent Sea might bee made appropriate or any man bee debarr'd the libertie of Fishing by the Owner of such Lands as border'd thereupon And if any one were debarr'd hee might have an Action of Trespass Which is manifest enough not onely in the Basilica which before the dismembring of them were a bodie of the Law of the Grecian or Eastern Empire but also by the Decrees established by the Emperor Leo by virtue of which that stale opinion of the communitie of the Sea beeing utterly cashiered as not agreeing with equitie that ancient one of the lawfulness of a possession and private Dominion in the neighboring Sea back't with the Autoritie of other eminent Lawyers was entertain'd again Moreover also it was so firmly ratified by an Imperial Sanction that from that time forward it passed over all the AEgean Sea without controul That Law saith that Eastern Emperor who reigned about the nine hundreth year of our Lord which so take's away the right of possessions bordering on the Sea as to make the Lord thereof liable to an Action of Trespass if hee prohibite others to Fish upon those Coasts in our judgment seem's to determine that which is not equitable or just Hee add's the reason becaus whatsoëver com's into the possession of any man by good and lawful Title whether by succession art and industry or any other way which the Law approve's there is no reason that other men should have the use and benefit thereof without the owners leav Thus the matter beeing duly examined hee judged that hee who held any part of the Sea in the aforesaid manner had a Title grounded upon a very clear Right Therefore saith hee wee decree that every man possess his vestibula or Seas lying before his Lands and bee master of them by an unquestionable right and that hee have power to keep off any persons whatsoëver that go about to enjoy the benefit thereof without his permission And in that which follow 's hee make's the Proprietie of Sea and Land altogether equal The Seas which laie thus in the face of Manors were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sea-Courts or Entries nor did this sanction of Leo serv onely for the ratification of former Titles founded either upon particular possession or any other but ordained in general that every man for the future should bee Lord of that neighboring part of the Sea which laie before or flowed by his Lands although hee had never been possessed thereof before In this very sens it is taken by Constantinus Harmenopulus a Judg of Thessalonica Touching Sea-Courts or Entries by Sea saith hee it is decreed in the thirtieth Novel of the Emperor Leo that every one bee master of that which is adjoyning to his Lands and that power bee given him to prohibit such as at any time go about to make any benefit of these Vestibulas or Entries without his permission Harmenopulus following a different order of the Novels call's that the thirtieth which in the printed Copies is the fiftie-sixth But now how much of the Sea directly forward did pass into the possession of the same person that was Lord of the adjoyning Lands either by antient custom or by virtue of this decree is not yet certainly known nor is it necessarie to our purpose but for latitude even as it were in a field those Vestibulas or Entries of the Sea were bounded by the same limits with the adjacent Lands And it was the custom for particular owners to have their Epoches or Pens for fish which the later Greeks call T 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to saie Nets spread between stakes driven into the Sea but limited upon this condition that every Epoche should bee distant from the other three hundred sixtie-five Cubits if so bee the breadth of Land could conveniently permit And such an equal distance was observed on both sides that a direct line from each Epoche to the extremitie of the Vestibulum or Entrie was extended one hundred eightie two ells and a half but this

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

of Citizens for the conveniencie of larger Fish-ponds bringing the Sea into their grounds made it their own and became Masters thereof with as good a Title as they had to their adjacent Land There beeing saith Varro two kindes of Fish-ponds one of Fresh the other of salt water the former sort are ordinarie and little worth such as our Countrie Fish-ponds that are supplied with water by little streames but those saltwater-Ponds are to bee found in the possessions of Noblemen and are supplied by the Sea as well with Fish as water yet they yield more delight then profit the filling of those Ponds beeing commonly the draining of the Owners purs Now what was this but to becom proprietaries of the Sea so far forth as it was derived or inclosed in their possessions And Columella who lived in the time of Claudius relate's that the Romanes in antient times for the most part used none but in-land Fish-ponds storing them with Spawners of the larger size presently adding Not long after that good husbandrie was laid aside when the wealth and luxurie of the succeeding age made inclosures of the Ocean and Seas themselvs And the yearly Revenue of such Demains which bordered upon the Sea was advanced by those Ponds or Inclosures of the Sea as well as by any Lands Lakes or Vineyards appertaining thereunto The same Columella discoursing hereupon hath this passage But seeing the custom of the times hath so far prevailed that these things are not onely in use but have gotten the reputation of magnificent and noble contrivances wee also least wee should seem morose and importune reprovers of so long and settled a practice will show what profit may redound from them to the Lord of the Manor how hee may rais an incom by the Sea if having made a purchase of Islands or Lands bordering upon the Sea hee cannot reap the fruits of the Earth by reason of that barrenness of the soil which usually is near the Shore So that wee see the Revenues of a Manor were improved by managing the Sea as well as Land and the Possessor was counted Lord of the one no more then of the other This usual right of Dominion over the Sea is mentioned also by S t Ambrose For the serving of their prodigious luxurie saith hee the Earth by digging of channels is forced to admit the Ocean for the making of artificial Islands and bringing litle Seas into their own possessions They challenge to themselvs large portions of the Sea by right and boast that the Fishes like so many bond-slaves have lost their former libertie and are subjected to their service This Creek of the Sea saith one belong's to mee that to another Thus great men divide the Elements among themselvs For Examples there are the Fish-ponds of Lucullus famous for his expensiveness in this kinde Hee having made way through a Mountain near Naples inclosed the Sea and became master of those water-courses which Plutarch call's Sea-Courses and Chases for the breeding of Fish Whereupon Pompey the Great in merriment saith Paterculus was wont to call Lucullus the gowned Xerxes in regard that by damming up of Chanels and digging down Mountains ●ee took the Sea into the Land The same Lucullus saith Plinie digging down a Mountain near Naples at greater charge then hee built his Villa took an arm of the Sea into his Manor which gave occasion to Pompey the Great to call him the gowned Xerxes The same conceit in Plutarch is attributed to Tubero the Stoick That concerning Xerxes is very famous Hoc terrae fiat hâc Mare dixit eat Here run the Sea hee said There let firm Land bee made When hee commanded the Sea to bee brought round about the Mountain Athos And Valerius saith of Caius Sergius Orata That hee might not have the serving of his palate depend upon the pleasure of Neptune hee contrived Seas of his own intercepting the waves with his trenches and so inclosing divers sholes of Fishes with dams that what tempestuous weather soëver happened Orata's Table was never unfurnished with varietie of Dishes The same libertie was used upon the Formian shore by Apollinaris of whose Fish-pond Martial speak's Si quando Nereus sentit AEoli regnum Ridet procellas tuta de suo Mensa Piscina Rhombum pascit Lupos vernas When winds do Lord it o're the Sea fright The Fisher his Table laugh's at their spight By its own private store secur'd from need While captiv'd Pikes and Turbot's Fish-ponds breed All the varietie of Fish which the wider Sea afforded Apollinaris had readie at hand in his Fish-pond which was nothing els but the Sea let in from the shore into his possession Contracta pisces AEquora sentiunt Jactis in altum molibus Such dams are cast into the main The Fish for want of room complain So saith Horace and in another place Caementis licèt occupes Tyrrhenum omne tuis Mare Ponticum though thou thy walls do rais Through all the Tuscan and the Pontick Seas And saith Salust To what purpose should I relate those things which cannot seem credible to any but those who have been eie-witnesses how Mountains have been removed by severall private persons and Seas brought into their places Of this sort were the Fish-ponds of Philippus Hortensius and others all made by taking in the Sea Moreover wee finde that Soveraigntie and Dominion over the Sea hath been somtimes conferred by the Patents of Princes The Emperor Trajan when hee endowed the Citie of Tharsus with Immunities and Privileges besides the Territorie of Land lying about added also a grant of Jurisdiction and Dominion over the river Cydnus and the adjacent Sea as may bee seen in Dion Chrysostom And it is very probable that the Maritimate rights of Neocesarea which Theodorus Balsamon saies were compiled by the Metropolitan of that Citie had respect unto the like Original as also those privileges in the Sea which the Emperor Comnenus granted to a great number of Monasteries according to the same Author The ancient Lawyers also are not silent as touching the Dominion of particular persons in the Sea Paulus one of greatest note among them declare's himself expresly thus Verily whensoëver a proprietie in som part of the Sea belong's to any person that person may sue out an interdict of uti possidetis in case hee bee ●indred from the exercise and enjoyment of his right becaus this matter concern's a private not a publick caus seeing the suit is commenced for the enjoying of a right which ariseth not from a publick but private Title For interdicts are proper to bee used in private cases not in publick Nothing could have been more plainly spoken to show that beyond all controversie hee admit's a private Dominion in the Sea even of single persons Yea Ulpian himself who was so fondly inclined to favor the opinion of a perpetual communitie of the Sea doth sufficiently

XXII THe Objection touching the defect of Limits and and Bounds follow 's next And truly where Dominions are distinguished nothing can bee more desirable then known and certain Bounds in every place Nor was it without caus that Terminus the God of Bounds was received heretofore among the Romanes for the God of Justice But the nature of Bounds is to bee consider'd either upon the Shores or in the open Sea And why Shores should not bee called and reputed lawful Bounds whereon to ground a distinction of Dominion in the Sea as well as Ditches Hedges Meers rows of Trees Mounds and other things used by Surveyors in the bounding of Lands I cannot fully understand Nor is Sylvanus any whit more a Guardian of Bounds then Neptune But yet a very learned man saith there is a Reason in nature why the Sea under the aforesaid consideration cannot bee possessed or made appropriate becaus possession is of no force unless it bee in a thing that is bounded So that Thucydides call s a Land unpossessed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unbounded and Isocrates the Land possessed by the Athenians a Land bounded with Limits But liquid things becaus of themselvs they are not bounded cannot bee possessed save onely as they are conteined in som other thing after which manner Lakes and Ponds are possessed and Rivers also becaus they are conteined within Banks But the Sea is not conteined by the Earth it beeing of equal bigness or bigger then the Earth so that the Antients have affirmed the Earth to bee conteined by the Sea And then hee bring 's divers Testimonies of the Antients whereby it is affirmed more then once that the Sea is the girdle or Bond of this Globe of Earth and that fetching a compass it incloseth all the Parts thereof together and it is very often said by the Antients that the Land is conteined and bounded by the water or Sea as if the whole Earth made as it were one Island beeing surrounded by the Sea But admit it were to bee granted which I suppose neither that learned man nor any other will grant yet I do not well see why the thing conteining should not in truth bee bounded by the thing conteined as well as this by that May not a lesser bodie that is spherical or of any other form beeing conteined by a greater which is every way contiguous to it bee said to bound and limit the Concave of the greater Bodie as well as this to limit the Convex of the lesser But Julius Scaliger saith very well of the Sea and Land That the one is not so conteined by the other but that it may also contein Nor are they so disjoyned from each other but that they may both encroach upon each other and retire by Turns The Sea and Land mutually imbrace one another with crooked windings and turnings this with Peninsula's and Promontories butting forth and Creeks bending inward that working up its waves about all the Passages of its vast Bodie Thus it is evident that the one indifferently set's Bounds to the other no otherwise than Banks and Lakes or Rivers which also appear's more evident in the Caspian Sea that is encompassed with Land And in like manner in the Mediterranean before that Hercules or as the Arabians say Alexander the great did by cutting the Mountains let in the Atlantick Ocean through the streights of Cadiz And thereby it is made up one single Globe wherein divers Seas are bounded as well as the Isles or main Land as it is more clearly proved out of holy Scripture There the waters are gathered together and limited by their Places and Bounds And saith the Lord himself of the Sea I encompassed it with my Bounds and set Bars and Doors and said hitherto shalt thou com but no farther And in another place Hee gave unto the Sea his Bounds his Decree unto the waters that they should not pass their Bounds So that it cannot bee doubted every Sea hath its Bounds on the Shore as the Land it self Nor had I made mention of this Particular had I not found it impugned by so eminent a person And truly there is but a very little more difficultie to finde out Limits and Bounds in the main Sea for distinguishing of private Dominions Wee have high Rocks Shelvs Promontories opposite to each other and Islands dispersed up and down from whence as well direct Lines as crooked windings and turnings and angles may bee made use of for the bounding of a Territorie in the Sea Mille jacent mediae diffusa per aequora terrae Innumeri surgunt Scopuli montésque per altum A thousand Lands within the main do lie Rocks numberless and Mountains rise on high Throughout the deep The antient Cosmographers also reckon up the Seas of the world no otherwise then Towns Rivers Islands and Mountains as beeing no less distinguished from each other by their respective Bounds AEthicus saith Every Globe of Land hath XXX Seas CCCLXX Towns LXXII Islands LVII Rivers and XL Mountains c. After this also hee reckon's the Seas of the Eastern Western Northen and Southern Ocean one after another after the same manner as hee doth the Provinces and their Isles How truly I dispute not but in the mean time hee made no question but that the Seas are sufficiently distinguished by their Names and Bounds Add hereunto that useful invention of the sea-man's Compass and the help of Celestial degrees either of Longitude or Latitude together with the doctrine of Triangles arising therefrom Also in those Plantations that in our time have been carried out of Europe into America the degrees of Latitude and Longitude do serv the Proprietors in stead of Bounds which with as little difficultie are found in the Sea In like manner som would have had the Tropick of Cancer and the Equinoctial Line to have been the Bounds in the Sea for the limiting of that Agreement which was to have been made in the year MDCVIII between the States of the United Provinces and the Hous of Austria And in the late Agreement betwixt the Kings of Great Britain and Spain the Equinoctial Line is the bound appointed in the Sea Other Instances there are of the same nature Eor Sarpedon and Calycadnus two Promontories of Cilicia were designed as Bounds for distinguishing the Dominion of the Sea in that League made betwixt the Romanes and Antiochus King of Syria Also by Decree of the Emperor Leo of which wee have alreadie spoken the Fishing Epoches or Fish-pens that were by men placed in the Sea lying over against their Lands were limited to certain number of Cubits The case was the same likewise touching the Cyanean and Chelidonian Islands in the League made by the Athenians with the King of Persia which hath been mentioned also before Moreover Pope Alexander VI and his Cardinals or the King of Spain's Agents made no scruple touching Bounds of this

him out of the Catalogue of the Admirals of France yet Joannes Tilius placing him among the Governors of the French Navie call's him Roverius Grimaldus Hee also is that Admiral of the King of France who as Joannes de Beka saith had command of three hundred and fiftie Gallies that were sent by Philip the Fair in the year MCCCIV to aid the Hollanders against the Flemings There are also several particulars in the Records of France which relate to the differences then on foot between the English and French And although that Libel or any Copie of it bee not found therein if wee may credit Tilius who set forth a Catalogue of that kinde of Records yet there is that Commission among them whereby the aforesaid Auditors or Commissioners were autorised to determine of things don contrary to the League It is described by Tilius after this manner Pouvoir donè par le Roy Edovard à deux nommez accordez de sa part pour avec les deux eleuz de la part du dit Roy Phelippe d' enquerir amendir les forfaictes durant lour trefue le Dernier Juin MCCCIII Ou tresor layette Procurationes posse potestates Angliae K. Power was given by king Edward to two persons named and appointed on his part to meet with two persons chosen on the behalf of the said king Philip to make enquiry and give remedy touching Injuries committed during the Truce betwixt them the last of June MCCCIII in the Treasury in the Box intituled Procurationes posse potestate●s Angliae K. The Commissions bear date the same day and year whereby these Auditors or Commissioners were appointed for this purpose as wee observed before out of our own Records Nor is it of any force here to the contrarie that Commissioners were somtimes deputed in the same manner by the Princes of the shores on both sides of the Sea as also by the aforesaid Kings to determine complaints about robberies and other injuries usually don by private persons to one another by Sea and Land For if any one will collect thence that the Princes which deputed them had both an equal right in the Sea it may as well bee concluded upon the same ground that they were but part-owners of their own Countries and had an equal interest in each other 's Land Besides in such a kinde of deputation as that there is more regard had of the persons offending that are to bee tried than of the Dominion of Territories which truly is wholly to bee discovered som other way A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second CHAP. XXIX TO these let us add now the assent and voluntarie acknowledgment of the Flemings in the Parlament of England in the Reign of Edward the Second When as the Ambassadors of Robert Earl of Flanders complained of the taking of their Goods away at Sea imploring remedie of the King of England they said more than once that they were taken upon the English Sea towards the parts about Crauden within the power of the King of England and brought into England but that it appertained to the King of England to take cognisance of the crime for that hee is Lord of the said Sea and the aforesaid depredation was committed upon the aforesaid Sea within his Territorie and Jurisdiction which are the words of the Record but I shall set down the whole so far as it relate's to this business Memorandum That whereas for the reformation of certain injuries in an amicable way don by the Subjects of the Earl of Flanders to the Subjects of the Kingdom of England and by the Subjects of the said Kingdom to those of Flanders since the time that our said Lord the king undertook the Government of his kingdom several Treaties had been held between the Council of our said Lord the king and the Ambassadors of the said Earl often sent into England upon the aforesaid occasion which Treaties by reason of som impediments that happened did not a●tem the desired effect at length in the Parlament of our said Lord the king held at Westminster in oc●abis Sancti Micha●lis in the fourteenth year of his Reign there appeared certain Ambassadors of the said Earl to treat about reforming the aforesaid injuries in the form aforesaid And when as the said Ambassadors had been admitted by our said Lord the king to treat anew of this kinde of Iniuries these Ambassadors as other Ambassadors of the aforesaid Earl in the aforesaid Treaties did among other particulars that they required before all things make supplication That the said Lord the king would at his own s●●t by virtue of his Roial Autoritie caus enquirie to bee ma●● and do Justice about a certain depredation la●ely made by the Subiects of England as they said upon the English Sea of Wines and divers other Merchandises belonging to certain men of Flanders towards the parts about CRAUDEN within the Territorie and Jurisdiction of our said Lord the king alleging that the aforesaid Wines and Merchandises taken from the said Flemings were brought within the R●●●m and Jurisdiction of the said Lord the king and that it belong'd to the king himself so to do for that HEE IS LORD OF THE SAID SEA and the aforesaid depredation was made upon the said Sea within his Terr●●or●● and Jurisdiction In conclusion after diligent consideration had of the Premisses in the same Parlament with the Prelates Earls Barons and other Peers of the said Realm beeing there present it was concluded upon their advice by the said Lord King that to preserv the benefit of Peace between the Subjects of England and ●landers the said Lord king do by his Roial Autoritie caus enquirie to bee made about the Goods taken at that time upon the aforesaid English Sea towards the said place of CRAUDEN and brought within the said Realm in those places where the Malefactors went with the goods so taken to the said Land of England and caus the same depredation to bee heard and determined according to Law and Reason and that the Owners of the Ships who had a hand in the said depredation and others who knowingly received the said Offendors with the Goods so taken in whole or in part may bee charged and punished thereupon as partakers of the aforesaid depredation So far that Record And Commissioners were appointed with power of Jurisdiction by the King's Commission through most of the Maritim Counties to make reparation of damages But becaus there are upon the shores over against us especially those of Zealand and there are also upon other neighboring shores besides Inlets of Rivers very many windings and turnings of the Sea flowing in whereby the land is so interwoven up and down that it cannot well bee but that the Sea also which flow's in and oftentimes remove's Banks and make's Harbors there in the same manner almost