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A33599 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 Britain, 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, attributed name. 1672 (1672) Wing C4876B; ESTC R219456 66,598 191

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remain ever the same although the waters themselves do shift and change continually In the Germane Empire according to the Civil Law Rivers are all of them of Publick Use yet for all that they are reckoned in the Emperours private Patrimony Seneca Ep. 39. and amongst the Royalties belonging to his Exchequer So that the Emperour or others by his Grant have a yearly Revenue out of the Fisheries in them Neither is there any thing more common then an Asserting of the Private Dominion of Rivers in the Lawes of France Spain Poland and Venice and in a word of all Nations whose Customes are known seeing therefore that a Dominion and Propriety of Rivers hath been every where acknowledged why should it not in the like manner be acknowledged that there may be Owners of any Sea whatsoever Since the always running and flowing Nature of water can no more hinder a Dominion in the one then in the other for the Rivers themselves are but little Seas as the Sea it self to its fluide Constitution is but a River the one differing only in bignes from the other and so it hath been taken by the Antients In the very History of the Creation all the Gatherings together of the waters are called Seas Many Lakes have been called Seas Tiberias by St. Luke Luke 5.1 is called a Lake but by the other Evangelists a Sea Asphaltites is by Pliny Solinus and others termed a Lake but by Moses in the Fourteenth of Genesis the Salt Sea and by most of the late Writers the Dead Sea They indeed who make use of such frivolous subtilties as these to oppose the Dominion of the Sea deserve to be turned over to the Phylosophers Heraclitus and Epicharmus who taught that every thing is so altered changed and renewed that nothing in this World continues the same as it was in the instant immediately going before Our Bodies saith Seneca are hurried like Rivers whatsoever thou seest runneth with Time Not one of all those things that are visible continueth I even whilest I speak of these changes am changed my self But let such men as dream that the fluide Inconstant Nature of the Sea disproves the private Dominion of it entertain the same opinion if they please with these Men and then they must of necessity grant also that themselves are not Owners or Possessors of Houses Lands or Money or any other thing whatsoever As to that Argument that the water is open to All and therefore by Law it must lye open at all times to all men it is a very trifling Argument Before the first Distribution of things there was no Land which did not lye open unto All before it came under particular Possession In many places payment is made for the use of water as amongst the Hollanders they have in Delph-Land a Custome called Jus Grutae which hath ever been under the care of those Officers called in Dutch Pluymgraven whereby the Beer-Brewers are obliged to pay them the hundreth part for the use of the water Some men may here object that saying of Antonius Forcus in cap. Juris cap. 9. I am Sovereign of the World but the Law is Sovereign of the Sea The True and Genuine sense of those words is this I am Lord of the World because I Govern the World by my own Law but the Rhodian Law is the Law of the Sea because by this Law Justice is administred on the Sea therefore let this case of Eudaemon concerning Navigation be determined by the Rhodian Law so far as none of our Lawes doth oppose the same There is no man unlesse he will renounce his own Reason who will affirme that any Denial is made of the Dominion of the Sea in that Answer or that the least Tittle can be found in it against the Dominion thereof Having thus in general given you an account that almost amongst all Nations there hath been allowed a Private Dominion of the Sea we shall now come more particularly to our selves and acquaint you that the Antient Brittains did Enjoy and Possesse the Sea as Lords thereof before they were subjected to the Roman Power It is upon good ground concluded that the most Antient History whereunto any credit ought to be given about the Affaires of Brittain is not elder then the Time of Cajus Julius Caesar Seld. Marc Clausum 158. the Ages before him being too obscured with Fables but at his coming we finde many clear passages of the Brittains Dominion of the Sea flowing about them especially the South and East part thereof as a perpetual Appendant of the Sovereignty of the Island For at that time they not onely used the Sea as their own for Navigation and Fishing but also permitted none besides Merchants to sayle into the Island without their leave nor any Man at all to view or sound their Sea-Coasts or their Harbours And though at Caesars first Arrival they were Terrified with the sight of his long ships beaked with Brass or Iron and they fled to the shore and from it to the In-lands being not sufficiently provided for such a Sea-fight as was then at hand and which they never had been acquainted with yet most certain it is that they had Vessels of their own in which they used to Coast about the Neighbouring Seas And though mention is made by Writers that commonly they were framed with Twiggs as the fashion 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 De Bello Gallico lib. 9. 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 Zosimus Hist lib. 6. 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