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A30617 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 ... Borough, John, Sir, d. 1643. 1651 (1651) Wing B6129; Wing B3774_CANCELLED; ESTC R10587 24,855 175

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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 ●ishing shores therof ●s so evidently true by way of fact as no man that is not desperately ●●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 monumēts of Record History the Cōmon 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 naviū multitudinē 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