protesting that hee beheld the Divel dancing upon the heap of monie extremely rejoycing whereupon hee immediately commanded to restore it to the former Owners and would not keep one joâ— of so cruel an exaction but remitted it for ever to wit in the thirtie eighth year after Swane King of Denmark commanded it to bee paid every year to his Navie in the time of his Father Ethelred By dis-counting 38 years from the year 1051. that year 1012. is sufficiently manifest wherein the beginning of this Danegeld is placed according to that which hath been alreadie spoken Nor is it any prejudice at all that there seem's perhaps to bee one year over and above For such as are verst in the Chronicles of the Monks know well enough that differences of that kinde are very frequent among them especially by reason of their careless confounding of the years of our Lord and of the Kings whose beginnings do variously differ as every man know's Nor is it probable that they were sufficiently agreed touching the Tribute and Taxes before the next or one thousand and thirteenth year For concerning that year Florentius Hoveden and others speak expresly thus In the mean time the Tyrant Swane gave command to make readie Provisions in abundance for his Navie and for paiment of an almost intolerable Tribute In like manner Turkillus sent out his commands every where that it should bee paid to his Fleet which lay at Grenewich That Fleet of XLV ships rode now and then in the Thames neer Grenewich and then first received their promised pay That is in that very year which beeing discounted is the Thirtie eight year as Ingulphus would have it wherefore its beginning was not ill placed in that year Without all question that Ingulphus was a Courtier in the time of King William the first or a man of no mean account at the time wherein that was don which hee relate's so that especial credit is to bee given him in this particular Whereas also hee saith that King Edward remitted Danegeld for ever the same thing is affirmed also by Roger Hoveden and Matthew the Monk of Westminster who saith In the year of Grace MLI King Edward absolved the people of England from that most grievous Tribute of 38 thousand pounds which was usually paid to the Danish Auxiliaries during his Father's Reign Whereof wee read also in Matthew Paris But Hoveden saith K. Edward absolved the people of England from that grievous Tribute in the thirtie eight year after that his Father K. Ethelred had commanded it to bee paid to the Danish Souldiers Others there are also that write to the same purpose Som of the English Saxon Chronicles place the same thing in the following year and so affirm that there intervened 39 years from the beginning of this Tribute which also they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Heregild that is a Militarie oâ— Naval Tribute to that abolishment of it by King Edward Nevertheless as to what concern's its beginning they agree with Ingulphus and Hoveden to wit in the year MLII those Chronicles render it thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say K. Edward abolished that Militarie Tribute or Heregild which had been formerly imposed by K. Ethelred to wit in the nine and thirtieth year after it began But yet in the Autor of that Dialogue concerning the Exchequer written in the time of K. Henrie the second commonly supposed to have been Gervasius Tilburiensis wee read it was paid yearly even till the time of K. William the first or the Norman Conquest that is to say for fourteen years compleat immediately after that abolishment For so long K. Edward reigned whom that William succeeded The Autor's words are these The Pirats of the adjacent Islands having made an irruption and spoiling the Sea-Coasts carried away Gold Silver and all things of any value But assoon as the King and his Subjects set forth any preparations of Warr for the defence of their Nation they presently â—â—ed away by Sea But the chief among them and ever more inclined to mischief was that warlike and populous Nation of the Danes who besides their ordinarie desire of prey pressed on the more furiously becaus they laid claim to somwhat of antient Right in the Government of the Kingdom as the British Historie relate's more at large Therefore for the repelling of them it was ordeined by the Kings of England that two shillings silver upon everie Hide of Land should by a kinde of Custom for ever bee paid for the maintenance of valiant men who by scouting about continually and guarding the Sea-Coasts might repress the Invasion of Enemies And in regard this Revenue was appointed chiefly becaus of the Danes therefore it was called Danegeld And thereupon it was paid by yearly Custom as hath been said under the English Kings until the time of K. William the first who was of the Norman Stock and Nation So that Autor who would have this Tribute to derive its name from the Danes as if the Navie had been mainteined thereby chiefly to drive them from the Coasts of England But questionless the first reason of the name is to bee received as it hath been alleged out of the passages above mentioned though afterwards there was a Subsidie raised and Tribute paid for the like Fleet consisting of such as were not Danes or of English for the repelling of the Danes themselvs which was not improperly called by the same name Touching the paiment hereof after the Norman Conquest I shall add more by and by But as concerning what hee saith here that two shillings silver upon everie Hide were wont to bee paid yearly for the raising of this Tribute the same is affirmed also by other antient Autors as Roger Hoveden and Matthew Paris So that these men make the paiment double to that which is before alleged out of the Laws of the English-Saxons The yearly paiment of this Tribute is valued also by Matthew of Westminster Matthew Paris at thirtie eight thousand pounds as appear's by the particulars alreadie cited which truly was written by them with very little discretion Nor have they dealt any better who set down that paiment at the rate of thirtie thousand pounds as the Autor of the Chronicle called Chronicum Melrosense For at what rate soëver that Tribute was paid to the King according to the alteration of times it appear's for certain that the Stipends usually allowed to the Danish Fleet were so uncertain that they were set somtimes higher somtimes lower as wee must suppose it could not otherwise happen according to the number of Ships and Forces that were necessarie for the Guard of the Sea Of which also there are examples among Historians Florentius in the year MXIV saith K. Ethelred gave command that the Tribute amounting to thirtie thousand 〈◊〉 should bee levied for the Fleet which lay at Grenewich So also Hoveden But the English-Saxon Chronicles
much of it as concern's this title The words are these Altitonantis Dei largifluâ clementia qui est Rex Regum Ego Edgarus Anglorum Basileus omniúmque Regum insularum Oceanique Britanniani circumjacentis so John Dee a man very well seen in most parts of Learning did read it a good while since save onely that in stead of Britannian hee hath Britanniani while others reade Insularum Oceani quae Britanniam circumjacent cunctarúmque nationum quae infra eam includuntur Imperator Dominus gratias ago ipsi Deo omnipotenti Regimeo qui meum imperium sic ampliavit exaltavit super regnum patrum mâ—orum qui licèt Monarchiam totius Angliae adepti sint à tempore Athelstani qui primus regnum Anglorum omnes nationes quae Britanniam incolunt sibi armis subegit nullus tamen illâ—rum ultra ejus fines imperium suum dilatare aggressus est Mihi autem concessit propitia divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norwegiam maximámque partem Hiberniae cum suâ nobilissimâ civitate Dublinia Anglorum regno subjugare Quos etiam omnes meis imperiis colla subdere Dei favente gratiâ coëgi By the abundant goodness of Almightie God who is the King of Kings I Edgar King of England and of all the Kings of the Islands and of the Ocean lying round about Britain and of all the Nations that are included within the circuit thereof Supreme Lord and Governor Do render thanks to the same Almightie God my King who hath enlarged my Empire thus and exalted it above the Royal Estate of my Progenitors who although they arrived to the Monarchie of all England ever since the time of Athelstane who was the first that by force of Arms subdued the English and all the Nations that inhabite Britain yet none of them ever attempted to promote their Empire beyond the bounds thereof But the divine goodness hath favored mee so far as beside the English Empire to enable mee to subdue all the Kingdoms of the Ilands in the Ocean with their most stout and mightie Kings even as far as Norway and the greatest part of Irland together with their most famous Citie of Dublin All which by God's grace and assistance I have subdued and made their necks to stoop under the yoke of my command Whereas hee saith that none of his Progenitors had attempted to enlarge their Empire beyond the bounds of Britain it must bee so understood that it bee taken for the Northern and Western bounds of the British Empire as sufficiently appear's by the mention of Irland and Norway So that then more Islands than the name of Britain did comprehend or than the Isles of that Sea together with the Sea it self were brought under his Dominion But King Canutus or Cnute hath left a testimonie also whereby hee most expressly asserts the Sea to bee a part of his Dominion Hee placing himself on a seat by the Sea side as it flowed upon Southampton Shore having a minde to demonstrate to his flatterers that Kings themselvs are but men is reported to have made trial of the obedience of the Sea it beeing flood after this manner Thou O Sea art under my dominion as the Land also upon which I sit is mine And there never was any that disobeied my Command without punishment Therefore I command thee not to ascend up upon my Land nor do thou presume to wet the feet or garments of thy Sovereign But the Tide saith Huntington and Florilegus who relate this storie swelling as at other times did very unmannerly wet not onely the feet but legs of his Majestie Whereupon the King leaping up proclaimed with his own mouth none to bee worthy the name of King but him alone who command 's both the Sea and land and they obey And from that time hee refused to wear his Crown of Gold consecrating it to a Crucifix In the mean time hee here openly professed himself to bee the Soveraign of the Sea as well as of the land Hereunto may bee added som testimonies of other Writers which although they are of a later date than the Kingdom of the English-Saxons yet they are transmitted to posteritie by the hands of such as were perfectly acquainted with the English Historie and by the Tradition of their Ancestors well infouned of the most authentick Opinions and Resolvs concerning the English Dominion over the Sea Geofâ—rie Chaucer who was not onely the most famous Poêt of his time but as Learning went in those daies a very well accomplisht Scholar in one of his Canterburie Tales bring 's in his Man of Law telling a storie which hee would have relate to the time of Alla King of Northumberland who reigned thirtie years and his Reign began in the year of our Lord DLIX In this Tale there is brought in a Ladie called Constantia the Daughter of I know not what Roman Emperor married to the King of Syria driven shee was by weather to a place which lay under the command of a Fortress upon the Shore of Northumberland and there the Ship ran aground shee was a Christian banished for her Religion and there taken Prisoner by the Commander of that Fortress In this Relation of the sad adventures of Constantia hee saith what indeed is true that Christian Religion was not received into any part of that Territorie but that Pagans had over-run and did hold those Northern Countries under their Dominion as well by Sea as Land His words to this purpose are these In all that lond dursten non Christen rout All Christen folk been fled from the Countre Through Paynims that conquer'd all about The plagues of Northumberland by land See Hee said discreetly that the neighboring Sea fell to the Conquerers of this Isle as well as the Land knowing what was the resolution and generally received opinion of his Ancestors concerning that matter Hee lived two hundred and thirtie years ago in the time of Richard the Second Nor is it any prejudice to this autoritie that the other things there related are fabulous For wee know that out of the Fables of Heliodorus Achilles Tatius Theodorus Prodromus Eustathius and such others whether of an amorous or any other strain somtimes many useful observations may bee gathered concerning the customs manners and received opinions as well of the men among whom they are feigned to bee acted as of the times to which they are related John Harding also who in the time of Edward the Fourth wrote an Historie of the affairs of England in vers when hee reckons up those Princes that sware fealtie to King Canutus for the Lands which they held of him hee adds So did the Kings of Wales of high parage And all the North-west Ocean For their kingdoms and for their lands than That is to say the same was don at that time by the greatest Kings of Wales and of all the North-western
Sea for their respective Kingdoms and Territories Thus Canutus was King of the Kings of that Sea which hee himself also sufficiently declares when hee expressly affirms in what was before related that the Sea it self was under his Dominion And so much for testimonies to prove that the British Sea hath been possessed not onely by the Britains after they had cast off the Roman yoke but also by the English-Saxon and Danish Kings Moreover it seem's they did use to take a kinde of cours for the strengthning and preservation of their Dominion both by Sea and Land as the antient Germans of whom both Danes and Saxons are a part were wont to do for the defence of their midland Cities Among them saith Caesar it was the highest glory to make very large depopulations and lay all the Countrie round about them waste measuring their honor by their distance from any neighbor and accounting it the onely token of valor when none durst plant themselvs within their reach and besides they thought by this means to render themselvs more secure by removing the fear of any sudden incursion So it hath been the manner of those that at any time have made themselvs Masters of the Kingdom of Britain to extend their Dominion in the circumambient Sea to the largest Circuit scouring the Seas about and keeping other Nations at a distance as it were from the Wall or Precinct of the Island Nor were those German Cities more Masters of that waste part of the Countrie that lay about them then the King 's of Britain were over the Sea of the same name But as wee observed before of the Scots and Picts in the time of the Romans so here also it is to bee noted of the Norwegians or Normans for many times they are to bee taken for one and the same people and other Northern Nations That those British Isles which are situated in the West and Northern Sea were somtimes so possessed by the Scots and Picts as also by the Norwegians and such others as infested the Northern Sea and invaded the Isles lying between them and Britain that it is not to bee doubted but they also according to the various alteration of their Dominions by Land succeeded one another for that interval of time in the possession of a proportionable part of the Sea also as an Appendant to every one of the shores of Britain The Scots saith an unknown Autor speaking of the year DCCCXLVI for many years became Tributaries to the Normans who without any resistance entred and settled themselvs in the Isles lying round about And as touching the Naval affairs of the Normans in our Sea there are many passages to bee seen in Regino the Abbat Aimoinus and other Writers of that Age. But in the mean time it is sufficiently manifest that as by reason of the tumultuarie unsetled posture of affairs in those daies the Dominion of the Island it self was very often tossed to and fro so also the Dominion of the Sea was in like manner attempted disturbed invaded recovered and defended as that which did inseparably follow the Dominion and Soveraigntie of the Island Wee are not ignorant that in the French Histories there are now and then som passages that speak of their Naval power in this Age which are collected by Popelinerius But there is nothing to bee gathered from them that may set forth the least sign or shadow of a Soveraigntie or Dominion over the Sea Very few indeed are to bee found and such as either concern onely the defending the mouths of their Rivers against the Normans and Danes then roving up and down our Sea or the subduing of the Friezlanders and som of the Neighbor-Nations Whereunto also som other passages relate which wee shall mention by and by when wee com to speak of the Admirals of France Several Testimonies concerning the Sea-Dominion of the Kings of England since the Norman Conquest set forth in General Heads CHAP. XIII FOllowing the Order and Method of our Enquirie in the next place wee treat of the Sea-Dominion of the Britains since the coming of the Normans into England And in the first place our Discours shall bee of the Dominion of the English Sea or that which flow's between England and the opposite shores or Havens of the neighbor-Neighbor-Nations Now whereas it is confessed on all hands that all Dominion is chiefly founded upon just possession or occupation and its continuance and that possession is not supposed to bee had by the act either of the minde or bodie singly and apart as Paulus long since hath well determined but is most firmly gotten and retained by the joint concurrence of minde and bodie whereupon it is distinguished into Civil that is where there is a right or title by Law and Natural or Corporal and it is requisite that this Dominion receiv a signal confirmation by a long continued assent a free and publick confession or acknowledgment of such neighbors whom it most concern's First then as concerning the Corporal or Natural possession of this Sea as well as that which is Civil or by Law and is retained by the act of the minde wee shall give you very ample Testimonies since the time of the coming in of the Normans And in the next place wee will shew how this Dominion of the Kings of England hath been acknowledged by those Foreign or Neighbor-Nations whom it most concern's But forasmuch as what wee shall thus speak of the English Sea in general will chiefly relate to the Southern and Eastern or that which hath the English shore on one side and France and Germanie on the other wee will therefore discours severally of that which lie's to the West of England and also of the Scotish Sea or that which lie's more Northerly As concerning the possession of the English Sea both Corporal and Mental or Civil continued for that space of time which wee now speak of with the like Dominion arising and retained thereupon there are divers notable and very clear testimonies thereof which for Methods sake wee divide into eight heads whereof I The Custodie Government or Admiraltie of the English Sea as a Territorie or Province belonging to the King II The Dominion of those Islands that lie before the French shore III The Leav of passage through this Sea granted to Foreiners upon request IV The Libertie of Fishing therein allowed upon courtesie to Foreiners and Neighbors and the Protection given to Fisher-men V Prescribing of Laws and Limits to Foreiners who beeing in Hostilitie one with another but both in amitie with the English made Prize of each other in this Sea VI The Records whereby this Dominion is expressly asserted by the By as a most undoubted right and that noâ— onely by the King but by the Parlaments of England when they debated of other matters VII The Commentaries of the Law of the Land and common customs of the Nation which do either assert or at
cognisance of things don contrarie to this Truce and pass their Judgments according to the Law or Custom of Merchants and the Form of Sufferance After a revolution of som years wherein this kinde of Truce took place and somtimes not a League was made in the year of our Lord MCCCIII which is the one and thirtieth of Edward the first The first Article of that League is that those Kings should not onely bee at amitie with each other but also that they should defend one another in all manner of Rights against any others whomsoêver except the Church of Rome and on the part of the King of England his son in law John Duke of Brabant but on the part of the King of France Albertus King of the Romans and John Earl of Henault But the third Article thereof for the first and third is of singular use in that Libel or Bill of Complaint as will appear by and by is this Item il est accorde qe l'un ne receptera ne sustendra ne confortera ne fera confort ne aide as Enemies de l' autre ne soffera qu' ils eient confort souccors ne aide soit de gent d' armes ou de vitailes ou d' autres choses queles q' eles soient de ses terres ou de son poiar mais adiondera sur peine de forfature de corps d' avoir empeschera à tot son poair loiaument en bon foi qe les dits enemies ne soient resceipts ne confortes es terres de sa seignurie ne de son poiar ne q'ils en aient confort soccours ne aide soit gents d' armes des chevaux d' armeures de vitails ou d' autres choses queles q' eles soient which is in English to this effect that according to this contract of amitie they were neither of them in any wise to cherish the enemies of the other nor suffer any kinde of aid or relief to bee afforded them in their Territories The war beeing thus at an end becaus there arose very many complaints concerning injuries don up and down as well in the more open as in our own Sea during the special Truce afore mentioned but also it was probable that others of that kinde might arise perhaps after the League was made especially by reason of the differences at that time betwixt the French King and the Earl of Flanders therefore Commissioners were appointed by both Princes to hear and decide them And those at that time on the behalf of the King of England were Robert de Burghershe Constable of Dover Castle and John de Banquell Steward of Pontoise Baraldus de Sescas and Arnaldus Ayquein Knights on the French King's behalf were appointed the Lord Saquilly Mittonius Blanvillius Bertrandus Jordanus and Gulielmus Ralastansius Knights also To the end that they might take cognisance so it is in the King of England's Commission des enterprises mesprises forfaites en Treve ou en Sufferance entre nos le dit Roy de France d' un part d' autre es costeres de la mer d' Engleterre autres per deceâ— ausint per devers Normandie autres costeres de la mer per de la that is of encroachments injuries and offences committed on either side in time either of the League or Sufferance or of the Truce agreed on between Us and the said King of France for freedom of Commerce onely either upon the Sea-Coasts of England or any other neighboring Coasts of the Sea either towards Normandie or others more remote But the aforesaid parties were autorised by two Commissions in such manner that the one Commission contained four and the other also four an equal number beeing appointed by both the Kings They both bear date the last day of June MCCCIII To these Commissioners or others of that kinde the Libel was jointly exhibited by Procurators on the behalf of the Prelates and Peers of England also of the high Admiral of England yea and of the Cities and Towns throughout England and lastly of the whole English Nation and others subject to the King of England and how this could bee don otherwise than by autoritie of the Estates in Parlament is not to bee imagined With these in like manner were joined the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoëses Catalonians Spaniards Almains Zelanders Hollanders Friâ—slanders Danes and Norwegians besides others under the Dominion of the Roman German Empire All these together instituted an Action or Complaint against Reyner Grimbald who beeing Governor of the French Navie had during the war between King Philip of France and Guie Earl of Flanders intercepted and spoiled Merchants of their Goods in this Sea that were bound for Flanders And all these Complainants jointly say that the King of England and his Predecessors have time out of minde without controversie enjoied the Soveraigntie and Dominion of the English Sea and the Isles of the same by right of their Realm of England that is to say by prescribing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished than with such necessaries as belong to Merchants and by demanding suretie and affording protection in all places where need should require and ordering all other things necessarie for the conservation of Peace Right and Equitie between all sorts of people passing through that Sea as well strangers as others in subjection to the Crown of England Also that they have had and have the Soveraign Guard thereof with all manner of Conisance and Jurisdiction in doing Right and Justice according to the said Laws Statutes Ordinances and Prohibitions and in all other matters which may concern the exercise of Soveraign Dominion in the said places To wit such matters as concern'd the office and jurisdiction of the Admirals that were wont to bee appointed by the Kings of England Then adding the first Article afore-mentioned of the League made but a little before whereby both Kings were obliged to defend one another's right they proceed in their Accusation against Grimbald saying That hee is onely Master of the Navie of the King of France but call's himself Admiral of the said Sea and pretend's that hee was autorised under that title by the King of France upon occasion of his making warr against the Flemings And that after the making of the said League and contrarie to the intent and meaning of the same hee had for above a years time unjustly assumed aâ—d usurpâ—d the office of Admiral in the said Sea by autoritie of the King of France his Commission taking the People and Merchants of England and other Nations passing through that Sea imprisoning and spoiling them of their Goods and delivering them up to the King's Officers as Goods forfeited and confiscate And whereas hee hath in a very insolent manner justified these actions of his in writing as don by autoritie of the King his Master's Commission as also according to
a Prohibition made by the King of England and proclaimed according to the intent of the aforesaid third Article of the Treatie throughout his Dominions that is to say a Prohibition which forbade a giving any relief to the French King's enemies within the Dominion of the King of England and so endeavored to defend himself before the Commissioners it was alleged to bee don to the great damage and prejudice both of the King of England and of the Prelates Peers and all the rest who jointly preferr'd the Bill as aforesaid Therefore they all with one consent pray that the persons so imprisoned beeing set at libertie and restitution made of the Goods injuriously taken they might bee refeâ—red to the Jurisdiction of the Admiral of England to whom alone this kinde of Jurisdiction both in respect of Things and Place as well as Persons did appertein and that by order of the Commissioners Reyner Grimbald himself might bee enjoined to repair the losses of the Complainants in case hee wore able to make satisfaction or otherwise that the King of France who gave him Commission for that Command might bee adjudged to do the same But after reparation made that then also the said Reyner might receiv such punishment for violating the League as might deter others from the like attempt in time to com Now what was don by the Commissioners is not very well known It seem's it was a matter of such moment that it was thought more convenient to make an end by agreement than bring the matter to a trial But in the mean time nothing is more evident than that a right of Dominion over the Sea and that antient and confirmed by long Preseription was in express terms here acknowledged by almost all the Neighbor-Nations to belong to the King of England and so that hee might at his own pleasure give protection and set Laws and Limits to all that sailed through this Sea and used it in any manner whatsoever nor could this kinde of Right bee altered or diminished by the differences of the Neighbor-Nations between each other or by any Right of war belonging to others otherwise than in any other Territorie of his Dominion And it is to bee observed that the Flemings themselvs betwixt whom and the French there was a war on foot at that time were not nor could they rightly have been parties in that Charge or Accusation For by virtue of the aforesaid League made between the English and French they were to assist one another by Arms to defend each other 's Rights so that according to the League the French King was permitted to use the Sea to infest the Flemings beeing his enemies but not to intercept such as passed this way from any other Nations or that were bound with Merchandise for Flanders And Paulus AEmilius speaking of this very time saith The French King threatned ruine to Flanders The King of England protected the Flemings For Edward was so far onely a friend of the King of France that yet hee would not have the Flemings ruined Thus our King order's the matter both as a Defender of his own Right and supreme Moderator also of Navigation in respect of others Nor truly is it to bee omitted that Grimbald himself here beeing Governor of the French Navie did not onely arrogate this power in this Sea from the Autoritie granted him by his King's Commission but in express terms also made use of that Prohibition of the King of England which was in force according to the Third Article of the said League thereby to defend himself as if hee had also acknowledged that himself could not have lawfully held that office of Admiraltie in this Sea without such a Permission as hee conceived himself to enjoy by virtue of that Prohibition For by that Prohibition it was required that no relief should bee given to the French King's Enemies nor any aid afforded them within the Dominion of the King of England that is per my son poere which were the very words of Grimbald as you may see in the Libel it self set down hereafter And so Grimbald expressly objected the Autoritie of that Prohibition together with the power of his Master's Commission in defence of himself As if hee had said I use this power it beeing given mee by the King of France who put mee in Command over his Navie and Affairs belonging to the Sea But besides this the King of England having set forth his Prohibition commanded that no kinde of relief should bee given to any Enemie of the French within his Dominion according to the League made between both the Kings And therefore seeing I have not taken either the Persons or Goods of any but such as are Enemies or at least such as according to the Intervenient Law of Nations are to bee reckoned upon an hostile Account for doubtless hee pretended that they were to bee taken as Enemies of what Nation soêver they were who relieved the Flemings by Merchandise or otherwise I conceiv it a sufficient ground of defence in my behalf that the King of England according to the League made did by publick Proclamation require that no succor or relief should bee given to the Enemies of France in any part of his Dominion Upon which account not to these whom I took at Sea The summe of all in brief is this That Grimbald did not so much as imagine that his office of Admiraltie or Power given him by Commission depended upon any Dominion of the King of France by Sea but altogether upon the Autoritie of his Kings Commission the League and the King of England's Prohibition As if the English King had openly declared by that League and Prohibition that hee would not take it for any injurie to himself during that kinde of League and Prohibition although the French should fall upon any of their Enemies in his Dominion or though they which is all one here should bee taken in his Sea by the French King's Officers Certainly unless you so understand Grimbald I do not see wherefore he should at all join that Prohibition together with the King his Master's Commission in defence of himself as it is expressed in the Libel or why mention was made there of the Dominion of the King of England throughout which that Prohibition was proclaimed seeing the controversie arose touching things don onely by Sea But if hee bee so to bee understood certainly then hee did not onely forbear to oppose the antient right of the King of England by Sea but also sufficiently acknowledged it while hee seem's to affirm that a temporarie restriction onely was added thereto by an accession of the League and the Prohibition So that wee have a tacit acknowledgment even of the French themselvs at that time in this their Admiral But how the principal points of the League ought to bee expounded it is no place here to discours for wee observ onely that the Sea Dominion of the Kings of England was acknowledged in
as a River or Brook must bee conteined under the same Jurisdiction as an entire Bodie with the Land therefore somtimes mention is made also of this kinde of Sea flowing in as of a Sea reckoned within the Jurisdiction Current of the Sea of the opposite shores as for example of the Sea Flanders or as I finde it in som antient Manuscripts which seem to bee the Originals of certain Letters of King Henrie the Fift to the Earl of Carolois and to the Governors of Ypres Gaunt and Bruges deins la Jurisdiction l'estrem de la meer de Flandres within the Jurisdiction and stream of the Sea of Flanders which is all one For setting aside the Sea so flowing in or making an in-let or harbor before the opposite shore all that which remain's or the Sea flowing between those opposite Countries and England was ever esteemed to bee of the English Dominion according to what I have formerly shewn So that a late Writer doubtless was in a dream when upon the repairing of the Dock at Mardike hee write's that hee saw the Empire of the British Sea restored to the King of Spain And so I have don with this point touching the Declaration and acknowledgment of the Sea Dominion of our Kings made by those Forein and neighbor-Neighbor-Nations who were most concerned in the Business Of the Dominion of the King of Great Britain in the Irish and Western Sea consider'd singly and apart by it self CHAP. XXX I have alreadie spoken in general of the English or British Sea which is a part of the Patrimonie of the Crown of England but chiefly as it lie's either East or South It rest's now that wee treat of the Western as also the Scotish and Northern and in a word of the whole British Sea that remain's It is evident to all that part of the Western Sea lying before England is understood as well in that Libel which was exhibited by so many Nations to the Commissioners deputed by the Kings of England and France above three hundred and thirtie years ago wherein wee so often read le mer d' Angleterre or the sea of England as in the King 's Commission-before mentioned wherein our Kings are expressly-declared Lords of the English Sea on every side and therefore I shall forbear to repeat what is cited out of Bracton about the Essoyning or excusing of a man absent in Ireland and other things of that kinde alleged before which make to this purpose Moreover also wee read every where that all the Isles in this neighboring Sea were called British as wee observed at the beginning of this Book just as if the narrow Seas flowing between like Rivers or turnings of Rivers did disjoin those Banks or Shores from great Britain as Fragments of the same Whereby it appear's that the narrow Seas themselvs with the Isles even as Rivers with their Banks are to bee reckoned a part of the British Territorie And hereunto especially relate's also that expression in the Libel so often cited to wit that the Kings of England have ever been Lords both of the English Sea or of the British so far as it stretcheth before England and also of the Isles situate therein par raison du Royalme d' Angleterre by right of the Realm of England So that the Isle of Man which as Giraldus Cambrensis saith stand's in this Sea in the very midst betwixt the Northern Parts of England and Ireland was if I understand any thing reckoned of old among the Land-Provinces of England even as the Isle of Wight Lundie and others of that kinde Nor doth it seem to bee understood otherwise by those men of antient time who upon occasion of a dispute whether this Isle ought by right to bee taken for an appendant of England or Ireland beeing placed in the midst of the Sea flowing between determined the controversie on this manner They brought venemous serpents and observing that the Isle did entertain and cherish them as well as England and the rest of great Britain but on the contrarie that Ireland destroied them it was concluded saith Giraldus Cambrensis who lived under Henrie the Second by the common censure of all that it ought to bee ascribed unto England For if they had so thought the Territorie either of Ireland or England as it consisted of Land and Sea to bee dis-joined from this Isle of Man that they had conceived the Sea lying between either common to all men or by antient right subject to other than the Kings either of Ireland or Britain they might seem to have raised a very ridiculous Controversie For I suppose the Question could bee no other than touching the bounds of England or great Britain and Ireland But that a Question about bounds may bee admitted between Owners that are Neighbors where the Territories of both are not continual or contiguous is beyond my understanding It is well said by Paulus that if a publick Thorow-fare or publick River intervene which belong's to neither of the neighboring Owners an Action cannot bee brought upon that Title of the Law Finium Regundorum And truly after that Quintus Fabius Labeo beeing appointed Arbiter by the Senate betwixt the Nolans and Neapolitans about the bounds of a Field had so craftily perswaded both of them to retire backwards apart from each other that a portion of the Field was left in the middle which hee adjudged to the people of Rome there could not any Controversie arise farther between them about the bounds of this Field becaus there ceased to bee any confine betwixt them But if any Question arose afterwards they were both to contend with the people of Rome Even so it is to bee conceived of that Question to which of the two Countries the Isle of Man ought by Right to bee ascribed it arising chiefly upon this ground becaus it lay in the midst between the Territories belonging to Ireland and Britain and at the confine of both For by an Argument drawn from the nature of the very soil onely without a civil consideration of Dominion though they would have here the very nature of the soil to bee the evidence thereof as a Lot for decision it ought no more to bee ascribed either to Britain or Ireland than to Norway Spain or France where every man know's that venemous Creatures are bred as well as in Britain Therefore to bee ascribed to England or Britain in that antient Decision is so immediately to bee annexed to the British Territorie that the Isle of Man may truly and in a civil sens bee called a Land-Province of England or Britain seeing the English Territorie is so continually extended as far as its Western Coasts that which bend's Westward from the very Confine beeing ascribed to Ireland And therefore Queen Elisabeth's Commissioners let fall those words too unadvisedly in the Treatie held at Bremen with the Danish Commissioners about free Navigation and Fishing in the Norwegian
hundred thousand pound Their Fortifications also both for number and strength upon which they have bestowed infinite summes of monie may compare with any other whatsoëver 5. Encreas of power abroad SUch beeing then the number of the Ships and Mariners and so great their Trade occasioned principally by their Fishing they have not onely strengthned and fortifieed themselvs at home to repel all Forein Invasions as lately in the war between them and Spain but have likewise stretched their power into the East and West-Indies in many places whereof they are Lords of the Sea-Coasts and have likewise fortified upon the main where the Kings and people are at their devotion And more then this all Neighbor-Princes in their differences by reason of this their power at Sea are glad to have them of their partie So that next to the English they are now becom the most re-doubted Nation at Sea of any other whatsoëver 6. Encreas of publick Revenue MOreover how mightie the publick Revenue and Customs of that State are encreased by their fishing may appear in that above thirtie years since over and above the Customs of other Merchandise Excises Licences Waftage and Lastage there was paid to the State for Custom of Herring and other salt-Fish above three hundred thousand pound in one year besides the tenth Fish and Cask paid for Waftage which cometh at the least to as much more among the Hollanders onely whereunto the tenth of other Nations beeing added it amounteth to a far greater summe Wee are likewise to know that great part of their Fish is sold in other Countries for readie monies for which they commonly export of the finest gold and silver and coming home recoin it of a baser allay under their own stamp which is not a small means to augment their publick treasure 7. Encreas of private Wealth AS touching their private wealth if wee consider the abundant store of Herrings and other fish by them taken and the usual prices that they are sold for as also the multitude of Tradesmen and Artizans that by reason of this their Fishing are daily set on work wee must needs conclude that the gain thereof made by private men must of necessitie bee exceeding great as by observing the particulars following will plainly appear During the wars between the King of Spain and the Hollanders before the last Truce Dunkirk by taking spoiling and burning the Busses of Holland and setting great ransom upon their Fisher-men enforced them to compound for great summes that they might Fish quietly for one year whereupon the next year after the Fisher-men agreed amongst themselvs to pay a doller upon every last of Herrings towards the maintenance of certain Ships of War to waft and secure them in their Fishing by reason whereof there was a Record kept of the several lasts of Herrings taken that year and it appeared thereby that in one half year there were taken thirtie thousand lasts of Herrings which at twelv pound per last amounteth to 3600000 and at sixteen twentie thirtie pound the last they are ordinarily sold then transported into other Countries it cometh at least to 5000000 l. Whereunto if wee add the Herrings taken by other Nations together with the God Ling Hake and the Fish taken by the Hollanders and other our neighbors upon the British Coasts all the year long the total will evidently arise to bee above 10000000 l. The great Trade of Fishing imploying so many men and ships at Sea must likewise necessarily maintain as great a number of Tradesmen and Artizens on Land as Spinners and Hemp-winders to Cables Cordage Yarn-twine for Nets and Lines Weavers to make Sail-Cloaths Cecive Packers Tollers Dressers and Cowchers to sort and make the Herring lawful merchandise Tanners to tan their Sails and Nets Coopers to make Cask Block and Bowl-makers for ships Keel-men and Laborers for carrying and removing their Fish Sawyers for Planks Carpenters Ship-wrights Smiths Car-men Boat-men Brewers Bakers and a number of others whereof many are maimed persons and unfit to bee otherwise imploied Besides the maintenance of all their several wives and children and families And further every man and maid-servant or Orphant having any poor stock may venture the same in their Fishing-Voiages which afford's them ordinarily great encreas and is duly paid according to the proportion of their gain 8. Encreas of Provisions AND to conclude it is manifest that Holland only affording in it self som few Hops Madders Butter and Chees aboundeth notwithstanding by reason of this Art of Fishing in plentiful manner with all kinde of provisions as well for life as in Corn Beef Muttons Hides and Cloths as for luxury in Wines Silks and Spices and for defence as in Pitch Tar Cordage Timber All which they have not onely in competent proportion for their use but are likewise able from their several Magazines to supply their Neighbor-Countries The premisses considered it maketh much to the ignominie and shame of our English Nation that God and Nature offering us so great a treasure even at our own doors wee do notwithstanding neglect the benefit thereof and by paying monie to strangers for the Fish of our own Seas impoverish our selvs to make them rich Insomuch that for want of industrie and care in this particular two hundred twentie five Fisher-Towns are decaied and reduced to extreme povertie whereas on the contrarie by diligent endevoring to make use of so great a blessing wee might in short time repair these decaied Towns of the Kingdom and add both honor strength and riches to our King and Countrie which how easily it may bee don will appear by som few observations following By erecting two hundred and fiftie Busses of reasonable strength and bigness there will bee emploiment made for a thousand Ships and for at least ten thousand Fisher-men and Mariners at Sea and consequently for as many Tradesmen and Laborers at land The Herrings taken by the Busses will afford his Majestie two hundred thousand pound yearly custom outward and for commodities returned inward thirtie thousand pound and above Wee have Timber sufficient and at reasonable rates growing in our own Kingdom for the building of Busses every Shire affordeth hardie and able men fit for such emploiment who now live poorly and idle at home Wee have victuals in great plentie sold at easie rates without paiment of Excises or Impost Our shores and harbors are near the places where the Fish do haunt For drink or nets salting and packing our Fish and for succor in stress of weather wee may bring our Fish to land salt and pack it and from som part of his Majestie 's Dominions bee at our Markets in France Spain or Italy before the Hollanders can arrive in Holland Wee have means to transport our Fish into som Northern Countries where the Hollanders seldom or never com And though wee had as many Busses as the Hollanders yet is there vent for all or more for in the East and Northern Countries and in many other
when it dived into the contemplation or debate of Religious matters it hath often been most deservedly restrained by certain set-Maxims Principles and Rules of holy Writ as Religious Bolts and Bars upon the Soul lest it should wantonize and wander either into the old Errors of most Ages and Nations or after the new devices of a rambling phansie And truly such a cours as this hath ever been observed in Religious Government But in such things as are meerly humane and so humane that they reflect only upon matters of dutie betwixt man and man and are not forbidden by any command of God of which kinde you cannot so much as imagine any thing more plainly to bee then a distinction of the Dominion of Territories and the manner thereof which is wholly grounded upon the consent of men that which shall bee permitted by the Law Natural is no less rightly determined by the Laws Placarts and received Customs of divers Ages and Nations both antient and modern then it may bee collected what every Clime will or will not bear by the diligent observation of Countries Shrubs Trees Plants and other things which belong unto the bodie of Husbandrie For as many Nations as have admitted such a private Dominion as wee inquire after whether by a Law Civil or Domestick of their own or by any Law common to themselvs and their neighbor-Nations are either to bee allowed competent Witnesses of the natural permissive Law so far as there is any use of it here or els it must bee said which I believ no man dream's that so many and those the more famous Nations have for so many Ages erred against Nature Concerning the Law Natural Justinian saith Quod Naturalis ratio inter omnes homines constituit id apud omnes populos peraequè custoditur vocatúrque Jus Gentium quasi quo Jure omnes Gentes utuntur What Natural reason establisheth among all men that is observed by all people alike and is called the Law of Nations as it were by a Law which all Nations use And Caius Jus Gentium ratione naturali inter omnes homines peraequè servatur The Law of Nations is by natural reason observed alike among all men But where are all Nations It is not yet discover'd how many there are much less upon what Customs they have agreed Nor is that in any wise found in the Customs of all those Nations that are discover'd which som notwithstanding imbrace as a part of the Law Permissive What have the midland Nations to do with that Law concerning the Confiscation of wrecks at Sea which hath been used by the English Britains Sicilians and som other Nations bordering upon the Sea The inslaving of Prisoners of War is grown out of date as a thing not permitted among Christian Nations which nevertheless is in use still among the Mahometans In vain therefore is a Rule and Direction sought here out of the Customs of all Nations but especially seeing som are not wanting who non foedera Legum Ulla colunt placidas aut Jura tenentia mentes Whom neither League nor lawful compact bindes Nor Laws that rule and pacifie men's mindes as hee saith of the Bebrycians That there have been som such Nations is expresly recorded also by Aristotle And Salust out of the mouth of Hiempsal saith concerning the Getuli and Libyans the antient Inhabitants of Africa Neque moribus neque Lege neque Imperio cujusquam regebantur They were ruled neither by Custom nor by Law nor by the command of any And in another place concerning the Aborigines Genus hominum agreste sine Legibus sine Imperio liberum atque solutum A rude sort of men without Laws without Government free and dissolute Therefore wee must have recours here unto the more civilized and more eminent Nations of the past and present Age and of such whose Customs wee are best acquainted with And among them truly not onely such as those very Nations whom it may chiefly concern here have ever highly esteemed but also those Nations who are concerned at present shall bee proved competent Witnesses But of the Testimonies that wee intend to use there is a twofold kinde Som are those which shew that a Soveraigntie and private Dominion of the Sea hath been by Historians and other Writers almost in all Ages acknowledged and granted to Princes People and others Other Testimonies there are which demonstrate out of Lawyers also by Leagues and Treaties and other particulars of that nature that such a Dominion of the Sea is in like manner agreeable unto Law Both which wee interweav as the order of Things direct's us But yet so that what matters either of Fact or Law do appertain unto the British Sea are wholly pretermitted in this collection of Testimonies with an Intent to dispose them apart in the second Book And so at length it will bee very clearly manifested together both what the Civil Law of Nations as also what the Common Law of divers Nations and lastly what the natural permissive Law which in this case is to bee drawn out of the Customs of Nations hath determined touching private Dominion of the Sea The manner whereby the Law Permissive touching private Dominion of the Sea may bee drawn out of the Customs of many Ages and Nations That there were Testimonies hereof manifest enough in the Fabulous Age. Also a word by the way touching the Mediterranean Sea in possession of the Romanes when the Command thereof was committed to Cneius Pompeius CHAP. VIII THe Ages out of whose Monuments and Actions the aforesaid Customs determinations and Decree's of People and Nations are to bee derived I divide into two parts Into the Fabulous Age and the Historical But wee do not according to Varro call that Fabulous which wholly preceded the beginning of the Olympiads but that which is obscured onely by the most antient Fables at least under a fabulous Representation The Historical beeing in the mean time divided into that which is more antient and comprehend's the Customs of such Empires and Common-wealths as expired som Ages past And into that which is modern and shew's the practice of those Nations in the present case which are now in Beeing But in applying our selvs unto the fabulous Age wee do not ground Arguments upon Fables as they are meer Fables but wee manifest Historical Truth out of the most antient Historians though wrap't up in the mysteries of Heathen Priests and Poëts For as Lactantius saith well even Those things which the Poëts speak are true but cover'd under a certain veil or Figure And yet they have so veiled the Truth with Fiction that the Truth it self might not take off from the common belief of the People They write that in the fabulous time afore-mentioned the Titans beeing subdued the Brother-Deities Jupiter Pluto and Neptune divided the world by Lot And that Heaven was allotted unto Jupiter Hell to Pluto the Sea to Neptune But omitting
that in it which may seem to import that hee call's himself King of the Ocean especially if you consider those words which wee finde somtimes among Germane Writers in the Title of Charls the fifth Emperor and King of Spain In the Preface to the constitution concerning publick Judicatories in the Empire hee is called King of the Canarie Ilands also of the Islands of the Indies and of the Continent and of the Ocean Archduke of Austria c. And in the Imperial Sanctions published in high Dutch Konig-under Jnsulen Canariae auch der Jnsulen Indiarum und Terrae firmae des Maers Oceant c. as you may meet with it at least six hundred times The word Ocean is added as if hee entitled himself King of the Ocean But this is a mistake for the same in Spanish is Rey c. de las Islas y terra firma del mar Oceano c. that is King of the Islands and of the Terra firma of the Ocean namely the Islands or Continents of or lying in the Ocean which Pope Alexander the Sixth gave to Ferdinand the Fifth King of Spain all of them lying Westward from the very first Meridian of those hee entitle's himself King not of the Ocean it self How far private Dominion over the Sea is admitted according to the Customs or opinion of the French CHAP. XVIII AS concerning Dominion of the Sea according to the Customs of the French som perhaps may seem to have met with verie ancient evidences thereof in those Officers deputed for the guard of the Sea-Coasts whom wee read of in the Statute-Books and in that Rotlandus Governor of the British that is the Aremorican shore mentioned in the life of Charle-maign by Eginhartus a Writer of that time But those dignities have relation not so much to the Sea it self as to the shore and Sea-Coast or the border of the Land confining with the Sea notwithstanding that Rotlandus is by the French-men of this and the former Age promiscuously styled Governor both of the Sea and Shore as if there were no difference But it cannot bee denied that Princes heretofore upon the Shore of Aremorica or Bretaign as the Veneti of whom wee spake before did upon the same Shore impose Custom upon Ships as for the use of the Road upon their Coasts and challenge to themselvs other Rights of the like nature called Nobilitates super navibus So it is to bee read in an ancient Record made in the time of Duke Alanus in the year MLXXXVII concerning Precedence of Place among the Nobles of Bretaigne In that Record the second place is assigned to the Viscount of S t Pol de Leon who as the very words of it are had verie many of those Customs called Nobilitates super navibus imposed on such as passed the Ocean upon the Coasts of Osismer or Leon which as it was said Budicius an antient King of Bretaign did give and grant to one of his predecessors upon Marriage in reward of the virtue fidelitie and valor of that Viscount but with the consent of the Prelates Counts Barons and Nobles of Bretaign What these Nobilitates were and whence they had their original is partly declared by Bertrandus Argentraeus somtime President of the Province of Renes where hee discourseth also of the right of giving Pass ports which they call brefs de conduicte at this time in use on that shore That saith hee whereas till then it had been a right peculiar to the Princes beeing given by way of Dowrie to the Barons of Leon of which wee have alreadie spoken out of the aforesaid Record remained an hereditarie and proper right to that Familie until Joannes Ruffus the Duke redeemed it for a vast sum of monie of Guynomarius Baron of Leon after that Peter Mauclerc of Dreux Duke of Bretaign had in vain attempted to re assume it by force of arms It had its original they say upon this occasion When our Princes and antient Kings considered the daily Shipwracks made upon that shore where there were many Rocks and but few Havens they made a Law that none should set to Sea without their leav Such as did set out paying a certain rate had passes and guides appointed them that were well acquainted with the Sea and Shores They that refused forfeited their ships with all their tackling and furniture thereof and if the Ship were cast away their goods also were confiscate They that had leav were in no danger of confiscation and if they suffered Shipwrack had libertie to recover as many of their goods as they could And these guides were paid their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Conduct-money which wee have mentioned elswhere called by them droit de salvage These Tickets or Passes are given out now as heretosore at a certain price And among other Revenues of the Exchequer they also were rented out to the Farmers of the Custom So far Bertrandus from whom Renatus Choppinus borroweth almost the very words But Petrus Berlordaeus Advocate of the Parlament of Reines tell 's us that the Custom of taking forfeiture in that manner of all shipwrack't goods was abolished there by an Edict in the year MDLXXXIII But in the mean time for so much as concern's any part of that Western Sea lying next the Shore these are manifest evidences either of Dominion or of subjection in the Sea which indeed sufficiently prove by the Customs of that people that the Sea is capable of Dominion Moreover upon occasion of these Passes there have been controversies raised somtimes between the Dukes of Bretaign and the Kings of England as may bee seen in certain memorials of the affairs of Bretaign which have relation to the times of our Richard the second and John the Fourth Duke of Bretaign But this wee know for certain that in the agreement made between our Edward the Fourth and Francis the second Duke of Bretaign in the year MCCCCLXVIII concerning mutual traffick and free passage to and fro for the subjects of each Nation during a truce of thirtie years there is an express proviso concerning Wrecks but such a one as left an equal right to both of them not altogether unlike that which for many ages hath been in use upon the English Shore No mention at all beeing made in the Articles of the Truce either of the right or use of these aforesaid Passes as beeing a thing in no wise admitted by the English But som modern Lawyers among the French do vainly affirm that their King is Lord not onely of a part of the Sea neighboring upon the Territorie of Bretaign but of the whole Sea that is adjoyning to any part of France and so of the British or English Sea also By which very Assertion of theirs they sufficiently declare their judgment that there may bee a soveraign over the Sea The King saith Charondas Caronaeus is supreme Lord of the Seas which flow about his
Kingdom the ground whereof is this becaus the Universal right of all those things which were common either by the Law of nature or Nations is transferred into his Dominion And other passages hee hath much to the same purpose as also Stephanus Paschasius Ludovicus Servinus somtime Sollicitor general for the King Popellinerius and others If they speak of the Sea of Maâ—seille or Narbon wee shall not oppose them But as to what concern's the bodie of the Sea which lie's Northward or Westward of the French or that flow's between France and the Islands of great Britain for that which lie's Westward from them upon that crooked Shore or the gulf of Aquitaine doth indeed flow between the more Westerly Coasts of our British Isles and of France as well as that which lie's Northward from them flow's between England and Normandie they neither produce any Testimonies of Antiquitie nor indeed can they if they would Unless you will have that admitted which hath been cited out of Caesar concerning the Veneti of Aremoriça and that which wee said before of the Sea bordering upon that shore Both which indeed do rather import som service called heretofore Nobilitates super navibus then any kinde of Dominion But the soveraigntie of this Sea which flow's between them and us became absolutely appropriate to the Kings of England as wee shall make it appear in the next Book And the truth is if wee look upon the Customs most in use among the French or the Civil Law of that Nation there is nothing in it that derogate's from the antient communitie of the Sea but as to them it remaine's as yet not possessed but common to all men and therefore not to bee reckoned among the Revenues or Patrimonie of their Kings if so bee credit may bee given to that Treatise lately published of the Civil Romane and French Law by Thomas Cormerius Counsellor to Francis Duke of Anjou in his Parlament of Alençon The matter that it pretend's to treat of is the Romane Gallick Law There are in it the Customs of France decrees of Princes and Privileges often â—ntermingled But under the Title of things common â—o all hee make's the Sea and Shores common to all according to the antient Law of the Romanes as if in this matter it did exactly agree with the Law of France which certainly is an argument that the French have no Dominion over the Sea Nor must wee let it pass that somwhile since there were two Constitutions pretended to in France one of Henrie the Second the other of Henrie the Third wherein they required that the Ships of Forraigners which sailed through the Sea bordering upon France should strike their top-sail forsooth in acknowledgment of that Dominion the French had over the Sea But neither of them were autorized or as they speak simply verified by the Estates in Parlament yea nor so much as admitted into Custom Nay the later of them was plainly rejected as to any effect in Law And this the French Lawyers themselvs confess in a notable case between som Merchants of Hamburgh that were Plaintiffs and Michaël Butardus and others Defendants in a Parlament held at Tours in the time of Henry the Fourth But that cerimonie hath by most ancient right and custom been observed and paid to the ships of the Kings of England out of respect and in acknowledgement of their Dominion as is shewn in the following Book where wee treat of this particular more at large I know very well it was ordained by an Edict of the French King that one third part of all goods recovered out of the Sea should belong to the King another to the Admiral and the remainder to the Sea-men that found them And that the French do reckon very many Commanders in Chief at Sea or Admirals in a line somtime continued and somtime interrupted which for the most part they begin from the time of Philip the son of St. Lewis that is from the year MCCLXXXIV as is to be seen in Joannes Feronius Stephanus Paschasius and others But that division of goods recovered out of the Sea beeing simply considered doth prove any Dominion over the Sea no more then the Tenths of any Prizes taken from an Enemie at Sea which by the grant of the King also were allotted to the Admiral of the Navie Rights of this nature are grounded upon the consent of persons to wit subjects transferr'd unto the King not upon any title of Dominion whereby any Pretence may bee made to an acquiring of the Sea it self and they are paid no otherwise then Imposts or Customs in the importation or exportation of Merchandise But no man I suppose will imagin that from such Imposts or Customs upon Merchandise any proof may bee made of a Dominion over those passages through which the Merchants sail before they arrive Neither indeed was there any such custom as this in use among the French before the time of Francis the first that is to say plainly not beeing Lord of the Sea hee desired to bee and was made a Sharer of those goods which should bee drawn by his subjects out of any Sea whatsoëver Whereas the King of Great Britain by virtue of his Dominion over the Sea is wont to take as his own whatsoëver is left or lost in the sea besides other emoluments of the like nature and that by so ancient a right as for ought wee know bear 's a date no less ancient then the Kingdom it self And as for those Admirals of France they were no other then Chief Commanders of Navies and Persons and of the Forces by sea and Judicatories at home but not qualified as Presidents of a Sea-Province or Territorie as the Custodes ipsius Maris the Guardians of the sea among the English and the Admirals of England But more of this in the Second Book Nevertheless from what hath been alleged concerning the Customs Opinions or Constitutions among the French I suppose it sufficiently appear's that they do also acknowledg that private Dominion over the sea is not repugnant to the Law either of Nature or Nations which serve 's fully for the clearing of the point in question The private Dominion of the Sea according to the received Customs of the Danes the People of Norway the Swedes Polanders and Turks CHAP. XIX WEE finde clear Testimonies in the Customs of other Nations also of Europe touching private Dominion of the sea as the Danes the people of Norway the Polanders to whom may bee added also the Turks Wee have observed by the Tolls or Customs of Denmark and Norway what Revenue the King of Denmark raiseth out of the very Navigation of the Baltick Sea as is commonly known and what is paid out of the Roialtie of the Norwegian sea to the King of Norway who at this time is also King of Denmark For in the year MDLXXXIII Frederick the second King of Denmark and Norway made a
two different Opinions Som would have the Shore of Britain it self or that which is on this side the Sea to bee called onely the Saxon in the naming of this Dignitie or Command Others would have it to bee both the Shore of Britain and all that Shore also which â—etche's a compass like a half Moon from the Western part of Denmark as far as the West of France and lie's over against Britain But truly they are both extremely mistaken The Autor of the former opinion is Guidus Pancirollus who write's that the Shore or Limit within the Island was so denominated from those Saxons who were called in hither by Vortigern King of the South part of Britain to his assistance The Saxons saith hee possessed part of the Island from whence a limit or bound that was rear'd over against them by one that was made Count was called Saxon. Then which nothing could have been more ignorantly spoken if you reflect either upon the thing it self or the cours of times For omitting this that in the Breviarie of Dignities it self no mention is made at all of a Saxon bound or Limit but of a Shore notwithstanding that Pancirollus in the Inscription of his Commentarie entitle's the Commander that wee speak of Count of the Saxon Limit throughout Britain the Breviarie was written in the Reign of Theodosius the yonger or in the year CCCCX as learned men do commonly agree That is to say of that time the frame of the whole Government of the Empire both in the East and West having been over-grown long before was with very great diligence digested as it were into one entire Book of Offices and Dignities But the Saxons as most of the Antients tell us came first into Britain in the year of our Lord CCCCXLIX But suppose what upon better consideration may perhaps bee allowed that their arrival ought to bee reckoned in the year CCCCXXVIII that is in the XXI year of the Reign of Theodosius the yonger yet in the mean time this is most certain which is here in the first place to bee observed that Britain was utterly abandoned by the Roman Governors before they were called in Doubtless they were as Gildas write's brought in by King Vortigern to drive back the Northern Nations the Picts and Scots not the Romans who had bidden farwel to the Island Neither had tho Romans or their Dukes or Counts any thing at all to do within the Isle with the Saxons So that it must needs bee gross ignorance in Histories and in the Calculation of time to set down any Saxon Limit or Saxon Shore in the Island it self whilst the Roman Empire flourished or had any kinde of Autoritie in this Countrie Nothing therefore is more evident then that the Shore lying on the other side of the Sea over against the South and Eastern Coast of Britain as wee described it before was called the Saxon in that Dignitie or Command Moreover also that Count of the Saxon Shore throughout Britain was far more antient and known by an addition thereto of the Sea Coast or of that Sea which was comprehended in the Roman jurisdiction throughout Britain or in the bodie of the British Province For Nectaridius was invested with this Dignitie in the time of Valentinian the first or about the year of our Lord CCCLXX as is testified by Ammianus Marcellinus where hee saith information was given by a Messenger that Britain was reduced to an extreme low condition by a barbarous Conspiracie and that Nectaridius Count of the Sea-Coast and Buchobaudes the Duke were surprized unawares by the craft of the Enemy Nor is any difference to bee imagined between the Dignitie of the Count of the Saxon Shore in this sens throughout Britain and that which the fore-named C. Carausius received at Boloigne in France to scour the Sea along the Coast of Belgica and Bretaigne which as Eutropius and Orosius say was infested by the French and Saxons For that even hee also had places of strength and Mansion-houses belonging to his Government in Britain appear's sufficiently upon this ground that when Maximianus had given order to put him to death hee immediately usurp't in Britain and reigned after for the space of seven years So the Governor here or Count of the Sea-Coast and the Count of the Saxon Shore beeing ever accounted the same held the sole Government of Britain and the Sea belonging thereto To whom also wee may add as differing onely in name not really the Prefect or Admiral of the British Navie under the Romans mentioned in the former chapter Wee confess indeed that the Duke of Belgica secunda and the Duke of the Countrie of Aremorica before-mentioned was by the verie nature of his place to afford supplies for the guarding the Sea and this Shore beyond Sea For they also as hath been observed had Garrisons seated upon this Saxon Shore But it is chiefly to bee observed here that these beyond-Sea-Dukes were according to the nature of their Dignitie or Office to take care not so much of the Shore or Sea as the Continent and that from thence as you see they took their names This from the Tract of Aremorica and Ebroicae which beeing extended through five Provinces Aquitania prima and secunda Senonia Lugdunensis secunda and Tertia which comprehend's the lesser Britain and Normandie conteined almost all that which was commonly called by the name of Gallia But the other had its name from Belgica secunda Nor was there one Count or Duke of the Midland Countrie and another of the Shore or Sea-Coast in Gaul But in Britain the Counts or Dukes of the midland parts and the Count of the Sea-Coast or Saxon Shore had distinct charges distinct Forces and the signal Ornaments of their Offices wholly distinct Just as if the Roman Emperors would have it signified by this very thing that as the Sea it self did by particular Right alwaies belong unto the Empire of the Island so the Sea-affairs and their protection to the British Command and Jurisdiction of the Saxon Shore or that beyond-Sea but that both the Dukes of the Continent or main Land of Gaul lying right before it were bound so to send relief as occasion should require against the Saxon Invasions that in the mean time the sole care of the sea it self as a particular Province given in charge lay upon him that was made Count of the Saxon shore throughout Britain And if any Duke or Count either of Aremorica or Belgica secunda was called by the name of Duke or Count of the Saxon shore as som would have it was don doutless upon this ground becaus the Saxon shore lying over against us on the other side of the sea did bound their Land-Government as it did also the Sea-Jurisdiction of the aforesaid Count throughout Britain Nor indeed is that other Opinion any more to bee admitted which saith That our British shore was at that time called Saxon
also his Sea-men to keep all relief of Victual from going to the Enemie by Sea Hee used the word Pirats in this place as others of that age have don not for Robbers as 't is commonly taken but for such as beeing skill'd in Sea-affairs were appointed to set upon the Enemie's Fleets and defend the Dominion by Sea Touching the derivation of the word the old Scholiast upon Sophocles his Aiax saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is Pira in the Attick Tongue signifie's craft or art and hence it is that they are called Pirats which infest the Sea But when the English-Saxons and Danes in the time of K. Alfred were ever and anon strugling for the Soveraigntie in England for Gurmundus or Guthrunus King of the Danes was at that time setled in Northumberland as a Fiduciarie Client or Vassal to Alfred and had very large Territories in the East-part of England their Fights were mostly by Sea as if they had both been of opinion that hee which could get the Dominion of the British Sea would by necessarie consequence becom Lord also of the Land or of that part of the Isle which lie's before it For this caus also it was that the Danes growing strong at Sea K. Alfred mightily augmented his Naval Forces by building ships twice as long as the Danish ships deeper nimbler and less rocking or rolling and so much more convenient for Sea-Fights Florentius the Monk saith In the same year that is to say the year of our Lord MCCCXCVII the Forces of the Pagans residing in East-England and Northumberland using Piracie upon the Sea-Coasts did grievously infest the West-Saxon's Countrie with very long and nimble ships which they had built divers years before Against whom ships were built by the Command of K. Alfred twice as long deeper nimbler and less waving or rolling by whose force hee might subdue the aforesaid ships of the Enemie It is related also in the same words by Roger Hoveden But Henrie of Huntingdon speaking expresly of the number of Oars that served for the rowing of these ships of Alfred saith King Alfred caused long ships to bee made readie to wit of 40 Oars or more against the Danish ships But there are Chronicles written in the Saxon Tongue that speak of ships of 60 Oars and larger built by him at that time out of which these Writers above-mentioned and others of the like sort have compiled theirs The words of the Chronicles are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is to say King Alfred gave command for the building of long ships to encounter the Danish But they were twice as long as these whereof som had sixtie Oars som more They were also more nimble less rolling and deeper then the other Not built after the Frisian or Danish manner but such as hee conceived most convenient for fighting So that there is no doubt but the business of shipping was mightily advanced in his Reign among the English-Saxons in order to the defence and maintenance of their Dominion by Sea And wee very often finde that those Sea fights managed by Alfred and his son Edward with various success against the Danes and Normans were undertaken not without great numbers of Shipping But in the time of King Athelstan who was very strong at Sea upon the Irish Nation saith Huntingdon and those that dwelt in ships there fell a fatal destruction The English-Saxon words in the antient Chronicles from whence Huntingdon translated those and which agree w th these are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which fully signifie the same thing For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Scotish Nation and Scots are by the Antients often taken for the Irish. Hee also saith the same Autor led an huge Armie by Land and Sea into Northumberland and Scotland and in regard there was none appear'd to make any opposition bee marched up and down the Countrie and wasting it at pleasure returned with Triumph whereupon saith a Poët of that time Jam cubat in terris fera barbaries Aquilonis Jam jacet in campo pelago pirata relicto Illicitas torvásque minas Analavus anhelans Now is the wilde and barb'rous North brought down Now Analave the Pirat is o'rethrown Who having left the Sea on Land doth lie And spightful threats breath's out against the Skie This Analavus was King of the Irish and of many Islands who invading the Coasts of Athelstan with a Fleet of DCXV ships at the mouth of the River Humber received a great overthrow and was put to a most shameful Flight But King Edgar as saith Florentius of Worcester sailing about the North of Britain with a great Navie arrived at Chester where his eight pettie Kings met him as hee had given order who sware fealtie to him and that they would assist him both by Sea and Land Or as Huntingdon saith of the same thing they all did homage to him declaring themselvs readie at his command to serv him by Sea and Land Among these pettie Kings there was one Maccusius whom Hoveden and Florentius call a King of very many Islands and Florilegus a King of Man and very many Islands William of Malmsburie call's him an Arch Pirat Moreover the same King Edgar as if hee intended to set forth the splendor magnificence and as it were an Epitome of his whole Empire in Sea-affairs and Shipping did as say Florentius and Hoveden during his abode at Chester enter into a Boat wherein hee was rowed by those pettie Kings himself holding the Stern and steering it about the River Dee and beeing attended by all his Dukes and Peers in such another Vessel bee sailed from the Palace to the Monasterie of S. John Baptist where an Oration beeing made to him hee returned in the same pomp unto the Palace In the very Entrie whereof hee is reported to have said to his Lords that then his Successors might boast themselvs Kings of England when they should bee thus attended by so many Kings and enjoy the state and glory of such honors or as Malmsburie write's of the same thing when they should enjoy so great a Prerogative of honors So many Kings as Vassals to bee readie alwaies to assist with their Forces whensoëver they should bee required both by Sea and Land There is also a notable testimonie in the same Florentius and the Monk of Malmsburie how that this King sailed round about his Sea every year and secured it with a constant Guard and Forces Every Summer saith Malmsburie immediately after Easter bee commanded his ships upon every shore to bee brought into a Bodie sailing usually with the Eastern Fleet to the West part of the Island and then sending it back hee sail'd with the Western Fleet unto the Northern and thence with the Northern hee returned to the Eastern beeing indeed very diligent to prevent the Incursions of Pirats that is behaving himself in this manfully as say Florentius also and Hoveden for the
those Islands that lie before the shore of France For 't is generally known that after King John and Henrie the third were driven out of Normandie it self that the Isles Caesaria and Sarnia which wee call Jersey and Garnesey Aureney and som other Neighboring Isles lying near the shores of Normandie and Bretaign yea and situated within that Creek of Sea which is made by the shore of Bretaign on the one side and that of Normandie on the other have in the following Ages both now and heretofore remained in the Dominion of England But by the sentence passed against K. John as Duke of Normandie for the murther of his Nephew Arthur the French would have him deprived of all the Right hee had to Normandie And afterwards Henrie the third resigned his Right to Normandie But suppose wee grant what is commonly received that these Islands were of the Norman Jurisdiction or belonging to the Dutchie of Normandie yet truly even so they neither could bee taken away by the sentence nor did they fall to the French by Resignation forasmuch as the possession of the Sea and so of the Islands placed therein was still reteined after the same manner almost as manie Priories were in England it self who though they were belonging to the Norman Government in Church-matters yet even as they were of the Government of Normandie they ever remain'd under the Dominion of England as long as the Privileges of Monasteries were in force among the English as beeing situate within the undoubted bounds of the English Empire Nor is it easily understood wherefore the Islands could have been so reteined unless they also had been seated within the bounds of the English Empire in the Sea But the thing chiefly to bee consider'd here is that verie manie Foreign Nations as well as the Estates of England did in a Libel or Bill of Complaint publickly exhibited in the time of King Edward the First and King Philip the Fair before a Court of Delegates specially in that behalf by them appointed in express terms acknowledg that the King of England hath ever been Lord not onely of this Sea but also of the Islands placed therein par raison du Roialme d' Angleterre upon the account of the Realm of England or as they were Kings of England Which truly is all one as in most express terms to ascribe this whole Sea unto them as far as the Shores or Ports lying over against us But concerning that Libel I shall add more by and by Nor is it to bee omitted that the addition of a Shore larger than that of Picardie to the Kingdom of France hapned first at that time wherein those Isles were so reteined by the English after they were outed of Normandie For before the Shores of Aquitain Bretaign and Normandie were in the possession of other Princes that of Aquitain and Normandie beeing possest by the English and that of Bretaign by the Duke or Earl of that Countrie So that the French King had neither any shore almost nor any considerable use of Sea-affairs at that time by which means also the English did with the more ease retain the aforesaid antient possession of the Sea and the Isles after they were deprived of the Norman Dutchie And this sufficiently appear's also by that Sea-Fight perform'd between the French Fleet commanded by Eustachius the Monk in the time of Philip Augustus King of France and the English Fleet under the Command of Philip de Albenie Governor of the aforesaid Islands and John Marshal who both carefully guarded the passages of the Sea in the beginning of the Reign of Henrie the Third That is to say a French Fleet of about 80 Sail was designed to transport Auxiliarie Forces out of France for Lewis afterwards the Eight of that name that was King of France who through the Treason of som Conspirators made War upon the English King in England This of the French was assailed by an English Fleet of 40 Sail. But Roger of Wendover and Matthew Paris tell us that part of the French who had not been used to Sea-Fight was in a short time wholly defeated Observ here they say that hitherto the French were not accustomed to Fights by Sea But of the English they say the English being warlick and skill'd in Sea-Fight galled them with Darts and Arrows ran them through with their Lances did execution with their Swords sank their Ships and them with Lime which they did by throwing the Powder of Lime into the Aër so it might bee driven by the winde into the French-men's eies They were deprived also of all hope of relief and succor and know not which way to slie The English at that time time beeing expert in Sea-Fight did by this means make good the possession of their Sea and the Isles also that are situate therein For even this Fight relate's to the second year of Henrie the Third or the year of our Lord MCCXVIII that is at the same time almost when the English were first deprived of Normandie But as to that which is commonly said that these Islands first belonged to the English Norman right or by the right of the Dutchie of Normandie it is as easily denied as affirmed by any Nor is there any weight in this Reason that becaus those Islands have and ever had certain Customs like the Norman therefore they do belong to Normandie For the Norman Customs are often used in England as the Roman are somtimes by other Nations yet everie man know's this can bee no ground for such an Argument Nor is it any more to the purpose that those Islands were within the Diocess of the Bishop of Constances in Normandie until that in our Grand-father's daies they became subject to the Bishop of Winchester Their Ecclesiastick Government was a long time derived out of Normandie with more convenience indeed becaus of the nearness of the place which began as it is to bee supposed in those daies when the English possessed the Shores on both sides But it doth not follow thence that those Islands belong'd to the Dutchie of Normandie any more then that the many Priories heretofore in England who were of foreign Jurisdiction in Ecclesiastical matters did therefore belong to the Dominion of foreign Princes and not to that of the English Kings as Kings of England That is every jot as weak also which they use to allege about the Norman Languages beeing in use among the Inhabitants of those Islands The people of Cornwâ—l in England have alwaies used the Welch Tongue at least with a little alteration in the Dialect as the Bretaigns do also in France In like manner the Inhabitants of the Isle of Man use the Irish Tongue yet no man will conclude thence either that this paie's obedience to the Kings of England as Lords or King of Ireland or that the other are subject to their Princes by any right of the Welch Principalitie Wee know indeed that
worthie of observation that this kinde of Letters were usually superscribed and directed by our Kings to their Governors of the Sea Admirals Vice-Admirals Sea-Captains to wit the Commanders appointed by the King to take care of his Territorie by Sea whereas notwithstanding wee finde no mention at all of any such Commanders in those Passports of that kinde which were granted heretofore by the French King to the King of England when hee was to cross over into France Letters of that kinde were given to our Edward the second by King Philip the Long superscribed onely thus Phelip par la grace de Dieu Roy de France A touz noz Justiciers subgies salut Philip by the grace of God King of France To our Judges and Subjects greeting But the reason is evident why the K. of England was wont to direct his Letters to his Commanders of the Sea and the French King at that time onely to his Judges and Subjects in general To wit becaus the King of England had his Sea-Commanders throughout this whole Sea as Lord of the same and therefore when hee crost over it was not reasonable that the French K. should secure him by Sea it beeing within the bounds of the English Territorie And yet the King of France might perhaps have an Admiral at that time but onely upon the shore of Normandie and Picardie For that of Aquitain Bretaign and Narbonne were not as yet added to the patrimonie of that Crown And it was about that time or a little before that they are placed who are first ranked in the Catalogue of the Admirals of France But of later time it is true indeed that in those Passports or Letters of safe Conduct which have been granted even by the French King and other Princes bordering upon the Sea Admirals are usually named in express terms among the other kindes of Roial Officers to the end that they to whom the Passports are granted may bee secured in every place and part of their Dominion But as touching the English Command over such as pass or sail through their Sea there are many other Arguments taken as wee shall shew by and by from the manner of our King 's prescribing limits to such as sail in this Sea as also from those passages which wee have alreadie cited out of Records concerning the Tributes or Customs imposed by the English upon such as passed through the Sea And truly it is very considerable also that the Kings both of Denmark and Sweden together with the Hans-Towns very often and earnestly begg'd of Queen Elisabeth that they might have free passage through the English Sea with Provisions towards Spain during the Warr betwixt her and the Spaniard I know indeed that such a Licence was denied them not onely in respect of the Dominion of the Sea but chiefly to prevent the conveying of Provisions to the Enemie For which caus also divers Ships belonging to the Hans-Towns laden with Corn were taken by English men of Warr in the very Streights of Lisbon without the Sea-Territorie of England which went by the Scotish Sea and the West towards Portugal which was don doubtless that they might not presume to use the English Sea without the leav of the Queen But the Hans-Towns cried out thereupon that the Laws of Nations Commerce and Leagues were violated becaus their ships were so taken by the English onely upon this account that they carried Provisions to the Enemie that is in a Territorie where the English did not in the least pretend to any Dominion And concerning this particular there is a notable Question controverted by very Learned men How far they that are not enemies or would not bee called enemies may by the Law of Nations afford supplies unto an enemie But som years before the taking of these ships when the Hamburgers who in the name also of the rest of the Hans-Towns desired leav to pass through this Sea to Portugal and Spain were more than once denied any kinde of libertie to transport either Corn or Warlike necessaries they did not at all suggest that their Petition at that time was grounded upon the Law of Nations or Commerce nor that the Queen's denial was contrarie to this kinde of Law That is to say they were by her first Answer enjoined to abstein from transporting Arms with other Warlike Necessaries and Corn but saith the Queen in transporting other commodities wee shall not hinder you at all but shall with all favour permit the ships of your Subjects to abide and pass after the accustomed manner that they may perform their Voiage This Answer they did not seem to take amiss But two years after they sent into England Sebastian à Berghen their Ambassador with Petitionarie Letters desiring that the Exception in the Licence formerly granted might bee taken away and a freedom to transport all kindes of Merchandise permitted Their Petition was denied again and this moreover added That such as should presume to do the contrarie should for their bold presumption suffer the loss of all their Goods and Merchandise so carried against her Majestie 's will and pleasure if they fell into the hands of her Men of Warr or any other of her Majestie 's Subjects Thus they ever addressed themselvs by Petitions and the Queen gave Answers according to her pleasure They did not so much as pretend the Laws of Nations or of Commerce before that they understood their ships were seised in another Sea to wit that of Portugal which they conceived free for themselvs by the Law of Nations and Commerce without leav from the Queen of England Then it was they began to plead that Libertie ought not by any Law to bee denied even these men who but som years before had humbly Petitioned the Queen of England more than once for free passage through the English Sea So that that principal point as som would have it of the Law of Nations that relief ought not to bee conveyed to Enemies by a Friend was not onely the ground either of the Hans-Town's Petition or the Queen's denial but her right of Dominion by Sea was concerned also which the Hans-Towns well knew they should violate if they should pass the Queen's Seas without her leav Hereunto for the same reason those particulars relate which wee finde concerning this matter in those points that were to bee insisted on in the year MDXCVII by Witfeldius and Bernicovius Ambassadors from Christiern the fourth King of Denmark to the Queen of England Wee were say they strictly enjoined by our King to mediate with her Majestie that our Countrie men may bee permitted a freedom to transport Corn or Provision towards Spain even as wee have don formerly and do now again with all earnestness desire especially since it is supposed that the same Licence of transporting Corn is granted somtimes both to English and Dutch that our Countrie-men may not bee used in a wors manner than your own
Sea from the Law of Nations denie a Dominion and wrest other things by way of Argument out of the Writers of the Imperial Law which are clearly contrarie to our English Right as also to the Intervenient Law of Nations which hath continued in force for so many Ages about the Dominion of the Sea Either I say the same must bee said of them or els that they did not so much make choice of Arguments which they thought were true to serv the present occasion as of such that might seem to have the greater force and autoritie among those Civil Lawyers with whom they were in Treatie Nor is it a new thing that Civilians should speak of a natural and perpetual communitie of the Sea even where it is most certain that a Dominion thereof is admitted from all Antiquitie in the very Territorie wherein they themselvs are comprehended as I have formerly declared There are also very many Rights among us belonging either to the Exchequer or to such as enjoy the Right of the Exchequer by Grant from the King which som conceiv to bee grounded upon that Sea-Dominion whereof wee discours As the confiscation of Goods derelict in the Sea and of som of the greater sort of Fish as Wale-Fishes Sturgeons and others And for the most part that of the Satyrist hold's good Quicquid conspicuum pulchrúmque ex aequore toto est Res Fisci est ubicunque natat Goods in the sea of any worth and note Belong to th'Chequer wheresoëre they flote Besides wreckt goods cast out ashore when no living creature belonging to the ship remain's alive But these things do not onely appertain to him that is Lord of the Sea but somtimes also to others in other Nations And they for the most part depend either upon the Law or Custom of som Land as in the case of Goods cast ashore or of such as are found and imported or els upon a Right over such Persons as shall first possess them as in the case of any Goods whatsoâ—ver derelict or found in the Sea and others of that kinde Therefore I thought it not meet to draw those things here into Controversie Som antient Testimonies of less account touching the Sea-Dominion whereof wee Treat CHAP. XXV But his intent is earnestly to perswade the English that it is their main interest diligently to guard the Sea whereof the Kings of England are Lords and to defend it with all their might as the perpetual prop and support of their Empire Hee saith also that the same advice was given by the Emperor Sigismund at his enterview with our Henrie the Fifth for the procuring of on peace betwixt him and Charls the Sixth King of France Give mee leav to set down his words The true processe of English policie Of utterward to keep this region Of our Englond that no man may denie Nor say of sooth but it is one of the best Is this that who seeth South North East and West Cherish merchandise keep the Admiraltie That we be Masters of the narrow See For Sigismund the great Emperour Which yet reigneth when he was in this lond With King Henrie the fift Prince of honour Here much glory as him thought he found A mightie land which had taken in hand To warre in France and make mortalitie And ever well kept round about the See And to the King thus he said My brother When he perceivaed two towns Calys and Dover Of all your towns to chuse of one and other To keep the Sea and soon to com over To werre outwards and your reign to recover Keep these two towns sure and your Maâ—estie As your tweyne eyne so keep the Narrow See For if this See bee kept in time of warre Who can here passe without danger and woâ— Who can escape who may mischief differre What marchandie may for by be agoe For needs hem must take trewes euery foe Flanders and Spaine and other trust to me Or else hindred all for this Narrow See What is conteined more at large in these Rhythmes you have the sens of it contracted above in few words It is not worth while to render the words themselvs The same Versifier also proceeds thus But King Edward made a siege royall And wanne the town and in speciall The Sea was kept and thereof he was Lord Thus made he Nobles comed of Record Wee have also divers other very large Domestick Testimonies of this thing which are added in the next place beeing mingled together with the antient Recognition or acknowledgment of forein Nations concerning the same That the Sea-Dominion of the Kings of England is acknowledged by Foreiners whom it most concern's by their usual striking of Sails according to antient Custom Also concerning two Edicts or Ordinances that were set forth about this Thing by the Kings of France CHAP. XXVI WEe are com now to Foreiners And it is clearly evident by what wee have discoursed before either touching the limits set for Navigation by the King of England or the Licence of passage through this Sea often desired by Petition that som of them have indeed acknowledged this Dominion But there are two Testimonies more notable than the rest which shew if you consider chiefly as you ought their beeing Neighbors and such whom it concerned that they generally did the same The one is the usual striking of the Top-sails by every Ship of any Forein Nation whatsoêver if they sail near the King's Navie or any Ship belonging to the same Navie in the Sea The other is a Libel published of old or a Bill of complaint instituted wherein very many forein Nations heretofore in the time our Edward the First did all together and by common consent with the English acknowledg the Dominion of the Kings of England by Sea Whereto I shall add also a particular declaration of that kinde made by the Flemings in an Ambassie to our Edward the Second But that the striking of Sails is don not onely in honor of the English King but also in acknowledgment of his Soveraigntie and Dominion in this Sea is I suppose a thing out of question Certainly the French cannot doubt of it who by such a kinde of striking would have had themselvs heretofore acknowledged Lords of our Sea but in vain That is to say they were as much over-seen in the former Age in setting forth two Edicts or Ordinances to require and ratifie such a kinde of striking Sail to themselvs by all Foreiners as they were in so rashly vindicating the Sea-Dominion of the King of England Concerning those Edicts wee spake before in the former Book Neither of which was received as valid in any Court of Justice according to a decision made in the supreme Court of Parlament which wee have observed also in that place Yea and here I shall set down the very words used by Ludovicus Servinus Advocate general to the King of France to magnifie the Autoritie of those Edicts or Ordinances at
the time of that Decision The one of them beeing set forth by King Henrie the Second of France or in the year MDLV the other by Henrie the Third or in the year MDLXXXIV they were both objected by those who required a striking of Sail to them in the name of the French King even without the bounds of France for the words of the Edicts did not relate onely to the Sea confining upon France upon which ground also they offer'd violence to certain Hamburgers who refused to do this and seized them as guiltie of contempt against the dignitie and Dominion of the French by Sea But as to this thing saith Servinus it may bee said on the contrarie That the Edicts or Ordinances of the Realm making injunction to strike and com aboard have not been observed and are not to this day And it doth not appear that of the year 1555. hath been verified in the Court of Parlament but the Defendants do report onely an extract out of the Register of Broüage which indeed is evident enough when that Edict is objected by the same man Moreover it was an old obsolete Law and that which prove's it is the new Ordinance of the year 1584. For there had been no need of a new Law if the old one had been kept And notwithstanding that the last hath not been verified simply but as it was promoted by persons in Power at that time it did not pass without resistance but was Registred and Published with the Qualification required by the Procurator General at the charge of the Executor according to the antient Forms and such as the Officers of the Admiraltie had made in former time without doing any thing anew The former Edict which was objected was never admitted by the Estates of the Realm for nothing of that matter is to bee found in the Records of Parlament which is the proper place for a Testimonie of its admission But the later was indeed admitted though as to any effect of a Law either at that time to bee enacted or introduced or as received before into Custom it was plainly rejected and that at the instance of the King's Procurator who desired it might bee so qualified as you see that what was grounded upon antient Custom it onely might bee ratified even after this Edict was so admitted in favor of som great Ones Which was discreetly don seeing both the Edicts were extremely contrarie to the Custom of their Neighbors yea and of all Foreiners But as to the business of striking sail which they would have to bee a special Sign or Pledg of their Soveraigntie and Dominion in those Edicts which notwithstanding upon second thoughts were rejected afterwards in Law as hath been shewn truly it having been usually and perpetually acknowledged due for so many Ages to the English and performed accordingly both by stranger and by the French themselvs as a matter grounded upon long prescription can bee no slight argument among the French to confirm that Dominion of the English whereof wee treat Moreover it is affirmed by all that are used to the Sea as a thing out of Question that this intervenient Law or Custom of striking sail hath been very usual to the English and other Nations And that it is very antient and received for above four hundred years appear's by this that at Hastings a Town situate upon the Shore of Sussex it was decreed by King John in the second year of his Reign or of our Lord MCC with the assent of the Peers that if the Governor or Commander of the King's Navie in his Naval Expeditions which were all in that Age upon the Southern Sea shall encontre sur la mer so the words run in the Norman Tongue aucunes Nefs ou vesseaulx charges ou voide qui ne vevillent avaler abeisser leurs triefs au commandement du Lieutenant du Roy ou de l' Admiral du Roy ou son Lieutenant mais combatant encontre ceulx de la flote que silz puent estre pris quils soient reputez come enemies leurs Ness vesseaulx biens pris forfaits come biens des enemies tout soit que les Maistres ou possessours d' iceulx voudroient venir apres alleguer mesmes les Nefs vesseaulx biens estre des amies du Roy nostre seigneur que la menye estant en iceulx soient chastiez per emprisonement de leur corps pur leur rebelleté par discretion That is to say shall meet any Ships whatsoëver by Sea either laden or empty that shall refuse to strike their Sails at the command of the King's Governor or Admiral or his Lievtenant but make resistance against them which belong to his Fleet That then they are to bee reputed enemies if they may bee taken yea and their Ships and Goods bee confiscated as the Goods of Enemies And that though the Masters or Owners of the Ships shall allege afterward◠that the same Ships and Goods do belong to the friends and Allies of our Lord the King But that the Persons which shall bee found in this kinde of Ships are to bee punished with imprisonment at discretion for their Rebellion It was accounted Treason if any Ship whatsoëver had not acknowledged the Dominion of the King of England in his own Sea by striking Sail And they were not to bee protected upon the Account of Amitie who should in any wise presume to do the contrarie Penalties also were appointed by the King of England in the same manner as if mention were made concerning a crime committed in som Territorie of his Island A Recognition or Acknowledgment of the Sea-Dominion of the King of England made by very many of the Neighbor-Nations round about in an antient Libel publickly exhibited or in a Bill of Complaint instituted by them together with the English against Reyner Grimbald Governor of the French Navie Also touching a Recognition of this kinde implied in his Defence CHAP. XXVII THe other Testimonie concerning the Recognition of most Forein Nations in this particular is that Libel or Bill of Complaint heretofore instituted by very many Nations together wherein they unanimously declared the King of England and his Predecessors to bee Lords of teh Sea flowing about and brought them to give an acompt in a Court of Judicature who presumed to violate that Right For the well understanding whereof I shall relate the whole matter more at large A war being on foot between our Edward the First and King Philip the Fair of France it was so concluded somtimes by agreement that there might notwithstanding bee a Freedom of Commerce on both sides and so a Truce with all Merchants whatsoëver on either side but as to other things hostilitie proceeded in the mean time as it was wont betwixt both the Nations This special kinde of Truce was called Sufferentia guerrae sufferance of war and during war there were certain persons appointed by both Princes to take
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
places Herrings are every daies meat Winter and Summer as well to draw on drink as to satisfie hunger and in most places the greatest part of the year they bee scarce to bee had for presently after Michaëlmas the Sound and Rivers are frozen up so as no Herrings can bee transported into twentie several Kingdoms and free States until July which is for thirtie weeks space together so that when Lent com's there are few to bee bought for monie Lastly since by care and industry wee gained from the Flemmings doubtless so by the means wee may as easily grow expert in the Art of Fishing and in time make it a staple commoditie of our own But this wee shall the better and sooner do if wee consider and endeavor to reform certain wants and abuses which hitherto have hindred us from effecting that good and great work whereof these that follow are none of the least 1. General libertie of eating flesh contrarie to old custom and the Statute-Laws provided for observing Fish-daies from whence our scarcitie and dearth of Fish proceedeth for where Flesh is ordinarily spent Fish will not bee bought and want of sale decaieth all Trade gain beeing the Nurs of Industrie 2. Want of order and discretion in our Fishing every man beeing left to himself and permitted to Fish as best liketh him whereas amongst the Hollanders two of the best experienced Fisher-men are appointed to guide the rest of the Fleet all others beeing bound to follow them and to cast their lines according to their direction 3. The Hollanders and other Nations set forth with their Busses in June to finde the shole of Fish and having found it dwell amongst it till November whereas wee stay till the Herring com home to our rode-steads and somtimes suffer them to pass by ere wee look out our Herring-Fishing conteining onely seven weeks at the most and their 's twentie 4. The Hollander's Busses are great and strong and able to brook foul weather whereas our Cobles Crayers and Boats beeing small and thin sided are easily swallowed by a rough Sea not daring to adventure far in fair weather by reason of their weakness for fear of storms 5. The Hollanders are industrious and no sooner are discharged of their lading but presently put forth for more and seek for Markets abroad as well as at home whereas our English after they have been once at Sea do commonly never return again until all the monie taken for their fish bee spent and they in debt seeking onely to serv the next Market 6. The Hollanders have certain Merchants who during the Herring-season do onely com to the places where the Busses arrive and joining together in several companies do presently agree for the lading of thirtie or fortie Busses at once and so beeing discharged they may speedily return to their former shipping whereas our Fisher-men are uncertain of their Chap-men and forced to spend much time in putting off their Fish by parcels These and other defects would carefully bee taken into consideration and certain orders made to make our Fishing prosperous and successful especially considering the fearful mischiefs the neglect hereof hath brought to the King and Kingdom in general and to many good Towns and Corporations in particular as by autoritie even of Parlament it self in the Statute of 33 Hen. the eight is plainly testified which I have summarily here set down to avoid the prolixitie of the original Becaus the English Fisher-men dwelling on the Sea-Coasts did leav off their Trade of Fishing in our Seas and went the half-Seas over and there upon the Seas did buie Fish of Pickards Flemmings Normans and Zelanders by reason whereof many incommodities did grow to the Realm viz. the decaie of the wealth and prosperitie as well of the Cinque-Ports and Members of the same as of other Coast-Towns by the Sea-side which were builded and inhabited by great multitudes of people by reason of using and exercising the craft and feat of Fishing Secondly the decaie of a great number of Boats and Ships And thirdly the decaie of many good Mariners both able in bodie by their diligence labor and continual exercise of Fishing and expert by reason thereof in the knowledg of the Sea-Coasts as well within this Realm 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 buie anie Fish of any strangers in the said Ports of Flanders Zealand Picardie France or upon the Sea between shore and shore c. This act by many continuances was continued from Parlament to Parlament until the first of Queen Marie and from thence to the end of the next Parlament and then expired For conclusion seeing by that which hath formerly been declared it evidently appeareth that the Kings of England by immemorable prescription continual usage and possession the acknowledgment of all our Neighbor-States and the Municipal Laws of the Kingdom have ever held the Soveraign Lordship of the Seas of England and that unto his Majestie by reason of his Soveraigntie the supreme command and Jurisdiction over the passage and Fishing in the same rightfully apperteineth considering also the natural site of those our Seas that interpose themselvs between the great Northern Commerce of that of the whole world and that of the East West and Southern Climates and withal the infinite commodities that by Fishing in the same is daily made It cannot bee doubted but his Majestie by means of his own excellent wisdom and virtue and by the industrie of his faithful subjects and people may easily without injustice to any Prince or person whatsoever bee 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 Majestie is now absolute Commander of the British Isle and hath also enlarged his Dominions over a great part of the Western Indies by means of which extent of Empire crossing in a manner the whole Ocean the Trade and persons of all Nations removing from one part of the world to the other must of necessitie first or last com within compass of his power and jurisdiction And therefore the Soveraigntie of our Seas beeing the most precious Jewel of his Majestie 's Crown and next under God the principal means of our Wealth and Safetie all true English hearts and hands are bound by all possible means and diligence to preserv and maintain the same even with the uttermost hazzard of their lives their goods and fortunes Thus you see what wondrous advantages may redound to the Felicitie and Glorie of this Nation if God give hearts and resolutions to vindicate those rights which are now most impiously and injuriously invaded And so much for what concern's England Now that I may reflect a little upon the point of Sea-Dominion in general to shew how far it hath been asserted and mainteined by