Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	say_a	ship_n	vessel_n	2,929	5	10.6889	5	false

Text snippets containing the quad

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

such impediments as either by Pirates or Potentates as well of Italie as of the opposite shore at divers times have been raised And for the clearing of such doubts as might arise by the subtil construction of words hee added that although those who took upon them to speak in the strict terms of the Law were wont to say that such things onely were gained by Custom which by the Civil Law beeing to bee common were notwithstanding converted to a private benefit yet without any impeachment of the publick profit as to fish in a River without impeachment of Navigation yet for all that the Title of Custom cannot bee unproperly given where there shall bee gained and continually kept in possession and Dominion a quantitie either of Sea or Land abandoned and of no man possessed as Bartholus Baldus Castro and others do affirm And although that by title of Prescription a thing cannot possible bee said to bee possessed unless by the occupation of it another bee thereof spoiled and dispossessed which title come's not in this place forasmuch as the Republick hath not spoiled any of the possession of the Sea but hath seized upon it finding it abandoned without Patron or Possessor notwithstanding in som sort it may bee called Prescription as if a Falcon were let flie and cast off by its master and thereupon growing wilde should after bee taken up by another and by him mann'd and for a long time fed although not properly yet not absurdly it may bee said that this second master hath it by Prescription Likewise to speak in terms of Law the proprietie of speech doth not admit the use of this word Servitude unless to the proper Territorie of a State there bee gotten som power over another State and yet that State remain's Patron of its own notwithstanding in this sens the Republick hath not brought the Sea in servitude to the Citie of Venice becaus it hath not gotten any special use or command over it the Dominion for all that remaining to another Patron but hath assumed the total and intire Dominion thereof which was before abandoned neither by any governed or protected nevertheless it may in a certain proportion bee called Servitude inasmuch as the Republick hath been constrained to assume the total Dominion and Government thereof for the service of the Citie of Venice whereof it had necessarie use Now as touching the Privilege of keeping this Sea and who was the Donor this neither can here have any place forasmuch as at the time of the assumption of it there was not any who could make any grant thereof the Emperor of the VVest never having any Power or Autoritie over it and as little superioritie or jurisdiction had any other western Prince and therefore could so much the less give it to another The Emperor of the East not having force sufficient to keep it had long since abandoned it and beeing thereupon divested of all the Power hee had over it and of the Possession thereof never made any grant thereof in the successive Peace and Treaties which happened afterwards betwixt the said Empire and the Republick Notwithstanding all which the Italian Lawyers as Professors of the Cesarean Law sworn to the very words of it beeing besides most devoted to his Imperial Majestie as if at this present day Augustus or Antoninus did reign do force themselvs with all extortion to verifie upon the western Emperor that saying Imperator est Dominus Mundi The Emperor is Lord of the world VVhich at that very time when it was first pronounced was not true in the hundred part of the world and at this present not in any considerable proportion And whilest they would honor the Emperor and give him with such words as these that which hee neither hath nor can have they consider not the absurditie of the speech as if they should say that no King possessed any estate lawfully unless it were granted him by the Emperor which is as true as when they affirm that the Venetians possess the Adriatick Sea by an Imperial privilege But it appear's clear enough in what sens this is spoken by them becaus there is none of them do intend thereby that there was ever any such Grant made thereof by the Emperor but by that they do figuratively intend a privilege assumed by immemorable possession which possession they interpret to bee with the knowledg and sufferance of the Emperor which is as much as if they should say that Christian Kings possess their Kingdom and the Republick possesseth the Adriatick Sea as lawfully by their title of acquiring it as if those Kingdoms and that Sea had belonged to the Emperor and from and by him to those Princes and to the Republick afterwards granted So spaciously did Chizzola dilate in speaking of the opinion of the Lawyers it beeing the field of his profession hee concluded that any one might rest satisfied as well in truth as in reason that by the Autoritie of the said Doctors there were sure foundations laid to the caus which hee did defend After the testimonie of the Lawyers hee added that of the Historians who do relate that the Republick for more then 300 years past did receiv Custom of such as sailed that Sea and kept armed vessels in a readiness for to compel all such Ships so sailing to go to Venice testifying moreover that even unto their present time the same Custom was observed But upon their attestations hee dwelled not much saying that though they were good Testimonies of preceding occurrences yet when one goeth about to prove the interests of Princes or of private persons hee ought to help himself by authentick writings and to use the Historians with great discretion som of them beeing moved by love others with hatred and others with hope of preferment which constrain's them oftentimes to use flatterie or Hyperboles upon which cannot bee laid any sure foundation Wherefore hee produced an act of the general Council of Lions anno 1274 where the Abbot of Nervesa beeing delegated by the Pope upon a pretension of those of Ancona to have free Navigation upon the Adriatick Sea sentenced that the demand should bee rejected and that the Venetians should not bee molested in the defens and protection thereof from the Sarazens and Pirates neither should bee disturbed from exacting thereupon their Rights and Customs which they had of victuals merchandise and other portable Commodities Chizzola likewise added that it is clean out of memorie when first of all there was created in Venice a Captain of the Gulf becaus in the year 1230 the Chancerie was burned with the memorials of all such elections but from that time to this present hee could shew out of the publick Registers the continual succession of the said elected Captains without any interruption Likewise hee added moreover that there remain the Registers from that time to this of the Licenses granted to pass the said Sea with armed vessels or ships of war and to

Sea That the Kings of England never had prohibited Navigation and Fishing in the Irish Sea between England and Ireland as if they would have had it proved from thence that the Dane ought not to bee prohibited Fishing or Navigation between Island and Norway becaus neither were Lords of the Sea but had possessed the Shores onely on both sides by an equal Right There were other particulars also no less rashly spoken touching a communitie of the Sea as wee observed before Concerning Navigation and Fishing in the Norwegian Sea I shall add more by and by But as it was ill don of those Commissioners in that Treatie to make use of an Argument drawn from a necessarie communitie of the Sea so there is no truth in that which they let fall concerning the Irish Sea For wee know that not onely those pettie Potentates bordering near the Sea heretofore that were in Rebellion and had usurped the Kings Right in many places of Ireland did exact grievous Tributes of Foreiners for the very libertie of Fishing but also it was expressly provided by Act of Parlament that no Foreiner should Fish in the Irish Sea without leav first obteined to this purpose from the Lord Lievtenant or som other lawsul Deputie or Officer of the King of England yea and that all Foreiners should pay yearly for every Fisher-boat of XII Tons or upward thirteen shillings and four pence and for everie lesser Vessel two shillings upon pain of forfeiting their Vessels Furniture and all Goods whatsoëver if so they refused this kinde of paiment or did not acknowledg this Soveraignite of the Lord of the Sea But I shall insert the whole Act touching this business that wee may understand what was the most received Opinion of all the Estates of Ireland touching this Right here of the King Item at the requeste of the Commons that where divers vessels of other landes fro one daie to other goynge to fish amongst the kings Irish enemies in divers partes of this sayd land by which the kings said enemies bee greatlye advanced and strengthened aswell in vitualles harneys armor as dyvers others necessaries also great tributes of money given by every of the said vessells to the said enemies from day to day to the great augmentation of their power and force against the King's honor and wealth and utter distruction of this said land thereupon the premisses considered it is enacted and ordeined by aucthoritie of the said Parliament that no manner vessell of other landes shall bee no time nor season of the yeere from henceforth from the feast of the Nativity of our Lord Jesus Christs next comming go in no part of the said land betwixt the said Irish enemies to no manner fishing without one special licence of the Lieutenant his deputy or Justice of the land for the time being or licence of another person having the kings power to grant such licence upon paine of forfaiture of the shippe and goods to the king And that whatsoever person or persons that find or impeche any of the said vessells rumpants or forfaites against this act by the auctoritie of the same it bee lawfull to them so making any claime in behalfe of the King and approving the said forfaytures by any of the said vessels to be made that the king shall have th' one moitye of the said forfeyture and the said person or persons shall have th' other without anye impechment and that all manner vessells of other lands comming in the said land of Ireland a fishing being of the burden of twelue tunnes or lesse haveing one Drover or boate everye of them to paye for the maintenance of the Kings warres there xiii s. iiii d. by the yeer And all other small vessells as scarfes or boates not haveing Drover nor lighter being within the said burden of twelve runnes every of them shall paye twoe shillings goings a fishing in the like manner Provided alwayes that no vessell fyshing in the North parte of Wicklo be charged by reason of this art and that the Lieutenant his deputy or Justice of the land for the time being shall have the foresaid summes and duties of mony so paid to be imployed in the Kings warres for the defente of the said land and that the Customers and Collectors of the same summes shall accoumpt before the said Justice Lieutenant or Deputy for the time being or such Auditors that shall be for the same appointed by the king or them and not before the Barons of th'exchequer in the said lande and that none of the saide vessels so comming from other parts in the saide lande shall not depart out of the saide lande till every of them pay their said duties upon pain of forfeiture of the vessels and goods to the King There are som also who affirm that the King of Spain obteined leav by request from our Queen Marie for XXI years to fish in the more Northerly part of the Irish Sea and that thereupon a Revenue of one thousand pounds per annum was advanced to the Exchequer in Ireland A Proclamation also was set forth by James King of great Britain prohibiting any foreiner without leav first obteined to fish in this Irish Sea But as to what concern's that Controversie about the Isle of Man although it bee remember'd by Giraldus who wrote in the Reign of Henrie the Second nevertheless it is to bee conceived that it arose in the more antient times of the English-Saxons when all that lie's betwixt England and Ireland was in subjection either to the Kings of Ireland or Britain that is when both of them had in this Sea distinct Territories of their own whose Bounds were in question Certain it is as Beda write's that Edwin the most potent King of the Nortbumbrians or rather of all the English-Saxons subdued the Mevanian Isles to the Dominion of England about the year DCXXX That is to say both that Mevanian which wee call Anglesey the other also which is Man whereof wee discoursed But in the later time of the Anglo-Saxon Empire the Norwegians or Danes who exceedingly infested both this and the North-east Sea with very frequent Robberies at length seized both this Isle and the Hebrides and held them almost two hundred years So that in the mean time this of Man could not in a Civil sens bee ascribed either to Ireland or Britain But that the Kings thereof were at that time Lords as well of the neighboring Sea as of the Isles may bee collected out of their Annals where we find that Godred whose sirname was Crovan King of Man in the year of our Lord MLXVI brought Dublin and a great part of Laynster under his subjection And so throughly subdued the Scots that no man who built a Ship durst drive in more than three Nails So that hee gave both limitation and Law to the Shipping of his Neighbors which is all one as to enjoy the very Dominion of the Sea as I have shewn in

c Concerning Pirates Philip saith it is meet that both hee and you should by common consent drive away such as offend upon the Sea requiring no other thing than this that hee may bee put in command over the Sea by you and that you would confess your selvs unable to defend and guard the Sea which hitherto hath been yours without the help of Philip. They did also by League impose a certain size and proportion upon all sorts of Bottoms both for qualitie and quantitie which their neighbors should have leav to use It is an Article of the Treatie made with the Lacedemonians That the Lacedemonians and their Consederates might indeed use the Sea but not sail in a long ship but any other kinde of vessel which beeing rowed with Oares should not exceed the freight of five hundred Talents That is to say not in a vessel with one range of Oares much less in one of two or three ranges or others that were men of War but in vessels to bee rowed nevertheless with certain pairs of Oars beeing vessels onely for carriage and those small enough other passages of this kinde there are in Thucydides Hereunto belong's that of AEmilius Probus touching Timotheus a famous Captain of the Athenians Hee brought Corcyra saith hee under the command of the Athenians and made the people of Epirus the Athamanians Chaonians and all those Nations which border upon that Sea to bee their Confederates Whereupon the Lacedemonians desisted from long contentions and of their own accord yielded a pre-eminence of Sea Dominion to the Athenians and setled Peace upon this condition that the Athenians should bee chief Commanders at Sea Which Victorie was received with so much joy among the Athenians that Altars were then erected unto PEACE and a Temple appointed for that Goddess And Demosthenes concerning Archebius and Heraclides who when they had deliver'd Byzantium to Thrasybulus they made you saith hee speaking to the men of Athens Lords of the Sea so that yee might sell the Tenth To wit the Customs of the Merchandize of such Merchants as should trade in the Hellespont which is noted there by Ulpianus the Rhetorician From hence also Cicero would have that barbarous Decree of this Nation to have had its rise concerning the people of AEgina somtimes Lords of the Sea The Athenians saith hee dealt very cruelly who passed a Decree that the AEginetans who were powerful in Shipping should have their thumbs cut off to the end that they might not grow strong in Shipping hereafter or by force enter upon that Sea then possessed by the Athenians For in som Books wee read quia classe valebant becaus they grew strong in Shipping as it is noted by Carolus Langius Though it bee conceived by AElian the Decree was therefore made that they might not bee able to use a Spear and yet to handle Oars This crueltie is detested by Writers But it is evident that by this means they were deprived of a free use of the Sea Nor was such a Dominion of the Sea approved onely among those people of Greece but also by the Persians who at that time ruled the East as appear's in that notable League made after the Victory at Eurymedon For truly Cimon Captain of the Athenians having vanquish't the Naval Forces of Artaxerxes Longimanus King of the Persians which had infested the Sea about the Chelidonian Islands the King's courage was so broken That as Plutarch saith and Aristides almost the same hee concluded that notable Peace upon such terms that hee was to keep the distance of an hors-race from the Greek Sea and that hee should not have a Ship built long or beaked within the Cyanean and Chelidonian Islands So that the King was to keep out of every part of the AEgean Rhodian Carpathian and Lydian Sea and that which bend's thence into the West towards Athens Becaus the Athenians were clearly Lords thereof For the Greek which of old was called the Carick Sea spread its self to a very great latitude from Caria or the shore of the Western part of Asia Moreover subjection was imposed upon the Sea of Pamphylia and Lycia as also the Euxin Sea that no Ship of the King 's which should bee long-built or beaked that is to say a man of War could according to the League bee admitted either in this beyond the Cyanean or in that beyond the Chelidonian Islands This certainly was the very meaning of Isocrates when making mention of the Athenian Dominion hee saith it was not lawful to sail in long Ships or Gallies beyond Phaselis For Phaselis a Town either of Lycia or Pamphylia is situate in the same direct line with the Chelidonian Islands But Suidas tell 's us that Castor Rhodius an antient Writer had compiled an Historie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of such as have enjoied a Dominion of the Sea Learned men are upon very good ground of Opinion that those Lords of the Sea reckoned up in the former Chapter were taken by Julius Africanus and Eusebius out of that Autor It is almost out of question too that hee added the Soveraigntie both of the Athenians and Lacedemonians by Sea Castor lived about the time of Augustus Caesar. That work of his is utterly lost Other Testimonies which are found scatter'd up and down touching the Dominion of the Sea in the Customs of the Eastern Nations CHAP. XII MOreover very many things are found scatter'd up and down in those Writings that concern the Customs of the Eastern Nations which clearly prove it to have been a most received opinion touching private Dominion of the Sea Antiochus Epiphanes King of Syria saith speaking of the Syrian Sea Are not both the Sea and the Land mine And Xerxes that Persian King when in a ridiculous humor hee scourged the Hellespont stigmatized it and cast a pair of Fetters into the Waters said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thy Lord inflict's this punishment upon thee Also whereas Agatharcides following the storie of Boxus the Persian write's that the red or Erythrean Sea was so called from King Erythras or Erythrus that is from Edom bordering thereupon who also was Esau and signifieth the same that Erythrus or Rubrus doth in Ebrew hee add's also this Exposition doth imply 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A man enjoying the Dominion of that Sea And truly wee read in Philostratus that there was an old contract touching the Red-Sea which King Erythras had contracted when hee had Dominion over that Sea that no Egyptian ought to enter that Sea in a long Ship but to imploy there onely one of Burthen And Quintus Curtius saith of the Citie of Tyre that beeing built by Agenor shee made not onely the neighboring Sea but what Sea soëver her Ships sail into to bee of her Dominion From whence also Tyria Maria Tyrian Sea's became a Proverb to signifie a Sea so possessed that free passage could not bee

so it cannot all bee called the British Seas yet becaus the Nation of great Britain have very large Rights and Privileges of their own in both those Seas even beyond the bounds of the British name therefore it was thought fit to touch a little upon these Particulars That the antient Britains did enjoy and possess the SEA of the same name especially the Southern and Eastern part of it as Lords thereof together with the Island before they were brought under the Roman power CHAP. II. IT is true indeed which an eminent man saith That the Sea hath been enjoyed by Occupation not for this reason onely becaus men had so enjoied the Land nor is the Act or intent of the minde sufficient thereto but that there is a necessitie of som external Act from whence this Occupation may bee understood Therefore Arguments are not to bee derived altogether from a bare Occupation or Dominion of Countries whose Shores are washed by the Sea But from such a private or peculiar use or enjoiment of the Sea as consist's in a setting forth Ships to Sea either to defend or make good the Dominion in prescribing Rules of Navigation to such as pass through it in receiving such Profits and Commodities as are peculiar to every kinde of Sea Dominion whatsoêver and which is the principal either in admitting or excluding others at pleasure Touching which particular wee shall make diligent inquirie into those things which concern the Isle of Britain through the Ages past down to the present time It is upon good ground concluded that the most antient Historie whereto any credit ought to bee given about the affair's of Britain is not elder then the time of Caius Julius Caesar the Ages before him beeing too obscured with Fables But at his coming wee finde clear passages of the Britain's Ownership and Dominion of the Sea flowing about them especially of the South and East part of it as a perpetual Appendant of the Soveraigntie of the Island For they not onely used the Sea as their own at that time for Navigation and Fishing but also permitted none besides Merchants to sail unto the Island without their leav nor any man at all to view or sound the Ports and Sea-Coast And that the Case stood certainly thus it is no slight Argument which wee shall insert here out of Caesar himself But allowance must bee given ever to Arguments and Conjectures touching times so long since past and gon especially when there is a concurrence in the Customs and Testimonies of following times And as things beeing placed at too remote a distance so that they cannot bee certainly discerned by the eie are wont to bee more surely discover'd by the help of a triangle at hand So what uncertainty soêver may bee in those proofs that are to bee brought out of so remote Antiquitie I question not but it will bee made sufficiently manifest by the continued and more certain usage and Custom of later times as shall bee abundantly made evident in the following Discours As to what concern's the Britains particular use of Navigation in that antient time without which an Occupation of this kinde cannot bee had notwithstanding that at Caesar's first arival they were terrified with the sight of that unusal kinde of long Ships and though at his second coming with a multitude of Vessels of all kindes beeing re-inforced to the number of eight hundred or as som would have it to a thousand they fled in a great fright from the Shore not beeing sufficiently provided for such a Sea-fight as was then at hand and which they had never been acquainted with nevertheless it is most certain that they had Vessels of their own wherein they used to coast about the neighboring Sea and so entred upon it corporally by Occupation Mention is made indeed by Writers of som of their Vessels more notable then the rest which they frequently used beeing framed with twigs as the fashion hath been in the more antient Nations and cover'd with Ox-hides after their usual manner Moreover Festus Avienus speaking of the antient Inhabitants of the OEstrymnides or the Islands called the Sillyes with the rest lying about thus expresseth himself rei ad miraculum Navigia junctis semper aptant pellibus Corióque vastum saepe percurrunt Salum T is strange There Ships they frame with Oxes-hide And scout in Leather through the Ocean wide And what hee saith of their continual care of Traffick and Custom of Navigation concern's others as well that were under the British Government Yet it is not to bee conceived that these twig and Leathern Vessels of the Britains were all of them unfit for making war by Sea according to the manner of that Age and of the neighboring Nations nor that they were less fit for long journies at that time seeing Plinie write's expressly that somtimes they sailed through the Sea in the space of six daies In like manner wee read in the British Historie that about Caesar's time Lud King of Britain seized upon many Islands of the Sea in a way of war which denote's that hee had a very considerable strength at Sea and a well accomplished Navie It is true indeed that there were small Vessels among these as they are no where without them which doubtless were unfit to bear the brunt of a Fight or Tempest that is to say such as Caesar made to transport his Souldiers over the River when hee was streightned by Asranius his Armie as hee had been taught they are his own words som years before by the Custom of Britain The Keels and Ribs were first made of slight matter The rest of the bulk of their Vessels beeing wrought together with Twigs was cover'd with Hides which wee finde mentioned also by Lucan Primùm cana salix mad●facto vimine parvam Texitur in puppim ●aesóque inducta juvenco Vectoris patiens tumidum cireumnatat amnem Sic Venetus stagnante Pado fusóque Britannus Navigat Oceano Of twigs and willow Boord They made small Boats cover'd with Bullocks Hide In which they reach't the river's farther side So sail the Vene●● if 〈◊〉 flow The Britains sail on their calm Ocean so Others there are also that write of these small Vessels But they are not I suppose at least in that Age to bee called small Ships which sailed through the Sea in six daies space nor such as Caesar made onely to transport his Souldiers and conveied them by Cart above XXII miles according to his own Relation It cannot bee doubted therefore but that the Britains had Vessels made even of the aforesaid matter big enough and very fit for service at Sea Moreover there will bee very good ground to conceiv out of what wee shall deliver by and by about the excluding of their Neigbors from the adjacent Sea that they were wont to build and set forth Ships of war of a far more commodious and solid substance for the guarding of

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 dece● 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 Fri●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 a●d usurp●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

THERE IS NO MEMORIAL TO THE CONTRARY HAVE BEEN IN PEACEABLE POSSESSION OF THE SOVERAIGN LORDSHIP OF THE SEA OF ENGLAND AND OF THE ISLES WITHIN THE SAME with power of making and establishing Laws Statutes and Prohibitions of people as well of other Domin●●ns as their 〈◊〉 passing through the said Seas and the Saveraign Guard thereof And also 〈…〉 all manner of Cognisance in Causes and of doing right a●d Iustice to high and low according to the said Laws Sta●u●es Ordinances and Prohibitions and all other things which may appertein to the exercises of Soveraign Iurisdiction in the places aforesaid And whereas A. de B. deputed Admiral of the said Sea by the King of England and all other Admirals appointed by the said king of England and his Ancestors heretofore kings of England of a●●●al and complaint made of them to their Soveraigns the kings of England in default of Iustice or for evil Iud●●●n● a●d especially of making Prohibitions doing Iustice and taking surety of the peace of all manner of people using arms in the said Sea or carrying S●●ps otherwise furnished and ●et forth th●● Merchant-men use to bee a●d in all other points where a man may have reasonable caus to suspect them of Robbery or other ●…uors And whereas the Masters of the Ships of the said kingdom of England in the absence of the said Admiral have been in peaceable possession of taking cognisance and judging of all A●●ions don in the said Sea between all manner of people according to the Laws Statutes Prohibitions and Customs And whereas in the first Article of the League lately made between the said Kings in the Treatie upon the last peace at Paris there are comprised the words here following in a Schedule annexed to these Presents But that which follow 's is not written in a Schedule annexed but in the same Parchment from whence it may perhaps bee conjectured that these are not so much the very Libels themselvs which were exhibited to the Commissioners or Auditors as antient Copies taken from the Original as also from this that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record to have been Admiral of England at that time First it is concluded and accorded between Us and the Agents and Procurators aforesaid in the names of the said Kings that the said Kings shall from this time forward becom to each other good true and faithful friends and bee aiding to one another against all men saving the Church of Rome in such manner that if any one or more whosoever they bee shall intend to disturb hinder or molest the said Kings in the Franchises Liberties Privileges Rights and Customs of them and their Kingdoms They shall bee good and faithful friends to each other and aiding against all men living and readie to die to defend keep and maintein the Franchises Liberties Privileges Rights and Customs aforesaid Except on the behalf of the said King of England John Duke of Brabant in Brabant and his heirs descending from him and the daughter of the King of England and except on the behalf of our Lord the said king of France the excellent Prince Monsieur Albert king of Almaign and his heirs kings of Almaign and Monsieur John Earl of Henault in Henault and that the one shall not bee of Counsel nor aiding where the other may lose life member estate or honor Monsieur Reyner Grimbald Master of the Navie of the said king of France who call's himself Admiral of the said Sea beeing deputed by his aforesaid Lord in his war against the Flemings did after the said League made and confirmed against the tenor and obligation of the said League and the intent of them that made it wrongfully assume and exercise the office of Admiraltie in the said Sea of England above the space of a year by Commission of the said king of France taking the people and Merchants of the kingdom of England and of other places passing through the said Sea with their Goods and committed them so taken to the prison of his said Lord the king of France and delivered their Goods and Merchandises to the Receivers of the said king of France by him deputed in the Ports of his said kingdom as forfeited and due unto him to remain at his Judgment and award And the taking and deteining of the said people with their said goods as also his said Judgment award for the forfeiture acquest of them he hath iustified before you Lords Auditors in writing by virtue of the autoritie of his said Commission of Admiraltie aforesaid by him usurped after this manner and during a Prohibition or Restraint generally made and proclaimed by the king of England in right of his Dominion according to the tenor of the third Article of the League aforesaid which contain's the words above-written requiring that hee may thereupon bee acquitted and discharged of the same to the great damage and prejudice of the said king of England and of the Prelates Nobles others above-mentioned Wherefore the said Procurators in the names of their said Lords do pray your Lordships Auditors that you would caus due and speedie deliverance of the said people with their Goods and Merchandises so taken and deteined to bee made to the Admiral of the said king of England to whom the cognisance of the same of right apperteineth as is before expressed So that without disturbance from you or any other hee may take cognisance thereof and do what belong's to his office aforesaid And the said Monsieur Reyner bee condemned and constrained to make satisfaction for all the said damages so far forth as hee shall bee able and in his default his said Lord the king of France by whom hee was deputed to the said office and that after satisfaction given for the said damages the said Monsieur Reyner may bee so duly punished for the violation of the said League that his punishment may be an example to others in time to com So far the Libel of so many Nations manifestly acknowledging the Soveraigntie and Dominion of our Kings over the Sea and thereupon demanding protection for themselvs And whereas no mention is made of this thing in the Histories either of the French English or others it is no wonder since the proceedings of Courts of Judi●a●ure are very seldom set down in Histori●● But wee understand by the French Historie that this Gri●bald was Gov●●●or of the French Navie at the very same time Paulus AEmiliu● writing of Philip the Fair saith Hee hired sixteen Gallies from Genoa ●ver which Reyner Grimbald was Governor or Commander Hee sailing about by Sea infested the Sea-Coast of Flanders Regimerus Regin●rus or Reynerus Grimbaldus is one and the same man and among the Genoêses there is an eminent Family of that name But becaus hee was a Foreiner and Mercenarie therefore it seem's Joannes Feronius left

others who have enjoied a Dominion in other Seas when they have been concerned in the like Case with England having their Soveraigntie at Sea impeached and questioned by encroaching neighbors it was thought meet here to annex an ingenious and learned Plea touching the Dominion of the Sea which was very succinctly written in Italian but faithfully rendred in English by an honorable Member of this Common-wealth and published som time since under the following Title Dominium Maris OR THE DOMINION OF THE SEA Expressing the Title which the Venetians pretend unto the sole dominion and absolute Sovereigntie of the Adriatick Sea commonly called The Gulf of Venice Manifested in a Pleading or Argument betwixt the Republick of Venice and the Emperor Ferdinand Whereby is sufficiently proved That the Sea as well as the Land is liable to the Laws of Proprietie and may bee brought under the jurisdiction and protection of particular Princes and States Contrarie to the Assertion of those who affirm the Sea to be free and under the Dominion of no man Translated out of Italian LONDON Printed by William Du Gard. An. Dom. 1652. AN ADVERTISEMENT TO THE READDER I Thought it fitting not to instruct but rather to remember the Reader that this Sea over which the Venetians challenge Sovereigntie and Dominion beeing commonly called the Gulf is nothing els but a large Bay or inlet of the Sea which entering in betwixt two lands and severing them for many miles countinuance in the end receiv's a stop or interruption of further passage by an opposite shore which join's both the said lands together It is called the Gulf of Venice from the Citie of Venice situated upon certain broken Islands near unto the bottom thereof It is also called the Adriatick Sea from the antient Citie of Adria lying not far distant from the former From the entrance thereof unto the bottom it contein's in length about 600 Italian miles where it is broadest it is 160 miles over in others but 80 in the most 100. The southwest shore of it is bounded by the Provinces of Puglia and Abruzzo in the Kingdom of Naples the Marquisate of Ancona and Romagnia in the Pope's State and the Marqui●ate of Trevisana in the Venetian State The North part of it or bottom hath Friuli for it's bounds the North-East is limited by Istria Dalmatia Albania and Epirus whereof Istria doth not so entirely belong unto the Venetians but that the Arch-Duke of Gratz of the Austrian family who at this present is Emperor doth possess divers Maritim Towns therein In Dalmatia saving Zara Spalato and Cattaro they have nothing of importance the rest belonging to the Republick of Ragusa and to the Turks In Albania and Epirus they possess nothing at all it beeing entirely the Turks So that hee who shall examine the circuit of this Sea which must contein above 1200 miles shall finde the shores of the Venetian signorie not to take up intire ●00 of them omitting som scatter'd towns and dispersed Islands lying on the Turkish side of the Adriatick shore For the securing hereof from the depredation of Pirates and the pretenses of divers Potent Princes as the Pope Emperor King of Spain and the great Turk who have each of them large territories lying thereupon also to caus all such ships as navigate the same to go to Venice and there to pay custom and other duties the Republick maintein's continually in action a great number of ships gallies and galliots whereto they also add more as there may bee occasion whereof som lie about the bottom of the Gulf in Istria others about the Islands of Dalmatia to clear those parts of Pirates who have much infested those seas others and those of most force have their stations in the Island of Cor●u and in that of Candia in the first of which commonly reside's the Captain of the Gulf whom they call by the name of Proveditor or Provisor general whose office it is to secure the Navigation of the Gulf not onely from the Corsari or Pirates but to provide that neither the Gallies nor Ships of the Pope the King of Spain or great Turk do so much as enter the same without permission of the Signorie or Republick and upon such conditions as best pleaseth them which they are so careful to effect that in the year 1638 the Turkish Fleet entring the Gulf without licence was assailed by the Venetian General who sunk divers of their vessels and compelling the rest to flie unto Valona hee held them there besieged although the same Citie and Port whereon it stand's bee under the jurisdiction of the Grand Signor And notwithstanding that a great and dangerous war was likely to ensue thereupon betwixt the Grand-Signor and the Republick becaus the Venetian General beeing not content to have chased them into their own Ports did moreover then that sink their vessels and landing his men slew divers of their Mariners who had escaped his furie at Sea yet after that a very honorable peace was again concluded betwixt them wherein amongst other things it was agreed that it should bee lawful for the Venetians as often as any Turkish vessels did without their licence enter the Gulf to seiz upon them by force if they would not otherwise obey And that it should likewise bee lawful for them so to do within any Haven or under any Fort of the Grand-Signor's bordering on any part of the Venetian Gulf. Out of all which when I considered the real and absolute Sovereigntie which this Republick doth actually enjoy over this sea which they have ever defended as well by the sword as the pen and withal how that som neighboring Nations of late years did seem to envie the title of England to the narrow seas affirming in som of their writings the Sea to bee free that it neither ought nor could bee under the jurisdiction of any that it was a wilde beast which could not bee ruled that possessio beeing Pedis positio there could no possession bee either taken or kept of it that the limits thereof beeing a fluent element could not bee scored out or certainly determined that it was as free for all mankinde to use and as common as the aër with many other things to that purpose I chancing som years past to bee at Venice upon consideration of the premisses did labor with a great desire to know the grounds of that title whereupon the Venetians founded their Dominion of the Sea and after much search even to the despair of obteining of it I hapned upon this ensuing argument conteining a Plea or Dispute betwixt the Austrians and Venetians touching the Dominion of the Adriatick Sea not fictitious or devised onely to color the caus but faithfully transcribed from out the publick Registers of that Citie which I offer herewith to the Reader in English and withal these two considerations First that hereby it will appear that the Common-wealth of England's challenge to the Dominion of the Sea is neither a Noveltie

or singularitie especially when it is besides most apparant that the King of Denmark doth not onely pretend to the Sovereigntie of the Sound but causeth all such Ships as pass through it to pay what toll hee pleaseth The great Turk prohibit's all Nations saving his own Vassals to enter the black Sea or Pontus Euxinus the like hee doth to the red Sea whch contein's at the least 1200 miles in length beginning from the streits of Babelmandel which give 's entrance thereinto and ending at the Town of Sues which is seated at the bottom thereof The King of Portugal opposeth to the utmost of his power any but his own subjects to sail into the East-Indies affirming those Seas to bee intirely under his dominion as well by Conquest as the Pope's donation insomuch as the smallest vessel even of the natives of those parts cannot sail from Port to Port without the pass-port of the Vice-Roy of Goa or of som other by him deputed thereto styling himself amongst others his Titles to bee King of the Conquest Navigation and Commerce or Traffick of AEthiopia Arabia Persia India c. which hath been hitherto so punctually observed as no Castilian or Spaniard might at any time or for any occasion sail into the East-Indies though both those Nations were for many years together united under one King Secondly if the Dominion of these Seas dotruely and properly belong to the Commonwealth of England as hath been so sufficiently cleared and proved to the whole world by that learned Book entituled Mare Clausum why may not or ought not the People of England by all lawful waies procure that the Dominion of these Seas that so justly appertein's unto them may bee secured from any force violence or opposition how great soever of their most powerful neighbors whenas wee see the Venetians to bee so jealous in preservation of the title they pretend to their Seas as rather then to suffer it to bee in the least sort questioned they do upon all occasions oppose themselvs by force or otherwise against the most potent Princes of Europe and Asia Vale. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dominium Maris OR THE DOMINION OF THE SEA AFter a long peace betwixt the Progenitors of the Emperor Maximilian the first and the Republick of Venice in the year 1508 there began certain slight differences which concluded in a notable and most memorable war insomuch as the Republick for 22 years following were with the said Prince and with his Posteritie for divers respects somtimes in war somtimes in peace and somtimes in truce until in the year 1529 all differences betwixt them were composed and a peace concluded in Bolonia which continued all that Age with the Emperor Charls the Fifth together with his brother Ferdinando King of Hungarie and Archduke of Austria But becaus by the division made betwixt the said brethren seven years before all the Austrian lands which confined with the Venetians were laid by agreement unto the part which belonged unto King Ferdinand the confines of which as they had conjuncture with the lands of the Republick were very intricate and of great difficultie to conclude unto whether partie they did belong as well for the publick reasons of the said Princes as for those of their private subjects To end all which in quiet it was agreed that there should bee an arbitrarie Tribunal erected in Trent for the deciding of these doubts which in the year 1535 pronounced sentence whereby all the differences beeing more then an hundred were definitively concluded Here notwithstanding the difficultie ceased not becaus som did travers the execution of the sentence so as in progress of time new quarrels did arise from both sides each one pretending new wrong● offered by the advers partie Whereupon to put an end to all these differences there was by the common consent as well of Ferdinando who succeeded in the Empire by the resignation of his brother as of the Republick a convention appointed in Friuli 1563 of five Commissaries one Procurator and three Advocates for each part who should treat of the differences as well old as new and should have power to conclude them under the ratification of the several Princes And this so great a number of Judges was desired by the Emperor the better to give satisfaction to his subjects of several Provinces interessed in the caus Of the Imperial side the Commissaries were Andrew Preghel a Baron of Austria Maximilian Dorimbergh Elenger de Goritia Stephen Sourz and Anthonie Statemberger the Procurator was Giacomo Campana Chancellor of Goritia the Doctors or Advocates were Andrea Rapicio Gervasio Alberto and Giovan Maria Gratia Dei For the Venetians the Commissaries were Sebastian Venier Marino de Cavalli Pietro Sanudo Giovan Baptista Contarini and Augustin Barbarigo The Procurator was Giovan Antonio a secretarie the Advocates Marquardo Susanna Francesco Gratiano and Giacomo Chizzola At this Convention the complaints on both sides were opened which beeing argued and the other publick differences partly composed and partly decided there was taken into consideration a Petition of the Imperial Procurator in this form Ejusdē Majestatis nomine requiritur ut posthac illius subditis atque aliis in sinu Adriatico tutò navigare ac negotiari liceat Item ut damna Tergestinis Mercatoribus atque aliis illata restituantur It is required in the name of his Majestie that hereafter it may bee lawful for his subjects and others to traffick and navigate safely in the Adriatick Gulf. Likewise that recompence bee made for the damages susteined by the merchants of Trieste and others And Rapicio the advocate did accompanie this demand with saying that this was not a caus to bee handled with any subtiltie it beeing a thing most notorious that navigation ought to bee free notwithstanding the subjects of his Majestie had been constrained to go with their ships to Venice and there to pay custom at which his Majestie was aggrieved and made instance that it might bee remedied To this Chizzola Advocate of the Republick made Answer saying that it was a clear case indeed that Navigation ought to bee free but yet those things whereat they were aggrieved were no waies repugnant to this freedom forasmuch as in countries which are most free those who have the dominion thereof receiv custom and order by which way all Merchandise shall pass and therefore no bodie should bee grieved if the Venetians for their own respects did use so to do in the Adriatick Sea which is under their dominion and hee added that if they intended to dispute of the business in question hee was to advertise them that this caus could not by any pretens bee brought into judgment at that convention which was onely instituted for the execution of such things as were formerly sentenced and for righting of such new wrongs which succeeded after the sentence it beeing besides a thing most notorious that the Republick as Lord of the Adriatiok Sea did exercise that dominion at the present